- (1.) Heard learned counsel for the parties and perused the record.
(2.) The facts of the case in brief as culled out from the record are that the petitioner was appointed on 26.07.1976 on the post of Junior Clerk (CG-II) in the ministerial cadre in the Railway under the Deputy Controller of Stores, Central Railway, Jhani (now Deputy Controller of Stores, North Central Railway, Jhansi). He was promoted as Senior Clerk (CG-I) in November 1981 and opted for non ministerial side. Thereafter the promotion of the petitioner was due in the pay scale of Rs.1400-2300 Revised Pay Scale for non ministerial Cadre (D.S.K.-III) in the year 1988. At that time he was served with the charge sheet and disciplinary proceedings were initiated against him for the following charges :- (i).Shri A.K. Jaiswal, Senior Clerk while working as a Security Clerk at main gate of Dy. COS/Jhansi, that on 24.11.1987, he in collusion with the contractor Shri Om Prakash Bihari Lal attempt lesser items and quantity of returnable items then due against lot No.36 and manipulated the figures of receipt fradulently for higher receipt. (ii).He altered the entries in the register of Railway Protection Force for returnable items against lot No.36 to indicate exaggerated figues of receipt and also made entries for some items with quantity when there were no receipt at all with a view to defraud railways and gain to private parties. He was apprehended while making these false entries in the register by Shri Om Prakash Sharma, Nayak."
(3.) Due to pendency of inquiry, the name of petitioner was not included in the list of promoted candidates regarding which he moved a representation dated 6.12.1988 before the Deputy Controller of Stores, Jhansi. On conclusion of disciplinary proceeding, an order dated 10.09.1991 was passed imposing "penalty of reduction to two stages lower in the same time scale", hence, his pay was reduced from Rs.1410/- to Rs.1350/- in the revised pay scale of Rs.1200-2040 for the period of two years from the date of order. A further direction was also issued that on the expiry of aforesaid period, the reduction will not have the effect of postponing the future increments.;