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2025 Supreme(Online)(CAT) 1086

CENTRAL ADMINISTRATIVE TRIBUNAL
P Rakesh Kumar – Appellant
Versus
M/o Railways – Respondent


ORDER

(As per Hon’ble Mr. B.V. Sudhakar, Admn. Member)

2. The OA is filed challenging the removal of the applicant from service.

3. Brief facts of the case are that the applicant, while working as Bungalow Peon was granted temporary status on 27.7.2018. On becoming sick, though he sought leave on 24.9.2018, it was not granted and hence applicant took treatment from Gandhi Hospital, Secunderabad from 24.9.2018 to 23.1.2019 (Annexure A-VI). However, after having been found to be fit, when the applicant reported to duty on 10.2.2019 he was not allowed to perform duty and instead, respondents terminated his services on 11.2.2019. Later, major disciplinary proceedings were initiated on 19.5.2020 and he was removed from service on 23.11.2020. Aggrieved, the OA is filed.

4. The contentions of the applicant are that the respondents ought to have directed him for medical treatment at the Railway Hospital when he was sick and unable to perform duty. The applicant attended to duty on being found fit, but the attendance of the applicant was not marked.

Termination of services on 11.2.2019 is violative of Article 311 (2) of the Constitution. Applicant was not allowed to join duty even thou



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