UNION OF INDIA Vs. J JASON JOSEPH

JUDGEMENT

(1.) Leave granted. Heard.

(2.) The Respondent was a Travelling Ticket Inspector in the Southern Railway. In regard to seven charges, as per charge memo dated 19.2.1997, a departmental inquiry was held and the Inquiry Officer submitted an report dated 13.6.2002 holding that the charges were proved (except a part of the charge No. 2). The disciplinary authority accepted the inquiry report and imposed the punishment of dismissal on the Respondent by order dated 26.7.2002. The Respondent filed an appeal and the appellate authority, by order dated 20.2.2003, allowed the appeal of the employee in part. The appellate authority held that only charges 1,6 and 7 were proved and charges 2,3,4 and 5 were not proved. He was of the view that the punishment of dismissal was excessive in respect of the proved charges and, therefore, he set aside the dismissal and imposed the punishment of reduction in rank from TTE in the time scale of Rs. 5000 to 8000 to senior TC in the time scale of 4000 to 6000 for a period of three years (recurring) subject to the condition that the period between the date of dismissal to date of reinstatement shall be treated as period under suspension. The General Manager, in exercise of his revisional power, after giving an opportunity to the Respondent to show cause, revised the order of the Appellate Authority and passed an order dated 8.9.2005 increasing the punishment to dismissal. He held that even in regard to charges 1, 6 and 7 which were held to be proved, the Respondent deserved the punishment of dismissal.

(3.) Feeling aggrieved, the Respondent approached the Central Administrative Tribunal and challenged the punishment. The Tribunal, by order dated 30.5.2007, dismissed the original application filed by the Respondent and confirmed the punishment imposed. However, the subsequent writ petition filed by the Respondent challenging the order of the Tribunal was allowed by the Madras High Court, by the impunged order dated 22.10.2010. The High Court was of the view that the revisional authority was not justified in interfering with the decision of the appellate authority. As a consequence, the High Court set aside the order of the Tribunal and the revisional authority and restored the order of the appellate authority with the consequential benefits of continuity of service, seniority and 25% of the backwages. The said order is challenged in this appeal by special leave.