RAM PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner was initially appointed as Loco Cleaner in the Northern Railway and was thereafter promoted as Foreman Grade-III w.e.f. 21.8.1976. Further promotions are to the post of Shunter and Driver respectively. THE Petitioner has been promoted to these posts as well. However, these promotions were from earlier dates than the dates from which these promotions were granted to the posts by the Respondent. THE dispute qua the dates had arisen in the following backdrop.

(2.) WHEN the Petitioner was working as Foreman Grade-A he was served with a Memo of Charge for major penalty proceedings and enquiry was held which resulted in imposition of punishment of removal from service vide order dated 20.01.1986. Challenging that order, the Petitioner preferred O.A.1669/87 before the Principle Bench, CAT, New Delhi. This O.A. was allowed by the learned Tribunal inter alia on the ground that the Appellate Authority while confirming the penalty had not passed a reasoned order based on the material on record and had also taken into consideration the facts which were not on record. While setting aside the order of the Appellate Authority dated 8th July, 1986 the order of the Disciplinary Authority, which was merged in the order of the Appellate Authority was also set aside. Following directions were given permitting the Respondents to proceed with the enquiry:-

(3.) THE Disciplinary Authority considered the matter again and vide orders dated April, 1995 imposed a penalty of withholding of increments of the Petitioner for a period of two years without postponing his future increments. This order was confirmed by the Appellate Authority as well. So far the result of the aforesaid Departmental Enquiry was that it resulted in imposition of minor penalty.