Periods of absence due to disciplinary actions must be treated as service time for benefits unless justified otherwise.

Hon’ble Mr. Justice Om Prakash VII, Member (J) The present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 with the following reliefs:-

“(i) That this Hon’ble Court may graciously be pleased to quash and set aside the letter dated 22.07.2011 (Annexure A-1).

(ii) That this Hon’ble Court further be pleased to direct the respondents to treat the said period i.e. 15.04.2008 to 22.7.2011 as spent on duty for all purposes including the pay and allowances with all consequential benefits.

(iii) That this Hon’ble Court may further be pleased to pass such other and/or further order as deem fit, proper and necessary in the circumstances of the case.

(iv) Award costs to the applicant”.

2. The brief facts of the case are that the applicant, while working as Enquiry cum Reservation Clerk at Ekram Railway Station, respondent No. 5 issued a major penalty chargesheet (SF-5) dated 23.10.2007. The allegation against the applicant is that he has made reservation on 62 reservation form, which do not contain eligible signature and complete address of applicant, thus, applicant made reservation ignoring the Rules and as such applicant has violated Rule 3.1 (i) (ii) (iii) of the Railway Conduct Rules. Against the aforesaid chargesheet, applicant submitted his defence statement dated 14.08.2006. Vide order dated 30.10.2007, Inquiry Officer was appointed, who submitted his report vide letter dated 14.02.2008. In response to above enquiry report, respondent No. 5 vide his order dated 10.03.2008 issued a show cause notice to the applicant along with enquiry report. On the basis of enquiry report, Respondent No.5/Disciplinary Authority imposed upon the applicant penalty of compulsory retirement vide order dated 15.04.2008. Applicant submitted appeal against the penalty order, which was considered by the Appellate Authority and found the penalty of compulsory retirement awarded by Disciplinary Authority just and no interference was made in the penalty order. Aggrieved against the orders of Disciplinary Authority as well as Appellate Authority, applicant approached this Tribunal by filing OA No. 763 of 2008.

After hearing both the parties, the Tribunal allowed the OA vide order dated 19.05.2011 and order of the Appellate Authority was quashed. Appellate Authority was also directed to reconsider the case of the applicant with reference to quantum of punishment imposed upon the applicant. In compliance of direction of the Tribunal passed in OA No.763 of 2008, the Appellate Authority modified the order of punishment from compulsory retirement into reduction of minimum pay scale of Rs. 4500-7000 (revised pay scale of Rs. 5200-20200) Grade Pay Rs. 2800/- for three years with cumulative effect and the period of their being out of service was directed to be considered as ‘Dies-non.

3. We have heard Shri Dharmendra Tiwari, learned counsel for the applicants and Shri Dharm Raj Pal, learned counsel for the respondents and perused the record.

4. Submission of the learned counsel for the applicant is that initially applicant was issued major penalty chargesheet by which he was punished for compulsory retirement. Applicant submitted his appeal on the penalty of compulsory retirement. Learned counsel further submitted that Appellate Authority while considering the appeal of the applicant has found no merit and order of the disciplinary authority has been confirmed. Learned counsel for the applicant also submitted that aggrieved against the order of appellate authority, applicant filed OA No. 763 of 2008 before this Tribunal which was allowed by order dated 19.05.2011 directing the appellate authority to decide appeal afresh on the point of quantum of punishment. Learned counsel for the applicant contended that the penalty of compulsory retirement was converted into reduction of pay scale with cumulative effect. Learned counsel also submitted that while converting the punishment of compulsory retirement into the punishment as d