UNION OF INDIA Vs. ARJUN SINGH

JUDGEMENT

(1.) The respondent joined the office of the Assistant Controller of Stores, Northern Railway, Locomotive Workshop, Putlighar, Amritsar on 15/12/19622. He was subsequently promoted as Clerk/material Clerk. On 30/3/19833, he was provisionally promoted as a Senior Clerk. While he was officiating as a Senior Clerk, he received an order of reversion dated 30-10- 1984 reverting him to his substantive post. This order of reversion was challenged by the respondent by filing a suit which was subsequently transferred to the central Administrative tribunal. By the impugned order of 15/4/1987, the tribunal has set aside the order of reversion. The present appeal is from the impugned order of the tribunal dated 15/4/1987.

(2.) Under the Railway Servants (Discipline and Appeal) Rules, 1968 , Rule 6 deals with penalties. The first part of Rule 6 deals with minor penalties and the second part deals with major penalties. The Explanation to Rule 6 provides, inter alia, as follows:

(3.) In the present case, the respondent has been reverted on the ground of his unsatisfactory performance in the higher post.