(Reserved on 10.11.2025)

CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH (Circuit Sitting Bilaspur)

Original Application No. 189 of 2018 Jabalpur, this the 05th day of December, 2025 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER Prem Kumar, S/o Shri Abhiram, Aged about 47 years, working as TNC at Brijraj Nagar (now removed), R/o Post Office – Jamgaon, District – Raigarh (C.G). -Applicant Advocate for the applicant: Shri Vijay Chawla V e r s u s

1. Divisional Railway Manager, Bilaspur Division, DRM Office Complex, South East Central Railway, Bilaspur, District Bilaspur (Chhattisgarh)

- 495004.

2. Addl. Divisional Railway Manager (Reviewing Authority), Bilaspur Division, DRM Office Complex, South East Central Railway, Bilaspur, District Bilaspur (Chhattisgarh) - 495004.

3. Sr. Divisional Operating Manager (Appellate Authority), Bilaspur Division, DRM Office Complex, South East Central Railway, Bilaspur, District Bilaspur (Chhattisgarh) - 495004.

4. Divisional Operating Manager (Disciplinary Authority), Bilaspur Division, DRM Office Complex, South East Central Railway, Bilaspur, District Bilaspur (Chhattisgarh) - 495004. -Respondents Advocate for the respondents : Shri Palas Tiwari O R D E R Delivered by Akhil Kumar Srivastava, Member (Judicial) :- In the present original application, the applicant seeks to quash the order dated 18.09.2017 passed by the Disciplinary Authority (Annexure A-3), order dated 18.12.2017 passed by the Appellate Authority (Annexure A-2) and order dated 07.02.2018 passed by Revisionary Authority (Annexure A-1). Prayer has also been made for a direction to the respondents to reinstate the applicant in service with all consequential benefits.

2. The applicant stated that while working as Goods Guard he was served with a charge sheet dated 14.07.2016 for alleged unauthorized absence on for several dates on various occasions at regular intervals during 14.08.2015 to 25.05.2016 (Annexure A-5). He submitted his reply denying the allegation alleged in the charge sheet on the ground of his sudden illness. The applicant also annexed the copy of documents regarding his treatment with his reply. However, having being not satisfied with the reply, the Disciplinary Authority appointed Inquiry Officer who advised the applicant for nomination of defence counsel and to attend the preliminary hearing on 10.09.2016 (Annexure A-8). During the course of inquiry proceeding, the prosecution witness was also examined who admitted that the applicant remained absent from duty but on the other hand the applicant made a statement that due to his sudden illness, he could not informed the CSM/BRJN as no proper communication facility from his native village was available, therefore he submitted the medical certificate issued by the private doctor. After completion of the inquiry proceedings, the Inquiry Officer submitted the inquiry report wherein the charge of unauthorized absence was proved. A copy of the inquiry report was also supplied to the applicant but he did not file his defence representation. Therefore, the Disciplinary Authority vide its order dated 18.09.2017 imposed the punishment of removal from railway service with immediate effect with sanction of compassionate allowance as per rules. Thereafter, the applicant preferred an appeal but the Appellate Authority vide its order dated 18.12.2017 not only confirmed the order of Disciplinary Authority but also modified the order to the extent that he would not be sanctioned compassionate allowance w.e.f. 18.09.2017. Against the order of Appellate Authority, the applicant preferred a revision on 12.01.2018 and the Rrevisionary Authority vide order dated 07.02.2018 rejected the revision petitione. Being aggrieved, the applicant has filed the present original application inter alia on the ground that charge based upon which the penalty of removal has been inflicted, was vague and cannot be sustained in the eyes of law. The a