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2025 Supreme(Online)(KER) 10088

HIGH COURT OF KERALA
AMIT RAWAL, K. V. Jayakumar, JJ
NITHEESH K. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
MARTIN G.THOTTAN VARGHESE JOHN

JUDGMENT :

Amit Rawal, J.

The present OP(CAT) is directed against the order dated 19.12.2022 in OA No.591 of 2021 filed by the petitioner-applicant challenging the order dated 21.1.2021 whereby petitioner- applicant was imposed a punishment of compulsory retirement from railway services on the allegation of unauthorized absence from duty for a period of 148.5 days from 19.3.2020 to 14.8.2020 excluding the quarantine period.

2. Succinctly, the facts in brief for adjudication of the lis are as under: The applicant-petitioner was employed in Central Workshop, Thiruchirapally, Tamilnadu under the Railways as Technician -III. The leave was granted for a period of three days from 16.3.2020 to 18.3.2020 (both days inclusive) on medical emergency and accordingly, he proceeded to his native place at a village in Nilambur in Kerala. On the ground of illness, another extension of leave from 19.3.2020 to 21.3.2020 was sought, which was granted.

3. On 22.3.2020, there was a general curfew declared, to contain the Coivd-19 pandemic, followed by national lockdown which continued up to 2nd June, 2020. Entire activity in the country came to a grinding halt. Later on, on 31.7.2020, hired a taxi and afte

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