Central Administrative Tribunal - Mumbai
Sachin Dattatray Kadam vs M/O Defence on 4 March, 2026
1 OA No. 524/2018
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
Original Application No. 524/2018
Order reserved on: 18/11/2025
Dated of order: 04/03/2026.
Coram: Hon'ble Mr. Shri Krishna, Member (A)
Hon'ble Mr. Umesh Gajankush, Member (J)
Shri. Sachin Dattatray Kadam
Ex MTS (Store)
T. No. 13527 M,
Naval Armament Depot (Karanja)
Age-34
Occupation - unemployed
Residing at,
Mu/Po Pethkinai tal Koregaon
Kinhai, Satara
Kinhai, Maharashtra,
Satara - 415021 ...Applicant
(By advocate: Shri Shri L.C. Kranti a/w
Ms. Bhoomika Vyas)
Versus
1. Union of India, through the Secretary
Ministry of Defence, South Block,
New Delhi - 110 011
2. Flag Officer, Commanding-in-Chief,
Headquarters,
Western Naval Command,
Shahid Bhagat Singh Road, Mumbai - 23
Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082,
pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber=
Rashmi
5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4
527c20, telephoneNumber=
bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11
e5f3ff, title=0779
Reason: I am the author of this document
Location:
Date: 2026.03.16 15:05:08+05'30'
Foxit PDF Reader Version: 2025.3.0
2 OA No. 524/2018
3. Rear Admiral, Chief Staff Officer (P&A),
Headquarters, Western Naval Command,
New Command Post Building,
Tiger Gate, near Ballard Estate,
Mumbai- 23.
4. General Manager,
Naval Armament Depot,
Post-Naval Station Karanja,
Taluka Uran, District Raigad - 04 ...Respondents
(By Advocate: Shri N.K. Rajpurohit)
ORDER
Per: Mr. Umesh Gajankush, Member (J)
The present O.A. has been filed by the applicant under Section 19 of the Administrative Tribunal Act seeking following reliefs:
a) This Hon'ble Tribunal be pleased to quash and set aside the Charge Memorandum dated 24 April 2013 of the General Manager, Naval Armament Depot, Karanja.
b) This Hon'ble Tribunal be pleased to quash and set aside the Inquiry Report dated 5 August 2015.
c) This Hon'ble Tribunal be pleased to quash and set aside the certificate of medical evaluation dated 22 April 2016.
d) This Hon'ble Tribunal be pleased to quash and set aside the Order dated 26 April 2016 of the Chief Staff Officer, Headquarters Western Naval Command.
e) This Hon'ble Tribunal be pleased to quash and set aside the Order dated 27 January 2017 of the Flag Officer Commanding-in-Chief, Headquarters Western Naval Command.
Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 3 OA No. 524/2018
f) This Hon'ble Tribunal be pleased to direct the Respondent Authorities to reinstate the Applicant in services forthwith with all consequential benefits.
g) This Hon'ble Tribunal be pleased to direct the Respondent Authorities to give compensation for hardship and suffering faced by the Applicant.
h) This Hon'ble Tribunal be pleased to direct the Respondent Authorities to comply with all the obligations under Section 20 of the Rights of Persons with Disabilities Act, 2016.
i) For such further and other reliefs as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.
2. Brief facts of the case are that the applicant was working as a Store Keeper at MTS Store at the Naval Armament Depot at Karanja since June 2007. Some of the other Storekeepers regularly engaged in hazing the applicant often threatening him with life, instilling fear, which at times severely affected his ability to undertake his ordinary work duties.
2.1. It is submitted that the applicant on several occasions requested for being transferred to another location, however, to no avail.
2.2. It is submitted that on or about 11.05.2009, the applicant was embarking on a naval ferry at Naval Station Karanja Jetty, the applicant fell down and severely injured his head. The applicant lost his consciousness and was administered medical care for his injuries.
