Currency of major penalty bars promotion eligibility until expiry, even if later modified.

O R D E R

BY JUSTICE AKHIL KUMAR SRIVASTAVA, JM:-

1.The applicant, in this Original Application is praying for the following reliefs:-

“8. Relief Sought:-

8.1 That, the Hon'ble Tribunal be pleased to call for the records of the Applicant from the possession of Respondents and to decide the grievance of the Applicant.

8.2 That, the Hon'ble Tribunal be pleased to allow the OA and please to quash and set aside the final selection vide OM dated 23.8.2022 (A-7) and Revised Result dated 10.11.2022 (A-8) qua the Applicant only in the interest of justice.

8.3 That, the Hon'ble Tribunal be further pleased to pass an Order directing the Respondents to issue corrigendum to the relevant OM (A-7) & Revised Result (A-8) regarding consideration of the Applicant for his promotion to the post of LPG as per Notification No. 79/2022 (A-5) and to treat Applicant's name in the final selection vide OM dated 23.8.2022 (A-7) and Revised Result dated 10.11.2022 (A-8) & to count the Applicant's Seniority as LPG at par with juniors in the interest of justice.

2. The brief facts of the case is that the applicant was appointed as Assistant Loco Pilot in Railways on 26.7.2013 and was promoted as Sr. Assistant Loco Pilot and posted under DLS/Bilaspur. On 13.4.2022 the applicant was on duty and while working in Train No. DSL/NBRS Loco No. 11568/11548 WDM -3D VSKP with another Loco Pilot, on account of his failure to stop the train before UP Home Signal of BHTK i.e, overshooting the Railway Signal, the Applicant was placed under Suspension on 13.4.2022 which was revoked on 06.05.2022 and was issued charge sheet for violation of GR-3.78(1)(a), GR-3.80(1), SR- 4.40.01 and after conducting Departmental Enquiry vide punishment order dated 18.7.2022 he was punished with Removal from service without any compassionate Allowance. The applicant preferred departmental appeal on 28.7.2022 which was promptly considered by the Appellate Authority and vide Speaking Order dated 1.8.2022 the Punishment was modified into Reduction of his Pay to Initial Stage i.e, Rs. 33300/- to 25500/- (as per 7th PC Level-4) for a period of 3 years with postponing the future increment and intervening period from the date of removal to date of joining as dies non (No Work No Pay). A copy of Appellate Authority order dated 1.8.2022 is filed as Annexure A-2. Against the Appellate Authority’s Order, the Applicant prefer a Revision Petition dated 12.09.2022. The Revisionary Authority vide order dated 17.11.2022 further modify the Punishment to "Reduction of his pay to initial stage from Rs. 33,300/- to Rs. 25,500/-(as per 7th CPC) Level-4 for a period of 2 (two) Years. This punishment shall operate to postpone future increment." A copy of the Revisionary Authority Order dated 17.11.2022 is filed as Annexure A-4. In the meantime, a Notification No. 79/2022 dated 18.7.2022 was issued by the respondent No. 2 for departmental selection to 669 posts of Loco Pilot Goods the selection from the feeder post of LPS-I, LPS-II & Sr. ALP on the basis of Review of Service Record and APAR and a list of Eligible candidates was published in which the name of Applicant was at Sr. No. 147. After receiving the eligible and willing candidates, a final eligible list for promotion to the post of LPG was issued in which name of applicant was figured at Sr. No. 123. Vide O.M. dated 23.8.2022 result of suitability test for filling up the posts of LPG was issued wherein the name of applicant at Sr. No. 120 has been shown as un-suitable. The applicant prefer representation dated 16.10.2023 and 8.11.2023 and requested to include his name in the final Revised List for promotion to the LPG, but the r