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4. On the other hand, the Respondents have filed counter affidavit, wherein it is stated that the applicant was transferred from NTSC VIVEK RAWAT Hyderabad to NTSC Howrah on administrative exigencies as part of a chain transfer, and despite being duly relieved and repeatedly directed to join at Howrah, he failed to report for duty, citing medical grounds for himself and illness of his mother and wife and his leave applications were not supported initially by valid medical certificates and, subsequently, he submitted 12 medical certificates from different hospitals without continuity of medical history, none of which were approved by the competent authority. It is submitted further that upon verification, doubts arose regarding the genuineness and procedural propriety of the certificates issued by Osmania General Hospital, Hyderabad, and the applicant was referred to the Medical Board, which advised specific investigations and orthopedic opinion; however, he failed to comply and instead furnished further certificates from another hospital, wilfully avoiding medical examination and disobeying lawful instructions. He remained unauthorizedly absent for 435 days (19.08.2023 to 27.10.2024), adversely affecting the functioning of NTSC Howrah, necessitating interim charge arrangements. A charge sheet was issued, the Inquiry Officer proved the charges of unauthorized absence and wilful disobedience, and the constituted committee recommended compulsory retirement under Clause 2.1.1 of the NSIC Compulsory Retirement Scheme, 2018 read with FR 56(j). After due consideration and adherence to principles of natural justice, the competent authority passed the order dated 20.11.2024 retiring the applicant compulsorily. The respondents contend that the impugned orders are lawful, reasoned, and in accordance with rules and guidelines, and therefore the Original Application is devoid of merit and liable to be dismissed.

9. As per the Respondents, the applicant was transferred from NTSC Hyderabad to NTSC Howrah on administrative exigencies as part of a chain transfer, and despite being duly relieved and repeatedly directed to join at Howrah, he failed to report for duty, citing medical grounds for himself and illness of his mother and wife. His leave was however, not sanctioned by the competent authority and he was repeatedly asked to join his place of duty. Theapplicant however, kept submitting medical certificates and was therefore asked to present himself before a medical board at Osmania General Hospital. While he did report for the medical board, he did not report again when asked to come for some investigations and kept submitting further medical certificates from different medical authorities each time asking for leave on medical grounds. For his continued unauthorised absence, he was given a chargesheet on 09.02.24. However, the Committee set up to look into the FR 56(j) cases, decided to compulsorily retire the applicant on medical grounds i.e on 2.1.1 of the scheme of compulsory retirement of NSIC vide letter dt 20.11.2024.

(ii) In any other case after he has attained the age of 55 years."

11. The NSIC introduced the scheme of Compulsory retirement in the organisation vide Circular No 17/19 dt. 28.03.2018 which said that with the introduction of the above scheme, the provisions on the lines of FR 56(j) shall deem to have been incorporated in the existing NSIC Conduct, Control and Appeal (CCA) Rules. As per the scheme adopted in NSIC, whenever the services of am employee are no longer useful, the employee can be compulsorily retired for the sake of public interest, on grounds of medical unfitness, inefficiency and doubtful integrity. The Guidelines on medical unfitness read as under:

14. As per the scheme of compulsory retirement in NSIC, an employee can be compulsorily retired for the sake of public interest on grounds of medical unfitness, inefficiency and doubtful integrity. While it does say that if an employee has been continuously absent on EOL or absent without leave on medical grounds for a period of 120 days or more during the last one year can be compulsorily retired, the direction at 2.3 also says that in case of medical unfitness, the matter shall be referred to Medical Board of Government Hospital for thorough medical check-up by the Committee and obtain/consider the report before making any recommendations to the Appointing authority. VIVEK RAWAT