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Judgment
O R D E R
Per. Hon’ble Mr. Braj Mohan Agrawal, Member (A) The applicant, a substitute Telephone Attendant cum Dak Khalasi
(TADK) has approached this Tribunal being aggrieved by order dated 26.10.2021 confirming his order of termination dated 28.05.2019, seeking the following reliefs:-
(a)Call for the records of the case from the respondents
(b)Quash and set aside the order passed by the respondent No.2 dated 26.10.2021 communicated vide letter dated 28.06.2022 to the applicant
The applicant has approached this Tribunal earlier in OA No.2057/2021, aggrieved by order of termination, which was disposed of by this Tribunal order dated 25.08.2021 (Annexure A-12) at the admission stage itself with a direction to the respondent to decide the pending appeal of the applicant dated 18.12.2019 with a reasoned and speaking order within two months from the date of receipt of a certified copy of the order. In compliance of direction of the Tribunal, order dated 26.10.2021 has been issued upholding the termination order dated 28.05.2019.
The applicant preferred an appeal dated 18.12.2019 to the Divisional
Railway Manager and the primary ground taken by the applicant was that he joined duty at Nagpur on 03.05.2018. Due to ill-health of mother of the applicant, the applicant was granted leave with the permission of the Railway administration.
It is seen by us that the applicant has not annexed any leave application, which was granted by the respondent or any certificate regarding ill-health of mother or permission of Railway administration. During the hearing on the pointed inquiry, the learned counsel for the applicant admitted that these documents are not available.
It is also observed that the applicant was issued with a Show Cause Notice dated 11.09.2018 (Annexure R-1) for his unauthorized absence since 05.09.2018 without any intimation to the respondents, which was not responded to. Thereafter, another notice was issued to the applicant dated 09.05.2019 (Annexure R-2) communicating to the applicant to join duty within 14 days of receipt of the order and thereafter his service shall be terminated. The applicant pleads that he presented himself for duty on 23.05.2019, but was not allowed to join (Annexure A-7), thereafter, he submitted his representation dated 24.05.2019 by registered Speed Post on 29.05.2019. Despite that, he was terminated by order dated 28.05.2019.
From the above we find that no documentary proof regarding submission of leave application for his absence from duty with effect from 05.09.2018 and in support of prior sanction of leave has been produced on record.
We observe that the applicant was unauthorisedly absent from duty with effect from 05.09.2018 and was issued with Show Cause Notice dated 11.09.2018 and followed by 09.05.2019. Thereafter, though the applicant claims that he presented himself for duty on 23.05.2019 but not permitted to join duty and his service was terminated in terms of Railway Board Establishment Rule No.250/2010 para 9.1 with effect from 28.05.2019 by the competent authority to terminate. We find no fault with the termination order dated 28.05.2019 and we also find the detailed order of the respondents dated 26.10.2021 in order. Accordingly, the OA fails and is dismissed. No costs.