ORDER

Justice K.Haripal

Applicant is a native of Rajasthan. He commenced service in the Mechanical Department of Southern Railway, Palakkad Division on 23.05.2006 as Mechanic. Later, on being medically decategorised, he was declared unfit for Bee-One and Bee-Two posts and fit for Cee-One and below only, which does not involve safety. Thus he was charged against a supernumerary post from the date of medical decategorisation and was maintained as Technician Grade II (Signal). Then he was given alternate appointment as Office Clerk under the Senior Section Engineer/Carrier and Wagon with effect from 26.09.2012.

2. While so, it is the common case that he had applied for 10 days' leave on average pay and proceeded to the native place. He had to rejoin duty on 14.04.2017 on the expiry of the date. But he did not rejoin duty, which prompted the respondents to initiate disciplinary proceedings under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, the Rules for short, and was served with Standard Form No.5 Memorandum, as part of initiating disciplinary proceedings for imposing a major penalty. He did not respond the same. Ultimately, disciplinary proceeding was initiated and an e