Reserved CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Review Application No.200/00029/2024 (in OA 188/2015)

Jabalpur, this Wednesday, the 21^st day of January, 2026 HON’BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER Ram Kumar Saxena, Sto Shri Durgesh Saxena, Aged about 56 years, Occupation-retired Junior Clerk under Chief Signal and Telecom Engineer, R/o V/3, Priyadarshini Nilayam, near Tilak Nagar, Habibganj, Bhopal M.P. 462039 -Applicant (By Advocate –Shri Dharmanshu Singh through VC)

V e r s u s

1. Union of India Through its General Manager, South East Central Railway. Zonal H.Q. Central Railway, Bilaspur (C.G.), Pincode-495004

2. The Signal Chief Telecommunication & Engineer, (Revisional Authority) South East Central Railway, 2nd Floor, SECR Zonal H.Q.

Building, Bilaspur (C.G.), Pincode-495004

3. The Deputy Chief Signal & Telecommunication Engineer, (Appellate Authority) 2nd Floor, SECR, Zonal Head Quarter Building, Bilaspur (C.G.) Pincode 495004

4. The Executive Officer to Chief Signal & Telecommunication Engineer & Disciplinary Authority South East Central Railway, 2nd Floor, SECR Zonal H.Q. Building, Bilaspur (C.G.), Pincode-495004 - Respondents (By Advocate –Shri P.K.Chourasia)

O R D E R BY JUSTICE AKHIL KUMAR SRIVASTAVA, JM:-

The applicant by way of present Review Application seeking review of the order dated 08.07.2024 passed in O.A. No. 188/2015.

2. The brief facts of the case is that the applicant was initially appointed as T.C.M. Grade-III in Scale of Rs.950-1500 (RPS) vide appointment order dated posted 24.09.1992. Thereafter the applicant was reverted to the post of Jr. Clerk cum typist in scale of Rs.3050-4590 (RSRP) by approval from the Competent Authority' vide order dated 25.02.2004. The competent authority as indicated in the first line of order dated 25.02.2004 (Annexure-A/2 of O.A.) is the respondent No.1-General Manager, SECR, Bilaspur. The respondent No. 4 Executive Officer to CSTE despite being significantly junior to the appointing authority of applicant i.e. respondent no.1 i.e. the G.M. SECR, Bilaspur had issued the memorandum of charges (Annexure-A/4 in the O.A.) and in pursuance of the same the penalty order dated 20.06.2008 was issued by respondent No.4, who was not competent because the appointing authority of the applicant on face of record as evident from the letter dated 17.06.2013 (Annexure-A/3) and perusal of the copy of service record filed as Annexure-RJ/1 of the rejoinder also validates that the appointing authority Ο.Α. No.200/00188/2015 has dismissed the O.A. without ascertaining the fact that the disciplinary authority i.e. EO to CSTE i.e. respondent No.4 was incompetent to issue the penalty order because the appointing authority of the applicant is evidently the General Manager, SECR, BSP and since there is an error apparent on face of record, the present application deserves to be considered.

3. The respondents have filed their reply wherein they have contended that the applicant was selected for the post of TCM Grade III/Level 2 (Technical Category) in the pay scale of Rs.950-1500/- by the Railway Recruitment Board, Bhopal. After appointment, he was posted in the Railway Electrification, Bilaspur on 24.09.1992. The Applicant while working as TCM Grade-II/Level 4 submitted an application on 06.04.2009 to the General Manager, South East Central Railway, Bilaspur for change of his category.). The request of the applicant for change of category was considered by the competent authority i.e. the General Manager and the Applicant working as TCM Grade-II/Level 4 was transferred and posted in Zonal HQ's Office under CSTE, SECR, Bilaspur as Jr. Clerk cum Typist/Level-2 on reversion in lower grade on bottom seniority and change of category from technical to non-technical category vide Office Order dated 25.2.2004 (Annexure RA/2). The General service record of the applicant and the applicant was posted as Jr. Clerk cum Typist on rev