KRISHAN SON OF LATE SHRI SUKHWASI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) PENALTY of reduction in rank from Office Superintendent Grade-I to Assistant Superintendent in grade of Rs. 1600-2660/- from present pay of Rs. 2375-2250/- for a period of two years with cumulative effect inflicted vide order dated 9/12.8.1991, modified vide appellate order dated 31.8.1992 for a period of one year instead of two years, which is maintained by revisional authority order dated 09.2.2004 is challenged in present OA.

(2.) Factual matrix of case is that applicant initially joined as Clerk on 20.7.1963, earned various promotions, lastly as Office Superintendent Grade-I in pay scale of Rs. 700-900/- w.e.f. 01.1.1984. He applied for leave from 01.3.1989 to 10.3.1989, which was duly sanctioned. Later he sought extension of leave from time to time. His daughter in law met with an accident and got burned on 03.1.1989, & ultimately collapsed on 26.3.1989, and thereafter he also fell ill; and his son was arrested. Without intimating any rejection of his request of extension of leave, disciplinary authority issued memorandum dated 14.8.1989 under Rule 9 of Railway Servants (Disciplinary and Appeal) Rules, 1968 alleging the following:

(3.) AFORESAID orders have been impugned in present proceedings. Shri M.L. Sharma along with Sh. H.P. Chakravorty, learned Counsel for applicant raised following contentions: