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P.NAVEEN RAO, P.SREE SUDHA
Union of India, rep. by its General Manager, South Central Railway, Now South Western Railway, Hubli – Appellant
Versus
Y. R. Gettiyawar, s/o. Ramappa – Respondent
ORDER:
P.Naveen Rao, J.
The parties are referred to as arrayed before the Central Administrative Tribunal.
2. Heard Mr. Siva learned counsel for the applicant and the Mr.P.Bhaskar learned standing counsel for Railways.
3. Applicant joins service as Ticket Collector and earned promotions as Travelling Ticket Examiner, Head Travelling Ticket Examiner (HTTE), and Travelling Ticket Inspector (TTI). The scale of pay of HTTE was Rs.5000-8000/- and scale of pay of Travelling Ticket Examiner was Rs. 5500-9000/-.
4. On the allegation of committing misconduct while working as HTTE, disciplinary proceedings were initiated against the applicant. First charge memo was issued on 3/11.03.1988 and on 8/14.09.1988 revised charge memo was issued containing three charges. The substance of the allegation of first charge is, deliberately with an intention to mislead the gullible public, applicant allowed two passengers, by name, V.S.Kulkarni and P.K.Kurlarni in S-4 compartment by collecting an amount of Rs. 50/- from them, not issuing receipts with an intention to appropriate the money for his personal use. The allegation in second charge is, though he produced correctly the private and railway cash in the
If two employees are alleged to have committed delinquency forming part of Article-III, but only one employee is proceeded and visited with a grave punishment, whereas another employee is let off, th....
Disciplinary proceedings must follow statutory procedures, and penalties can be upheld unless found arbitrary or in violation of principles of natural justice.
The main legal point established in the judgment is the court's exercise of equity jurisdiction to conclude prolonged litigation and prescribe appropriate punishment in exceptional circumstances.
The main legal point established is that the punishment imposed on a delinquent employee must be proportionate to the misconduct, and the principles of natural justice must be adhered to. The court a....
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