The Tribunal affirmed the proper conduct of disciplinary proceedings and upheld the imposition of penalty for unauthorized absence during medical treatment, establishing the authority's discretion in determining punishment.

ORDER

By Mallika Arya, AM:

Through this O.A., the applicant is seeking quashment of the charge-sheet dated 10.08.2017 (Annexure-A/1), order dated 20.11.2018 (Annexure-A/2) passed by the Disciplinary Authority, order dated 19-02- 2019 (Annexure-А/3) passed by the Appellate Authority and order dated 15.07.2019 (Annexure-А/4) passed by the Reviewing Authority. He is further seeking directions to the respondent authorities to treat the period of 120 days absence as legal and regular by adjusting the same from the balance leave in the account of the applicant and grant salary for the period of 120 days along with interest on the delayed payment.

2. Briefly stating, the facts of the case are that applicant was initially appointed on the post of Junior Engineer. He was holding the post of Sr. Section Engineer and was serving in TRD Department under the Assistant Divisional Electrical Engineer, Itarsi. He retired from service in the month of August, 2020. While working on the post of Sr. Section Engineer in TRD Department, Itarsi, the applicant fell ill on 06.05.2017 and underwent treatment in the Railway Hospital, Itarsi vide Memo No.071142 (Annexure A/5) from 06.05.2017 to 17.05.2017. Since the applicant was not getting proper relief, he preferred a representation dated 17.05.2017 (Annexure A/6) to the Medical Authorities of Railway Hospital, Itarsi and informed that in spite of the treatment given at Railway Hospital, Itarsi, he was not getting proper relief. Therefore, he sought permission to undergo treatment at Govt. Hospital, Itarsi as better medical facilities were available there. The applicant on 01.06.2017, 16.06.2017, 01.07.2017 and 17.07.2017 (Annexure A/7) informed the respondent no. 2 regarding his continuous treatment at Govt. Hospital, Itarsi and sought for more leave. The applicant on 01.08.2017, 16.08.2017 and 01.09.2017 (Annexure A/8) sent all his medical certificates in the prescribed Form-3 through speed post to the concerned authorities. The applicant after getting the fitness certificate dated 14.09.2017 from civil surgeon vide Memo No. 061904 (Annexure A/9) along with Form 4, returned to join his duty. The applicant preferred a detailed representation dated 28.09.2017 before the Sr. Divisional Electrical Engineer TRD West Central Railway, Bhopal and requested to accept and regularize the leave taken by him from 18.05.2017 to 14.09.2017 (120 days). The applicant was having 585 days sick leave and 300 days of LAP in his account. He retired in the month of May, 2020. The applicant prayed before the authorities that the leave taken by him during his treatment period from 18.05.2017 to 14.09.2017 (120 days) may be adjusted from the balance leave, and grant him salary for the said period. However, the request was not considered. Thereafter, the applicant was shocked to receive a major penalty charge-sheet dated 10.08.2017 (Annexure-A/1) issued under Rule 9 of Railway Servant (Disciplinary & Appeal) Rules, 1968. A bare perusal of the same shows that a single charge was leveled against the applicant that he was unauthorizedly absent from duty w.e.f. 18.05.2017 till the date of issuance of charge-sheet. The applicant preferred a representation on 23.09.2017 (Annexure A/11) against the charge-sheet and denied the charge. In his representation, he submitted that when he fell ill, he got admitted in the Railway Hospital, Itarsi on 06.05.2017 and took treatment from the said Hospital from 06.05.2017 till 17.05.2017. Further, after due information, he took treatment f