This OA has been filed by the applicant seeking the

following reliefs:

i) That the Hon'ble Tribunal may graciously be

pleased to pass an order of quashing the

impugned Disciplinary Authority order dated

31.1.2013 (Annex. A/1), Appellate authority order

dated 5.7.2016 (Annex. A/2), Charge Sheet dated

25.3.2011(Annex. A/4), I.O. report and entire

disciplinary proceedings, declaring to the effect

that the same are illegal, arbitrary, against the

rules and against the principle of natural justices

and consequently, pass an order directing the

respondents to re-instate the applicant in service

with all the consequential benefits to the applicant

including arrears of pay and allowances with

interest and also re-imbursement of medical claim

of the applicant.

(ii) Any other relief which the Hon'ble Tribunal

deem fit and proper may also be granted to the

applicants along with the costs of litigation.”

2.

Learned counsel for the applicant submits that the

applicant was appointed to the post of Warder in Prisons

Head Quarter, Govt. of NCT of Delhi on 26.02.1996. In the

year 2010 the applicant became seriously sick due to

Diabetes Mellitus and Chronic inflammatory demyelinating

neuropathy.

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3.

It is submitted that the disciplinary authority was

well aware of the sickness of the applicant, in spite of that

vide memorandum dated 25.03.2011 issued a charge sheet

under rule 14 of the CCS(CCA) Rules, 1965 and alleged the

following charges:

“Article-I

Sh. Anil Kumar Sejwal, W-634 while working as Warder in

CJ-2 committed misconduct to the extent that he absented

himself from his duties w.e.f. 21.8.2010 to till date

unauthorisely and without seeking the approval of

competent authority and thus availed the leave as a matter

of right.

Article-II

That the said Sh. Anil Kumar Sejwal, W-634 while working

in the above said office during the relevant period, failed to

appear the medical board in complete defiance of the order

of SCJ-2.”

4.

Notices were issued to the respondents who put their

appearance through their counsel and filed reply.

5.

Learned counsel for the respondents submits that the

applicant, ex-Warder along with his appeal submitted

copies of his applications dated 20.08.2010, 08.04.2011

and 27.04.2012. Superintendent, CJ-02 was requested to

confirm whether these letters were received in CJ-02. The

Superintendent, CJ-02 confirmed that these letters were

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neither diarized nor traceable in the records. It is pertinent

to

mention

here

that

the

applicant

was

issued

memorandum

dated

23.08.2010

by

the

Deputy

Superintendent, CJ-02 for absence from duty with

directions to explain the reasons but he did not reply to the

same.

The

applicant

was

again

issued

another

memorandum dated 01.09.2010 by the Superintendent,

CJ-02 with the directions to either report back for duty

within 24 hours or appear before the Medical Board, Deen

Dayal Upadhyay Hospital in case he is ill but again he did

not bother to follow the directions. Subsequently, he was

issued the charge sheet under Rule-14 of CCS (CCA) Rules,

1965 on 25.03.2011 by the competent authority for

absence from duty W.e.f. 21.08.2010. A charge sheet was

served to the applicant on 13.04.2011, but he did not reply

to the charge sheet issued to him.

6.

The short question raised before this Tribunal is

whether the punishment awarded to the applicant is

disproportionate to the offence so committed by him or not?

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7.

Heard the learned counsel appearing for both the

parties and perused the records.

8. In the case of Naresh Chandra Bhardwaj vs Bank Of

India on 22 April, 2019 at Paras 14 to 17, the Hon’ble

Supreme Court observed as under:-

“14. It is difficult for us to accept that there is any difference in

the conduct of the three officers as would justify this

differentiation in punishment. The most important fact in this

behalf to notice is that as per the counter affidavit submitted by

the respondents, in their own wisdom they have agreed to grant

compassionate allowance to the appellant, which