Digitally signed by RashmiDN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 4 OA No. 524/2018 2.3. However, in the duration of this incident, the Applicant lost his belongings including his identity card, canteen card, punching card, boat pass and explosive area pass, as a result, the applicant was unable to gain entry into the premises thereby, was unable to report to work.
2.4. Therefore, the applicant developed a mental illness and kept missing work.
2.5. Whenever he was able to report to work, he did so and on 08.06.2010 wherein upon reporting, the applicant was instructed to undergo medical examination/fitness test at Sir JJ Hospital. The applicant was asked to handover a communication dated 08.06.2010 addressed to the Dean of Sir JJ Hospital requesting for medical examination by the medical board and the report to be forwarded to the office of the General Manager. 2.6. Thereafter, the applicant reported to the Hospital for his examination. However, upon showing the aforesaid communication, the applicant was asked to pay the examination fees before the tests could be conducted, as the applicant was not in the best frame of mind and penniless, he was unable to incur the cost for it, and the medical examination could not be conducted.
The applicant found himself in a helpless situation and fearing Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 5 OA No. 524/2018 harsh consequences, the mental condition of the applicant flared up and wandered off. Having previously misplaced his identity card, other such documents required for entering his work premises, the applicant was unable to gain entry.
2.7. Further, due to his unstable and disturbed mental health condition, he was unable to inform the reason for his absence at his workplace and there was no one who could have informed the authorities.
2.8. In spite of the mental health condition of the applicant, instead of administering adequate medical attention to the applicant, a charge memorandum dated 24.04.2013 was issued to the applicant alleging that applicant while functioning as MTS (Store) T. No. 13527 M, Naval Armament Depot, Karanja, is unauthorizedly absent from duty from 11.05.2009 onwards. The said act of the individual is subversive of discipline. Thus, he failed to maintain the devotion to duty and thereby violated Rule 3(1)(ii) of CCS (Conduct) Rules, 1964.
2.9. Thereafter, order dated 13.05.2015 was issued by the Disciplinary Authority appointing an Inquiry Officer to enquire into the charges.
Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 6 OA No. 524/2018 2.10. It is submitted that the applicant was called for preliminary enquiry on 03.07.2015, beyond the 10 days mandatory time period provided under Rule 14(7), instructing the applicant to be present, failing to which the inquiry would be conducted ex-parte. This time period has also been reaffirmed at the OM dated 28.12.1993. 2.11. During the hearing, the applicant had no Defence Assistant nor he was informed of this entitlement.
2.12. It is also submitted that during the hearing memorandum of charge dated 24.04.2013 was brought to the notice of the applicant. 2.13. Further, the leading questions were asked to the applicant and the applicant pleaded guilty to being on a long unsanctioned absence because of his unstable mental condition, however, without actually knowing and fully understating what all charges had been issued against the applicant. The charges were not brought to his notice any time prior to the date of hearing. 2.14. Thereafter, Inquiry Officer has submitted an inquiry report dated 05.08.2015, wherein nowhere the concerns and issues raised by the applicant in hearing addressed or recorded. 2.15. It is stated that while in the minutes of hearing recorded that the applicant did not receive a memorandum of charge dated Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 7 OA No. 524/2018 24.04.2013, whereas the inquiry report instead dubiously records that the applicant was served with the charge memorandum. 2.16. It is submitted that on 22.04.2016, the Medical Board issued a certificate of fitness to resume duties, which was however, 9 months after the inquiry had already been concluded and the impugned inquiry report issued. No sooner than the fitness certificate of the Medical Board was issued on 22.04.2016, the impugned order dated 26.04.2016 was issued by the Disciplinary Authority imposing penalty of Removal from Service. 2.17. Thereafter, challenging the impugned punishment order, the appeal dated 17.06.2016 and another appeal dated 30.08.2016 was filed before the Appellate Authority, which was rejected vide order dated 27.01.2017 and upheld the order of Removal from Service, disregarding the mental illness of the applicant and obligation cast upon them under the Persons with Disabilities Act, 1995.
