RISHI PAL SINGH S/O LATE SHRI MANOHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY virtue of this OA, applicant, a Cabinman, has assailed an order passed by the respondents on 23.12.2004 whereby in pursuance of a disciplinary proceeding, a major penalty of compulsorily retirement has been inflicted upon him. Also assailed an appellate authority's order dated 7.3.2005 upholding the punishment as also an order passed on revision on 7.4.2005 where the punishment has been toned down to posting as Shuntman with consequent reduction in pay.

(2.) Though on account of the collusion of goods train, Station Master was also proceeded in a major penalty proceeding but against the applicant, a memorandum of a major penalty under Rule 9 of the Railway Servants (Discipline & Appeal) Rules, 1968 has been issued whereby it is alleged that while posted as Cabinman on 14.2.2004 at Western Cabin from 0 to 8 shift, he had given slot for home signal for Haridawar 'UP' on line No. 10 whereas as the Station Regulation Rule 6.4.2.3 and 3.40/1B, the line should have been ensured to be cleared. A departmental inquiry when proceeded led to a finding of guilt by the inquiry officer on 26.7.2004 wherein it is concluded that as per the Rule 6.4.2.2, the nominated line is to be ensured to be cleared and free from obstinate at their ends of yard and would connote that it is to be ensured beyond the trailing point and accordingly, it is observed that the West Cabin Signalman after ensuring the nominated line is cleared shall release slot for 'UP' goods home signal, which would mean that the line should not only be ensured to be cleared upto point No. 33 but beyond that as well.

(3.) LEARNED Counsel for applicant states that the present is a case of no misconduct and through a chart at Annexure-7, it is shown that whereas the Shuntman was posted in the facing position, applicant was in the trailing position and accordingly, it is stated that the procedure of "Line Admission Book" on clearing the line is sent to the Shunting Master, who will, in turn, nominate as line clear and on verification from the Shuntman, it has to be cleared.