- (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: "Explanation.-1.the following shall not amount to a penalty within the meaning of this rule, namely: (I) - (III) * * * (Iv) reversion of a railway servant officiating in higher service, grade or post to a lower service, grade or post, on the ground that he is considered to be unsuitable for such higher service, grade or post, or on any administrative ground unconnected with his conduct;"
(3.) In the present case, the respondent has been reverted on the ground of his unsatisfactory performance in the higher post.;