(1) THIS appeal by special leave arises from the judgment of the central administrative tribunal, Madras bench in original application no. 750 of 1991. Respondent an employee of the railways was put under suspension and proceedings were drawn up. The disciplinary authority accepted the findings of the inquiry officer and imposed a penalty of compulsory retirement. An appeal being filed, the appellate authority modified the punishment and the order is quoted below:

"... Keeping in view his past service and purely on humanitarian ground, the penalty is modified as one of reduction to a next lower scale viz. Rs. 1200-2040 for a period of eighteen months. His pay is fixed at Rs. 1500/- in scale of Rs. 1200-2040."

(2) AGGRIEVED by the said order, the respondent approached the central administrative tribunal and the tribunal passed the following order:

"(1) The sentence "his pay is fixed at Rs. 1500 in the scale of Rs 1200-2040" in the order dated 16.8.1990 of the appellate authority is struck down. The order of the appellate authority is otherwise upheld."

(3) TO appreciate the contentions of the parties we quote the following relevant rule 6 of the Railway