(Reserved on 13.01.2026)

Central Administrative Tribunal, Allahabad Bench, Allahabad This the _19^th day of _February, 2026 HON’BLE MR. RAJNISH KUMAR RAI, MEMBER-J.

HON’BLE MS. MANJU PANDEY, MEMBER-A.

Original Application No. 1447 of 2016 (U/S 19, Administrative Tribunal Act, 1985)

Lal Chand, aged about 26 years, son of late Jagan, Resident of Village and Post Bisara, Tehsil Sirathu, District - Koshambi.

……….. Applicant.

By Advocate: Mr. A.K. Srivastava.

Versus

1. Union of India through General Manager, North Central Railway, Subedarganj, Allahabad.

2. Divisional Railway Manager, North Central Railway, Allahabad Division, Allahabad.

3. Senior Divisional Personnel Officer, North Central Railway, Allahabad Division, Allahabad.

4. Senior Divisional Engineer V, North Central Railway, Allahabad Division, Allahabad.

……….. Respondents By Advocate: Mr. K.K. Ojha.

Order By Hon’ble Mr. Rajnish Kumar Rai, Member (Judicial)

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking quashing of the impugned order of removal from service dated 17.01.2015 and the appellate order dated 25.04.2016, and for a direction to the respondents to permit him to join duty with consequential benefits. The applicant seeks the following reliefs:-

“8.1 by means of writ of certiorari quash the impugned order date 17.01.2015 and order passed by respondent no. 4 dated 25.04.2016 (Contained as Annexure No. A-1 and A-2 to Compilation No. I of the Original Application).

8.2 to issue a writ, order or direction in nature of mandamus commanding the respondents to allow the applicant for duty alongwith the salary as entitle for leave period, while under treatment of private Doctor or under Divisional Railway Hospital.

8.3 to issue any other suitable writ, order or direction as this Hon'ble Tribunal may deem fit and proper under the facts and circumstances of the case.

8.4 to award the costs of the application in favour of the applicant.”

2. The brief facts of the case are that the applicant, Lal Chand was appointed as a Gangman in North Central Railway on compassionate grounds. Disciplinary proceedings were initiated against him on the allegation of unauthorized absence from duty for the period from 20.01.2014 to 18.07.2014. The applicant contended that during the said period he was on sanctioned leave, met with a road accident, remained seriously ill, and underwent treatment at district and railway hospitals, for which medical certificates were duly submitted to the department from time to time. Despite this, a charge sheet was issued and, after departmental proceedings, the Assistant Divisional Engineer passed an order dated 17.01.2015 removing the applicant from service, which was subsequently upheld in appeal by order dated 25.04.2016. An earlier Original Application filed by the applicant was dismissed as premature on the ground that his departmental appeal was pending, with liberty to approach the Tribunal after its decision. Thereafter, the present Original Application has been filed challenging the orders of removal and appeal on the grounds that the absence was not willful, was due to medical reasons, and that the punishment imposed is disproportionate and arbitrary.

3. Learned counsel for the applicant submitted that the impugned order of removal from service is illegal, arbitrary, and unsustainable in law, as the alleged absence of the applicant was neither willful nor deliberate but was on account of a road accident and subsequent prolonged illness. It was argued that the applicant remained under treatment at government as well as railway hospitals and had duly submitted medical certificates and intimations to the competent authority, which were ignored by the disciplinary and appellate authorities. Learned counsel further submitted that despite the applicant being declared medically fit and permitted to resume duty, the extreme penalty of removal from service was imposed, which is wholly disproportionate to the alleged m