ORDER

Per Mr. Umesh Gajankush, Member (J)

1.The applicant before this Tribunal is challenging the order dated 03.05.2018 passed by the Respondent no.2 imposing penalty of “Compulsory Retirement” from service with full retirement/pensionary benefits i.e. full pension and full gratuity due and admissible as per rule 64 of Railway Services (Pension) Rules 1993 w.e.f. 04.05.2018 and also reply dated 19.05.2022 to the representation/Appeal dated 06.01.2022 of the Applicant stating that earlier reply dated 28.06.2018 stands good and this has been issued with the approval of Competent Authority.

2 Brief facts of the case as stated in the OA are that the husband of the applicant viz. Chandrakant Kashinath Wagh was appointed on 15.10.1982 as Technician-I of Corrision Repairs Shop Parel. He had rendered about 33 years of unblemished service till 01.01.2016. Thereafter, he remained absent from 02.01.2016 to 29.01.2018 (2 years and 28 days) due to his mental health problems, severe joint/knees pain etc. Therefore, memorandum dated 12.02.2018, for remaining unauthorized absent, was issued.

3. It is stated that his salary slip for March, 2018 states that he was on Duty/LV days 10/2.1. The OPD Certificate dated 19.03.2018 of Central Railway Dr. Bam, RLY. HOSPITAL, BYCULLA states that he was suffering from Cough and Expectoration from 6 months with significant weight loss of 10 kgs in 6 months.

4. It is stated that intimation dated 24.03.2018, in respect of preliminary enquiry was sent by post, which was reported as unclaimed by postal authorities. Thereafter, letters dated 31.03.2018 and 07.04.2018 were sent, which -

“have been returned by the postal authorities as unclaimed.

5. Letter dated 07.04.2018 of enquiry officer states that charges framed against the delinquent employee stand proved.

6. It is further stated that Certificate dated 11.04.2018, issued by the respondent no.2, states that the copy of DAR proceedings and its findings by enquiry officer were sent to the delinquent employee and asked to make any representation or submission within 15 days. Thereafter, vide order dated 04.05.2018, order of compulsory retirement was passed.

7. It is stated that order dated 10.05.2018 of Hon’ble Metropolitan Magistrate 58t Court, Bandra (Mumbai) states that alleged mentally ill person, Chandrakant K. Wagh, is produced before the Court by Smt. Bharati Chandrakant Wagh and the order further states to issue request letter to JJ Hospital (Mumbai) for getting opinion whether the person is required to be admitted in mental hospital or not.

8 Further, report dated 12.05.2018 given by Grant Govt. Medical College & Sir JJ Group of Hospitals (Mumbai) states that the deceased employee was chronic alcoholic since 25-30 years, altered/confused behaviour since 7-8 years with irrelevant talks and anti-social behaviour and imbalance while walking etc.

9. Delinquent employee expired on 12.05.2018 and, thereafter, the applicant has submitted her Appeal/Application/representation dated 31.05.2018 to the Chief Factory Manager, Central Railway Loco Factory Parel, Mumbai- 400012, for quashing and setting aside the penalty of compulsory retirement and giving compassionate appointment, which was replied vide communication dated 26.06.2018 stating that there is no provision under the rules that job opportunity can be offered to the family members of late C. K. Wagh. Thereafter, on the representation dated 06.01.2022, reply dated 19.05.2022 was received to the applicant.

10. The aforesaid order has been challenged by the applicant, on the ground that ex-parte enquiry was - conducted against the deceased employee in gross violation of principles of natural justice. The enquiry was conducted in very hasty manner and in very short time.

11. It is further stated that even though, the applicant’s husband was present for his duty in March 2018, neither the Enquiry Officer nor the Disciplinary Authority had served the letters dated 24.03.2018, 31.03.2018 and 07.04.2018 on him personally,