2.18. Therefore, the present Original Application has been submitted on the ground that order for Removal from Service is in breach of the obligation of the respondent authorities under Section 47 of the Persons with Disability Act,1995. Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 8 OA No. 524/2018 2.19. It is contented that the impugned charge memorandum was not served upon the applicant, thereby denying the applicant a reasonable opportunity to be heard in breach of the principles of the natural justice and the applicant was precluded from making written submission in his defence and getting a fair trial. 2.20. Further, after 2 years of issuance of impugned charge sheet, Inquiry Officer and Presenting Officer were appointed on 13.05.2015, whereas, the impugned inquiry report records the facts that the applicant received a charge memorandum. 2.21. It is further contended that impugned order dated 27.01.2017 of the Appellate Authority rejecting the appeal is issued without the application of mind and without considering all circumstances of the case which includes the due process of law. The Appellate Authority did not dealt with the issues specifically raised in appeal, i.e. as to the failure to serve the charge memorandum and the reason for the unsanctioned absence being unstable mental condition.
3. After notice, the official respondents have filed the reply and contested the OA.
3.1. It is stated that during the course of hearing, the applicant admitted the charge and pleaded guilty and therefore, the OA for Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 9 OA No. 524/2018 quashing of the chargesheet and disciplinary proceedings is clearly devoid of the merits and is liable to be dismissed. 3.2. It is further stated that the individual was appointed as Unskilled Labourer w.e.f. 14.07.2007 and was posted at NAD (Karanja). Further, no official requests had been received by this office from Shri SD Kadam regarding transfer to another section. If the individual had any grievances, he should have taken up the matter through official channel of correspondence. The respondents further submitted that as per attendance records, Shri SD Kadam was absent on 11.05.2009 at NAD (Karanja). Further, the individual had also remained absent from 11.05.2009 onwards as per the attendance records available in this office. No intimation regarding loss of identity documents had been received at this office. However, in cases of loss of identity cards, procedure exists for entry into office premises on temporary pass. Individual could have approached the administration at NAD (Karanja) regarding issue of temporary pass for entry to office premises. 3.3. It is further stated that this office confirms that a letter no.
KA/1001 dated 08.06.2010 was forwarded to Dean, Sir JJ Hospital in which the hospital authorities were requested to conduct the medical examination of Shri SD Kadam for confirming the Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 10 OA No. 524/2018 individual's physical/mental fitness. It was also mentioned that the individual would be taken on duty on production of fit medical certificate issued by the medical board of the hospital. A copy of the letter was also handed over to Shri SD Kadam and the individual was directed to report to JJ Hospital for medical examination immediately.
3.4. It is submitted that in the letter addressed to JJ Hospital, it was clearly mentioned that the fees for the medical examination shall be paid by the individual. A copy of the letter was also handed over to Shri SD Kadam. Therefore, the individual was knowing beforehand that the fee for the medical examination shall be borne by him. The individual was referred to a government hospital and the amount incurred towards medical examination could have been reimbursed through this office. Moreover, if the individual still could not afford the cost of medical examination, he could have requested for medical advance which could also have been sanctioned by this office. Furthermore, the statement of the individual of not being able to enter the work premises because of loss of documents is incorrect because, as stated earlier in para above, procedure exists for entry into work premise even in cases where the identity document of the individual is unavailable or lost. Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 11 OA No. 524/2018 3.5. It is further submitted that Rule 14(7) does not state that preliminary hearing of disciplinary case should commence within 10 days of appointment of Inquiry Officer. Instead, Rule 14(7) states that the government servant shall appear in person before the Inquiry Authority on such day and at such time within 10 working days from the date of receipt by the Inquiring Authority of the articles of charge and the statement of the imputations of misconduct or misbehaviour, as the Inquiring Authority may, by notice in writing, specify, in this behalf, or within such further time, not exceeding ten days, as the Inquiring Authority may allow. In this case, the preliminary hearing was conducted within 10 days of receipt of articles of charge and statement of the imputations of misconduct or misbehaviour of the DGS by the Inquiring Authority.
