Tribunal requires exhaustion of alternative remedies before proceeding with appeals.

O R D E R

By Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial):

Heard Shri Pradeep Kumar Tiwari, learned counsel for the applicant and Krishna Kumar Ojha, learned counsel for the respondents in both the cases at the time of hearing.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:

I. This Hon'ble Tribunal may be pleased to quash the impugned orders dated 12.11.2013, 13.11.2013 & 26.12.2013, 28.11.2013, 10.12.2013, 27.12.2013 & 28.01.2014 passed by the Respondent No.3

II. This Hon'ble Tribunal may be pleased to regularize the leave of the applicant in view of the medical certificates submitted time to time.

III. Any other relief, which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.

3. The brief facts as narrated in the Original Application is that at the time of filing of the present case, the applicant was at the verge of retirement and now, he is superannuated w.e.f. 30.11.2014. The applicant is chronic patient of Asthma. This problem often take place at the time of change of whether in the month of particularly September and October and persist of complete winter session.

3.1 The applicant in 2013, while working as Wireman in the office of respondent-3, suffered with serious Asthmatic attacks, under which applicant became completely helpless to perform his duties properly. The applicant in the month September of 2013 seriously suffered with asthmatic attack and therefore requested the respondent No.3 to grant him leave, but the respondent-3 out-rightly refused any leave as was personal prejudice to the applicant on the facts that on 19.08.2013, the applicant made a complaint against him before the respondent-2 regarding misbehavior and threat of slapping of respondent-3.

3.2 However, on 23.10.2013, the applicant was served with a charge sheet alleging him that he has stated that duty of wireman is not to physically execute wiring but his duty was only to find out the faults and report to the authorities and also guilty of violating the orders of his Superior, but the applicant was seriously ill during this period, he could not prefer his proper reply. Consequently on 12.11.2013, the applicant has been imposed penalty of reduction of pay by one stage from Rs.12,760-12,380 for a period of six months by the respondent-3.

3.3 Again, on the very next day i.e. on 24.10.2013, the applicant was served with another charge sheet, thereby it was alleged that vide order dated 11.07.2013, the applicant was directed to sort out the difficulties relating to installation of electric earthing, but the applicant vide his letter dated 12.07.2013, refused to perform aforesaid assignment with a plea that he has no knowledge of standard of earthing, which can be done by a person, who has knowledge of the measurement of earthing. Since the applicant was sick, he could not submit his reply to the charge sheet. Accordingly, on 13.11.2012 (next date to the earlier penalty), the applicant has been imposed penalty of reduction of pay by one stage from Rs.12,380-12.020 for six months by the order of respondent-3.

3.4 The respondent -3 was under obligation to verify the medical certificate, however in a grave arbitrary manner he made the irrelevant quarries from the applicant, which is evident from their letter dated 05.11.2013, whereby he has been demanded the prescription wherein the doctor has advised to him to eat boiled things and also demanded the rappers to the medicine the applicant was consuming during this period.

3.5 The applicant was again iss