IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8961 of 2010 1. MADAN DHARI SINGH S/O LATE SAHEB SINGH R/O VILL KATARI, P.O.EKBALGANJ, NIRSERPURA, VIA LAI, DISTT-PATNA ...Petitioner Versus 1. THE UNION OF INDIA THROUGH GENERAL MANAGER, EAST CENTRAL AREA HAZIPUR, DISTT- VAISHALI 2. THE CHIEF MECHANICAL ENGINEER, EAST CENTRAL RAILWAY HAZIPUR, DISTT- VAISHALI 3. THE ADDITIONAL DIVISIONAL RAILWAY MANAGER, EAST CENTRAL RAILWAY DHANBAD 4. THE SENIOR DIVISIONAL MECHANICAL ENGINEER (POWER), EAST CENTRAL RAILWAY DHANBAD ....Respondents --------- For the petitioner: Mr. M. P. Gupta, Advocate For the respondents/Railways: Mr. Parshuram Singh, Advocate ------------- 4 31-08-2010 Heard learned counsel for the petitioner and learned counsel for the Railways and perused the impugned order passed by learned Central Administrative Tribunal, Patna Bench, Patna dated 20th January, 2010 whereby O.A. no. 304/2006 preferred by the petitioner against an order of dismissal from service has been dismissed. Learned counsel for the petitioner has urged that for the charge of unauthorized absence from duty w.e.f. 10-12-2001 to 8-6-2003, the punishment of dismissal from service is too harsh and requires interference of this court. He secondly submitted that order of dismissal has been passed by Senior Divisional Mechanical Engineer (P), Dhanbad describing himself as 2 the disciplinary authority but in fact he is not the disciplinary authority. On considering the entire facts in which disciplinary proceeding for unauthorized absence had to be instituted against the petitioner and the fact that inspite of notice he did not participate in that proceeding leading to order of dismissal, we do not find the punishment to be shocking to judicial conscience. Hence, it requires no interference. So far as the second point is concerned, it has been raised without any factual foundation and such a plea was never raised before the authorities in the appeal or revision or even before the Tribunal. In the facts of the case, we find no merit in this writ petition. It is, accordingly, dismissed. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)