4. Thereafter, rejoinder was filed by the applicant reiterating and elaborating their stand and submitted that the disciplinary proceedings could not have been initiated against the applicant, who is a person suffering from mental illness covered by the Rights of Persons with Disabilities Act.
5. We have heard learned counsel for the parties and peruse the records.
Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 12 OA No. 524/2018
6. Learned counsel for the applicant Ms. Bhoomika Vyas, vehemently argued that due to accident and mental condition, he could not report to duties.
7. It is submitted that the impugned chargesheet was never served upon the applicant, however, during the course of the inquiry proceedings, same was shown to the applicant.
8. During the course of the arguments, she has drawn our attention to the statement recorded on 03.07.2015 of the applicant by the Inquiry Officer in which she has pointed out that leading questions were asked by the Inquiry Officer.
9. In reply to the question no. 3, it has been categorically stated by the applicant that he did not receive the charge memorandum dated 24.04.2013.
10. Further, the declaration/charges (PE-03) was taken during the course of the inquiry, which is contrary to the Rules and only based on the aforesaid declaration and the questions asked in the preliminary inquiry, the inquiry report was prepared and the applicant was punished with the penalty of Removal from Service without considering the explanation offered by the applicant in respect of his mental health condition.
Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 13 OA No. 524/2018
11. Under the facts and circumstances of the case, the applicant was entitled for protection under the Persons with Disability Act, 1995, and now under the new Act of Right of Persons with Disabilities Act, 2016.
12. It is submitted that when challenge was made to the penalty order, the Appellate Authority without considering the grounds raised in the appeal, the facts and circumstances of the case and without considering the procedural irregularities committed during the course of the inquiry, confirmed the order of the disciplinary authority which is arbitrary and unreasonable.
13. On the other hand, the learned counsel for the respondents on the basis of the reply vehemently supported the impugned orders.
14. It is submitted that when the applicant reported to the duties on 08.06.2010, then he was directed to get himself medically examined from the Medical Board of Sir JJ Hospital, Mumbai and produce the medical report. However, no report has been submitted by the applicant and in fact not reported to the department.
15. Further, in the year 2015 also through communication dated 21.07.2015, the applicant was directed to for the medical Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 14 OA No. 524/2018 examination for confirming his physical/mental fitness for utilising his services in future, however, no report was submitted.
16. So far as contentions of non-service of charge memorandum is concerned, same is not tenable, firstly on the ground that the department has taken every effort to serve the chargesheet, however, when no efforts was successful then the notice was published in the newspaper which is appended by the applicant himself on page 52 of the OA.
17. Further, while filing the appeal, it is specifically stated by the applicant in appeal memo (A-11) "I had not replied to the memorandum quoted since my mental state was unstable"
This statement itself shows that the chargesheet was served upon the applicant.
18. So far as, protection under the Persons with Disability Act, 1995 and new Act Right of Persons with Disability Act 2016 with Right of Persons with Disabilities Rules 2017 is concerned, the applicant has not produced any certificate before the authority as contemplated in the aforesaid Act/Rules.
19. It is further submitted that during the course of inquiry the applicant has pleaded his guilt and therefore, once the guilt has Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 15 OA No. 524/2018 been admitted, the challenge made to the impugned chargesheet or inquiry report is unsustainable in the eye of law.
20. During the course of the argument, the learned counsel for the respondents has placed reliance on the judgement of Hon'ble Supreme Court in the case of Union of India Vs. M. Duraisamy in Civil Appeal No. 2665/2022 decided on 19.04.2022 on the point that once it is found that all the procedural requirements had been complied with, the Courts would not ordinarily interfere with the quantum of punishment imposed upon a delinquent employee.
21. Further, reliance has been placed in the case of State of Rajasthan and Ors. Vs. Mohammed Ayub Naz reported in AIR 2006 SC 856, in which the Hon'ble Supreme Court has held that once the High Court has concurred with the findings of the Disciplinary Authority then High Court should not impose lesser punishment on the employee.
