UOI & ORS. Vs. JWALA PRASAD

JUDGEMENT

(1.) THE petitioner, Union of India through General Manager, Northern Railway and Ors. has impugned the order dated 27th July, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 975/2008 titled as Sh. Jwala Prasad Vs. Union of India through General Manager and Ors., allowing the Original Application of the respondent and treating the period from 29th July, 2002 to 23rd October, 2003 as a period spent on duty for all purposes including pay and allowances.

(2.) ON account of a train accident, minor penalty was imposed upon the respondent which was later on enhanced to compulsory retirement, which was challenged by the respondent by filing an appeal and thereafter a revision.

(3.) THE respondent had challenged the order dated 23rd October, 2003, directing treating the intervening period as leave without pay being in violation of a Statutory Rule on the ground that the responsibility for the accident was only on both the Cabin ASMs, who have been punished with removal from service in July, 2002, which punishment was also reduced. In the circumstances, it was contended that treating the intervening period as leave without pay could not be imposed.