ORDER (ORAL)

Hon’ble Mr. Ashish Kalia, Member (J)

The applicant has filed this OA seeking the following main reliefs :-

“8(a) Call for the records of the case and quash and set aside the memorandum dated 11.05.2006 and 05.03.2007 charging the applicant of misconduct;

(b) Call for the records of the case and quash and set aside the report dated 31.12.2009 passed by the inquiry officer holding the applicant guilty of misconduct;

(c) Pass an order quashing and setting the Order No. 103 dated 18.06.2010 issued by the Disciplinary Authority dismissing the Applicant from service as well as the Order dated 31.03.2014 passed by the Revision Authority dismissing the Applicant’s Revision Petition;

(d) Pass an order reinstating the Applicant in service with all consequential benefit.”

2. The applicant was working as a Clerk under the respondents. For approximately three years i.e., from 04.09.2000 to 29.04.2003, he went on leave of different kinds on medical grounds. On joining the duty, he submitted medical and fitness certificates dated 29.04.2003 and 30.04.2003 respectively issued by Dr. T. P. Singh, CMO, CGHS, Sunder Vihar, New Delhi. After joining, he made a representation also to get his leave regularized and adjusted as per the rules.

3. As per learned counsel for the applicant after more than a year of joining of the applicant after availing the aforesaid leave, the respondents issued a memo dated 24.06.2004 to show cause as to why disciplinary action should not be initiated against him for unauthorized absence, to which the applicant replied on 02.07.2004 pointing out his illness and stated that no communication was made to him during the period of leave.

4. It is further stated that on 11.05.2006 the respondents issued a charge memo to the applicant on the ground of production of false medical certificate by him. However, the same was withdrawn without assigning any reason and a fresh charge memo dated 05.03.2007 for producing fabricated medical/fitness certificate in connivance with Dr. T. P. Singh was issued, after which an enquiry was initiated against him. Based on the enquiry report, the Disciplinary Authority passed an order of his dismissal from service with immediate effect.

5. Aggrieved, the applicant filed a revision petition on 18.06.2010 which was rejected by the Appellate Authority on 31.07.2014. Hence this OA.

6. Notices were issued to the respondents who put appearance through counsel. He filed reply as well as written statement stating therein in paras 7, 8, 9 and 10 as under :-

“7. As per the comments of the Chief Medical Officer, Incharge CGHS Dispensary, Sunder Vihar on the medical certificate and fitness certificate (dated 29.04.2003 and 30.04.2003), revealed that they did not have any serial number or the token number which are normally mentioned by the doctors. The CMO has further stated that Dr. T. P. Singh, the doctor who has issued the certificates to the applicant, was absent on the dates the certificates were issued.

8. The CMO further states treatment to CGHS beneficiaries of other dispensaries are given for 1 to 2 days. The CMO further stated the treatment of Tuberculosis is usually given for 6-9 months, however the treatment might get prolonged if the compliance is poor. The procedure followed is that where a patient is diagnosed as TB case he is referred to specialist of referral hospital and the treatment is commenced by the specialist, although there are no written guidelines that a CGHS doctor cannot treat a TB patient.

9. That admittedly the Applicant was allotted CGHS Dispensary, Gurgaon. His obtaining a fitness and medical certificate from CGHS Dispensary, Sunder Vihar, Delhi, at a distance of 35 kms from Gurgaon, remains absolutely unexplained and raises a strong suspicion of malafide and falsity. That the Applicant was directed vide letter dated 27.07.2004 to submit original papers/prescriptions/test report relating to his medical treatment but the Applicant did not submit any such document which leads