CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH Original Application No.358/2015 and Misc. Application No. 265/2015 Pronounced on : 05.01.2026 Reserved on : 10.12.2025 CORAM :

HON’BLE MR. JUSTICE RAMESHWAR VYAS, MEMBER (J)

HON’BLE DR. AMIT SAHAI, MEMBER (A)

Vijay Singh S/o Sh. Udai Singh, aged about 56 years, resident of Railway Quarter No. T/17/J, Railway Colony, Janata Chowk, Abu Road, Sirohi District (Raj), the applicant has been working as SG Man, Jaithi, under subordination of respondent No. 4 at Abu Road.

…Applicant [By Advocate: Mr. Nitin Trivedi Versus

1.Union of India through the General Manager, North Western Railways, Headquarters Office, Jawahar Circle, Jaipur.

2. The Divisional Railway Manager, North Western Railways, Ajmer Division, Ajmer.

3. The Senior Divisional Traffic Manager, Ajmer Division, North Western Railways, Ajmer.

4. The Traffic Inspector, North Western Railways, Abu Road.

..Respondents [By Advocate: Mr. Babu Lal Bishnoi

O R D E R

JITENDR A RAJ MEHTA Per Mr. Rameshwar Vyas :

Being aggrieved by the order of the disciplinary authority dated

11^th November, 2014 (Annex.A/2), whereby the applicant has been imposed a penalty of removal from service as also, the order of the appellate authority dated 27^th February, 2015 (Annex.A/1), rejecting the appeal, he has preferred this O.A. assailing the above orders as also, the order of the inquiring authority dated 14^th August, 2014 (Annex.A/3)

whereby, the inquiring authority found the charges as proved against the applicant.

2. Facts of the case in brief are as under :

The applicant, who is a Railway servant remained absent from his duties w.e.f. 01^st February, 2012 for which, a Memorandum dated 24^th October, 2013 (Annex.A/5) was issued to him.Vide order dated 6^th December, 2013, an inquiry officer was appointed who, vide communication dated 23^rd December, 2013 (Annex.A/6)while informing the applicant about the fact of his appointment as inquiry officer invited his objections and to suggest name of defence nominee.

Thereafter, vide registered letter dated 10^th February,2014 (Annex.A/7), applicant was asked to remain present on 22^nd February, 2014 to participate in the inquiry Thereafter, vide another communication dated 15^th June, 2014 (Annex.A/8) the applicant was granted an another opportunity to participate in the inquiry proceedings on 24^th June, 2014 by remaining present before the inquiry office. Thereafter, vide order dated 14^th August, 2014 (Annex.A/3), inquiry officer found the charges as proved against him wherein, it has been mentioned that the applicant has been sending sick certificates from 23^rd October, 2012. Thereafter, vide a letter sent through registered post on 17^th September, 2014, the applicant in his reply had stated as under :-

JITENDR “Jheku Ofj’B e.My ifjpkyu izcU/kd egksn;

A RAJ MEHTA vtesj (mi jsyos )

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