UNION OF INDIA Vs. RISHIPAL SINGH MANOHAR SINGH

JUDGEMENT

(1.) THE Petitioner is aggrieved by a judgment and order dated 13th October, 2006 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 2900 of 2005.

(2.) THE Respondent was working as a West Cabin Signalman with the Railways. It appears that there was a collision involving a goods train. The Station master, the Shunting Master as well as the Respondent were departmentally proceeded against for the mishap.

(3.) IN so far as the Respondent is concerned, the view taken by the departmental enquiry officer was that on an interpretation of Rule 6. 4. 2. 2 of the Station Regulations, the Respondent was obliged to ensure that the nominated line is cleared not only upto Point No. 33 (as contended by the Respondent) but beyond that as well. Since he had failed to satisfactorily perform his duties, the enquiry officer found the Respondent guilty of the charges made against him. The disciplinary authority accepted the view of the enquiry officer and imposed a penalty of compulsory retirement from service. The appellate authority upheld the view of the disciplinary authority but in revision, the punishment awarded to the Respondent was that of reduction in pay.