CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Original Application No. 180/00899/2016 Friday, this the 29th day of August, 2025.

CORAM:

HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER HON'BLE Mrs. V. RAMA MATHEW, ADMINISTRATIVE MEMBER K.S. Sabu, aged 52 years, S/o Surendran, Keyman, Vayalar, Southern Railway, Residing at Kochuthara House, Pattanakkad P.O, Alappuzha – 688 531. -Applicant [By Advocate : Mr. Martin G Thottan]

V e r s u s

1. Union of India represented by General Manager, Southern Railway, Park Town, Chennai- 600 003. 2. Senior Divisonal Engineer/ Co- ordination, Southern Railway, Trivandrum – 695 014.

3. Divisional Engineer/South, Southern Railway, Trivandrum – 695 014.

4. Assistant Divisonal Engineer, Southern Railway, Quilon – 691 001. -Respondents [By Advocate : Mr. V.A Shaji, ACGSC]

The Original Application having been heard on 25.07.2025, the Tribunal on 29.08.2025 delivered the following:

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O R D E R

Justice K. Haripal, Judicial Member On 21.02.2013 the applicant was the Gate Keeper at Level Crossing Gate No. 24 at KM 25/400-500 between Thuravur and Vayalar Railway Stations of the Southern Railway. According to him, on getting information about the passage of train No. 53380 through his gate, he had begun closing the gate against road traffic. But, while doing so, the wire rope slipped, and the gate could not be closed, hence, the train stopped for a while for resetting the wire rope and to close the gate. No untoward incident had happened due to it. The applicant informed the matter to all concerned. Soon the Permanent Way Supervisor, Vinod came to the gate, made oral enquiry about the incident and left after satisfying that the gate was alright.

2. According to the applicant, later he was served with Annexure A-1 Memorandum for initiating major penalty proceedings under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968, (hereinafter referred to as the Rules) with the following allegations :

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02 SHE Articles-I “Sri K.S. Sabu, RGGK/VAY while working as GK at L.C. No. 24 @ KM 25/400-500 has committed serious dereliction to duty in that he has not closed the gate against road traffic even after exchanging PN to SM/TUVR. Thus resulted the stoppage of train No. 53380 of 21/2/2013. He has thus violated para 16.03 (iii) (a) (iii) (1) of GRS and he has violated Rule 3 (1), (ii)

& (iii) of Railway Services (Conduct) Rulcs 1966.”

3. The applicant denied the charge and thereafter, Sri Thomas Mathew, Senior Section Engineer, Permanent Way, Quilon was appointed as the Inquiry Officer. He conducted inquiry and filed Annexure A -3 report on 04.01.2014. The Inquiry Officer found him guilty of the charge, that he did not follow the Gate Working Rule, he had violated para 16.03(iii)(a), (iii)1 of GRS and violated Rule 3(1)(ii)&(iii) of Railway Service (Conduct) Rules 1966. On that basis, after getting the copy of the report, he gave Annexure A-4 representation on 24.01.2014. By Annexure A-5 penalty advice dated 20.08.2014, the 4^th respondent imposed the punishment of compulsory retirement with immediate effect. Against Annexure A-5 order, he gave Annexure A-6 appeal on 02.06.2014. By Annexure A-7 order of the Appellate Authority, the 3^rd respondent, the punishment was modified and A X

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02 SHE his pay of Rs 6090 +GP 1800/- in the scale of 5200-20200+GP1800 was reduced to Rs. 5200+GP1800 for a period of 3 years which will have the effect of postponing future increment of his pay. It is further stated that the intervening period of the date of removal from service to the date of joining back for duty will not be counted for service benefits. Against Annexure A-7 order he filed Annexure A-8 revision but that has been rejected confirming the Annexure A-7 appellate order.

` 4. Aggrieved by the same, the applicant has approached this Tribunal for a declaration that the disciplinary action taken against him is contrary to the Rules, unjust, illegal and without jurisdiction and for quashing the pen