GYAN DEV PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this Original Application, the Applicant Shri Gyan Dev Prasad has challenged charge sheet dated 13.12.2004, the Inquiry Officer's report communicated to him vide letter dated 31.05.2011, the penalty order dated 05.01.2012, the Appellate Authority's order dated 22.08.2012 and the Revisional Authority's order dated 20.03.2013 on the ground that they are illegal and contrary to the rules.

(2.) BRIEF facts: While the Applicant was posted as Enquiry and Reservation Clerk ('E&RC' for short) at Faridabad Station under the Northern Railway, he was served with Memorandum dated 16.11.2004/13.12.2004 proposing to hold an enquiry against him under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968. The statement of articles of charges framed against him and attached with the said Memorandum was as under :-

(3.) AGAINST the said report, Applicant made his representation dated 15.06.2011 but the Disciplinary Authority passed its order dated 05.01.2012 imposing a penalty of reduction in pay at initial stage in same grade, i.e., 5200-20200+2800 GP for a period of 5 years with cumulative effect. The relevant part of the said order reads as under :-