K Ramesh Kumar vs BSNL on 28 October 2026

ORAL ORDER

(As per Hon’ble Mr. Varun Sindhu Kul Kaumudi, Admn. Member)

By this OA, the applicant has sought the following relief: "....... to declare the failure of the Respondents to consider the Applicant’s medical leave applications and representations before treating his non-joining as unauthorised absence to be illegal and arbitrary and, consequently, set aside the transfer order dated 01.04.2026, relieving order dated 02.04.2026, Show Cause Notice dated 27.04.2026, Letter No. VJ/LC/Disc Case/KRK/2025-26/21 dated 16.05.2026 and the connected “Absent From Duty” proceedings dated 16.05.2026, insofar as they operate against the Applicant, and direct the Respondents to consider and regularise the relevant period under the applicable BSNL Leave Rules by a reasoned order while preserving the Applicant’s continuity of service and consequential service benefits; and pass such order as this Hon’ble Tribunal deems fit in the circumstances of the case.”

2. The brief facts of the case, as narrated by the applicant, are that he has rendered more than twenty-six years of unblemished service in the BSNL, and is at present working as Administrative Officer (General). He is posted at Nuzvid. It is stated that the applicant suffers from advanced COPD, diabetic neuropathy, and associated ailments. In support, he has produced medical certificates, dt. 07.04.2026 and 15.04.2026, from a Chest Physician, Vijayawada, certifying advanced COPD with diabetes, neuropathy, and hypertension, and advising rest from 02.04.2026 to 15.04.2026. As per AIIMS, Mangalagiri certificate, dt. 15.04.2026, he has been diagnosed with lumbar spondylosis and diabetic neuropathy, and advised rest from 16.04.2026 to 30.04.2026. By order, dt. 01.04.2026, the applicant was transferred from DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=

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Vijayawada to Nuzvid. On 02.04.2026, he was relieved with immediate effect, leaving no reasonable opportunity for consideration of his medical difficulties. He has submitted medical leave applications, certificates, and representations, seeking cancellation/ reconsideration of the transfer, and regularisation of leave, physically, and through registered post. However, no speaking order has been passed by the respondents on the said requests.

3. It is further stated that, while these requests were pending, the 7th Respondent issued a Show Cause Notice, dt. 27.04.2026 (Annexure A-6), to the applicant, alleging unauthorised absence, and proposing disciplinary action. The applicant replied on 30.04.2026 (Annexure A-7), with medical material, seeking withdrawal of the notice, and regularisation of leave. The respondents, vide letter, dt. 16.05.2026 (Annexure A-8), stated that the Competent Authority was not satisfied with the reply, and called upon the applicant to submit his explanation, within 7 days, as to why disciplinary action should not be initiated against him under Rules 5(5), 5(6) and 5(18) of the BSNL CDA Rules, and why the period of absence should not be treated as unauthorised absence/break in service. By a connected proceeding, dt. 16.05.2026 (Annexure A-9), the Assistant General Manager (Rural), West-II, Nuzvid, requested the applicant to regularise the period from 03.04.2026 to 01.05.2026 by applying for the eligible leave immediately, and cautioned that, otherwise, the said period may be treated as “Absent from Duty”.

4. The applicant contends that he never abandoned service, and points out that the respondents cannot treat the period as unauthorised absence, without first deciding his leave applications by a reasoned order. Earlier, the applicant DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=

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approached the Hon’ble High Court of Andhra Pradesh in W.P. No.16651 of 2026, and the same was disposed of vide their Order, dt. 25.06.2026, leaving it open to him to approach this Tribunal.

5. Mrs. P. Sree Ramya, learned counsel for the applicant, submits that the applicant’s ailments do not permit him to travel daily to Nuzvid, which, as per his representation, dt. 02.05.2026 (Annexure A-5), is about 53 km. from Vijayawada, and that the applicant needs to be near a tertiary care hospital. She emphasizes that the applicant’s medical leave should be decided first, before treating his absence as unauthorised.

6. Mrs. T. Manjula, learned Standing Counsel for BSNL, submits, on instructions, that Nuzvid is only about 40 km from Vijayawada, and that the distance is not so great as to prevent the applicant from travelling, and discharging his duties there. She further submits that good medical facilities are available at Nuzvid, and that the applicant, therefore, can have access to necessary treatment, without being posted at Vijayawada.

7. Heard both sides, and perused the pleadings available on record.

8. The applicant has already joined at Nuzvid on 02.05.2026, and the dispute, therefore, is confined to the period from 03.04.2026 to 01.05.2026, during which he did not report for duty. It is seen from the record that the applicant submitted medical leave applications and certificates for this period, but the leave entries are merely marked “Rejected”, without any reasons being recorded. No order is available which shows that the medical material furnished by him was examined, or why it was not accepted, before the period was DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=

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treated as unauthorised absence. At the same time, the medical certificates produced by the applicant are not uniform, and differ on the ailments from which he suffers, the certificate of the chest physician refers to COPD, whereas the AIIMS certificate refers to lumbar spondylosis and diabetic neuropathy. The distance between Vijayawada and Nuzvid is also stated differently by the parties, namely, about 40 km by the respondents, and about 53 km by the applicant. Whether the applicant, in view of his ailments, is able to travel daily to Nuzvid, and work there, and whether the treatment required by him is available at Nuzvid, are essentially medical questions, which can be answered only by medical experts, and not on the strength of mere assertions of the parties.

9. In the circumstances, we are of the view that the ends of justice will be met, if the respondents are directed to constitute an independent Medical Board, comprising specialists in relevant fields. The applicant shall appear before the Board, as and when called upon, and shall produce all his medical records. The Board shall examine the applicant’s medical condition. It shall give its opinion, with reasons, on whether he can travel daily between Vijayawada and Nuzvid, and work there. The Board shall also indicate the medical facilities required for the treatment of his ailments. Respondents shall inquire whether these facilities are available at Nuzvid. A copy of the Board’s report shall be furnished to the applicant, who may submit his response within a reasonable time. After receiving the Board’s report, and completing the inquiry, respondents shall consider the applicant’s leave applications and representations, and pass a reasoned and speaking order on them. The order shall also cover the DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=

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regularisation of the period from 03.04.2026 to 01.05.2026, under the applicable BSNL Leave Rules, and his posting, if the facts so require. This exercise shall be completed within two months from the date of receipt of a copy of this order.

10. The O.A. is, accordingly, disposed of at the admission stage. Pending MAs, if any, stand closed. No order as to costs.

(VARUN SINDHU KUL KAUMUDI) (MANISH GARG) ADMINISTRATIVE MEMBER JUDICIAL MEMBER

/pv/ DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=

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