The Hindu : Tamil Nadu News : CAT upholds dismissal order

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Monday, Jul 21, 2008
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Tamil Nadu

Tamil Nadu

CAT upholds dismissal order

K.T.Sangameswaran

CHENNAI: The Central Administrative Tribunal (CAT), Madras Bench, has upheld the order of dismissal from service a woman railway employee due to prolonged absence. It also said the applicant was not eligible for VRS since she had not completed the minimum requirement of 20 years service. Also, when she had been removed from service due to unauthorised absence, grant of benefit of VRS was not tenable under the law.

Jasmine while working as head clerk in the TP Fuel Branch, Southern Railway, applied for two years leave in November 2000; but only six months leave was sanctioned. Following her application, the leave was extended by six months. She again applied for leave extension stating that her father was not well and he should be taken to Australia for advanced medical treatment.

However, the authorities were not inclined to grant any further relief. They initiated disciplinary proceedings and removed her from service by an order dated September 2003.

After receiving the order of dismissal, she applied for VRS and other benefits.

The applicant sought the setting aside of the order of dismissal. She said she should be given the benefit of VRS. In its order after hearing N.A. Padmanabha Rao, applicant’s counsel and M.T. Arunan, counsel for railways, the CAT Bench comprising Justice N.S.Veerabhadraiah, Member (J) and R. Satapathy, Member (A) said a perusal of the records showed that the applicant after applying for leave went to Australia to look after her father. But no supporting documents were produced for such advanced medical treatment which was not available in India.

The rules did not permit extension of leave beyond one year. The authorities framed charges against her and instituted enquiry. Accordingly, she was advised to join duty by a letter dated March 2002.

The disciplinary proceedings were initiated by sending notice to her local and her foreign addresses. Since she did not turn up for enquiry, an ex-parte order was passed.

The Bench held that the delinquent officer had stayed abroad without obtaining proper sanction of leave.

Reasonable opportunity was given to the applicant to defend herself in the disciplinary proceedings. Therefore, the order of dismissal could not be faulted, the CAT said.

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