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The response from you has been received on 28.1.2009 against the show cause notice served on you on 15.1.2009. The comments of the undersigned as D.A. on the basis of the charge-sheet and the enquiry report are as under:-
You have been charged for absconding from duty remaining unauthorizedly absent from duty without intimation for long/different periods. All the charges against you have been proved beyond any iota of doubt. Despite the fact that salary was deducted for your initial unauthorized absence from duty (i.e. 28.06.2005 to 15.07.2005) you did not bother to take prior permission for, or intimate, your subsequent absenteeism. The explanation provided by you is not convincing and is not supported by any documentary evidence. During your absence you were tried to contact but due to your frequent change of addresses, that too, without intimation to the administration, you could not be contacted. You were warned and were also given opportunity to explain, but you did not bother to turn up on duty. Your dereliction of duty and indiscipline was more pronounced when despite being asked to join duty by your Controlling Officer, during your visit to office, you still did not join duty nor took permission to avail leave. Your explanation of serious sickness as a reason for your unauthorized absence cannot be accepted as you have not produced any evidence to prove that you were on sick as to not even be able to inform administration or Controlling Officer about the same. You were not able to prove that your sickness was so serious and there was an emergency, which prevented you to get treatment at Central Hospital, which was within a radius of one and a half kilometer from your residence. You produced a medical certificate from a private practitioner, which was not supplemented by an prescription of medicines, purchase of medicines or blood test reports etc. for a serious disease like Hepatitis. It was after repeated requests that you submitted a list of medicines. You have shown stark audacity by refusing to perform duty and has failed to maintain devotion to duty and acted in a manner unbecoming of a Railway Servant and contravened Rule No. 3.(ii) & (iii) of Railway Service Conduct Rules, 1966.
The reasons for reaching to the conclusion imposing penalty are mentioned in the above paras from (i) to (v).
He committed grave offence by gross negligence to the instructions/warning /notices and exhibited serious misconduct against his duties.
He, thus, failed to maintain devotion to duties and his serious misconduct led to the unbecoming of Rly servant in contravention to rule No.3.1(ii) and (iii) of Rly service conduct rules 1966.
Keeping all the factors in view, I impose a punishment of removal from service on Sh. Om Prakash Yadav, ex. Bungalow peon (TADK) with immediate effects, without any prejudice.
15. Rule 3(1)(ii) and Rule 3(1)(iii) of Central Civil Services (Conduct) Rules, 1964, relates to all time maintaining integrity, devotion to duty and to do nothing which is unbecoming of a Government servant and reads as follows:
"3.General. (1) Every Government servant shall at all times-
(i) maintain absolute integrity;
(ii) maintain devotion to duty; and
(iii) do nothing which is unbecoming of a Government servant."

16. In the case of appellant referring to unauthorized absence the disciplinary authority alleged that he failed to maintain devotion of duty and his behaviour was unbecoming of a Government servant. The question whether unauthorized absence from duty amounts to failure of devotion to duty or behaviour unbecoming of a Government servant cannot be decided without deciding the question whether absence is willful or because of compelling circumstances.

17. If the absence is the result of compelling circumstances under which it was not possible to report or perform duty, such absence can not be held to be willful. Absence from duty without any application or prior permission may amount to unauthorized absence, but it does not always mean willful. There may be different eventualities due to which an employee may abstain from duty, including compelling circumstances beyond his control like illness, accident, hospitalization etc., but in such case the employee cannot be held guilty of failure of devotion to duty or behaviour unbecoming of a Government servant.