22. Furthermore, reliance has been placed on the judgement of Hon'ble Supreme Court in the case of Govt. of A.P. & Ors. Vs. V. Appala Swamy and the judgement of Hon'ble High Court of Bombay in Writ Petition No. 2296/2002 in the case of Employees' State Insurance Corporation & Ors. Vs. Shri A.V. Tungare & Ors.
Digitally signed by RashmiDN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 16 OA No. 524/2018
23. After hearing learned counsel for the parties and perusal of the record, so far as the relief claimed by the applicant in Para 8(c) for quashment and certificate of medical evaluation dated 22.04.2016 (A-3) is concerned, this Tribunal has no authority or jurisdiction to grant any such relief.
24. Before adverting to the merits of the case, it would be necessary to consider the legality and validity of the appellate order dated 27.01.2017 (A-5) passed by the Appellate Authority. In this regard, it is also necessary to take into consideration the appeal memorandum dated 30.11.2017 (A-11) submitted by the applicant before the Appellate Authority in which the applicant has specifically stated that "During the Inquiry, I had pleaded guilty to the charges framed against me. However, my pleading guilty was no absolute and I had explained my causes while answering to question No.7 during the Inquiry. I would like to bring in your kind notice that I had a head Injury and leg Injury during performing my duty due to which I had lost mental balance. I was roaming here and there. Even I was not aware about my self's activities. It is further most humbly submitted that I was living under tremendous mental due to threat of life."
25. In that context, it was obligatory on the part of the Appellate Authority to see and consider whether the guilt admitted by the applicant before the inquiry authority on 03.07.2015 was Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 17 OA No. 524/2018 unconditional or not, and whether the absence from duty of the applicant was with reasons or without any reasons.
26. Further, when the statement was recorded by the inquiry authority on 03.07.2015, then what was the cause or occasion to record declaration (PE-03) (Page-184) which was signed and countersigned by the Presenting Officer as well as the Inquiry Authority and whether such declaration could be obtained by the Inquiry Officer under any of service rule because the sole basis for issuance of punishment order or Removal from Service is that the applicant pleaded the guilt during the course of inquiry proceedings.
27. In this context, when the Appellate order is seen clearly that such procedural aspect has not been considered or discussed by the Appellate Authority in its order and merely recorded that the appellant has not pointed out any flaws in the disciplinary proceedings.
28. Under the facts and circumstances of the case, the Appellate Authority order dated 27.01.2017 does not stand to judicial scrutiny of this Tribunal and is liable to be set aside and hereby set aside.
29. So far as, the protection claimed by the applicant under Section 20 of Rights of the Persons with Disability Act 2016 is concerned, the said benefit can only be granted subject to Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 18 OA No. 524/2018 production of disability certificate produced by the concerned employee.
30. In the present case, it has come on the record that at earlier two times the department has sent the applicant for medical examination, however, the applicant has not produced any medical certificate before the authority. Until and unless, there is certificate issued by the competent authority in respect of Disability claimed by the applicant, no benefit can be granted to the applicant straightway.
31. In the given facts and circumstances of the case, if the applicant apply for disability certificate under Rule 17 of the Right of Persons with Disabilities Rules and after following the due process, if any disability certificate is issued in favour of terms of Rules 18 of the Rules, then applicant is at liberty to place such certificate before the Appellate Authority and the Appellate Authority is directed to consider the same and pass the appropriate order while deciding the appeal afresh.
32. Thus, in view of the aforesaid discussion, the OA is allowed to the extent indicated above and the Appellate Authority is directed to pass appropriate orders in accordance with law within a period Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0 19 OA No. 524/2018 of 120 days from the date of the receipt of the certified copy of this order.
All Pending MAs, if any, stand closed. No orders as to cost.
(Umesh Gajankush) (Shri Krishna)
Member(J) Member(A)
R.
Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a4 527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a11 e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.03.16 15:05:08+05'30' Foxit PDF Reader Version: 2025.3.0