Compounded penalty combining Rule 6(v) & (vi) of RS(D&A) Rules impermissible; appellate authority must impose single prescribed major penalty on reconsideration; dies-non upheld.

ORDER

Per : Hon’ble Shri Lok Ranjan, Member (A)

This Original Application is made by the Applicantagainst the impugned appellate order dated 06.06.2013 issued by the Respondent No.3, i.e. the Appellate Authority (A.A.),vide which the punishment of compulsory retirement awarded to the Applicantpreviously vide the impugned Notice for Imposition of Penalty (N.I.P.) dated 05.10.2012 of the Respondent No.4, i.e. the Disciplinary Authority (D.A.) had been modified – from compulsory retirement to reversion from the post of Senior Assistant Loco Pilot (Sr. ALP) in Pay Band Rs.(5200-20200)/- with Grade Pay Rs.2400/- to the post of ALP in Pay Band of Rs.(5200- 20200)/- with GP Rs.1900/-, at the stage of minimum pay for four years, with cumulative effect and with the loss of seniority ; and further also against the period from the Applicant’s compulsory retirement to his reinstatement being treated as Dies-Non.

2. Based on the pleadings of the parties on records of the case, the relevant matrix of facts had emerged to be as follows, briefly. The Applicanthad joined the Respondent Department, West Central Railway (W.C.R.) on 01.11.2006 as ALP [Pay Band Rs.(5200-20200)/-, GP Rs.1900/-] and was posted in Jaipur Division. He had been allowed mutual transfer to Kota Division in 2009 ; and had further been promoted as Sr. ALP w.e.f. 10.05.2010 [Pay Band Rs.(5200-20200)/-, GP Rs.2400/-]. While he was on duty as Sr. ALP on 02.07.2012from Kota to Sawai Madhopur on Train No.59805, the said train while reaching Gangapur City station had crossed the Red home signal and had stopped 91.5 m thereafter. The matter regarding crossing of Red home signal was preliminarily gone into through Joint Enquiry Committee (JEC) consisting of three Junior Administrative Grade (JAG) Officers, which had concluded vide its Report inter alia – that the main reason for the Train No.59805 having overshot the Red home signal at Gangapur City was over-speeding and delayed application of brake by the Train Driver/LP as well as the non- action by the Assistant Driver during such over-speeding ; and that the LP, one Raja Ram and the ALP, the Applicant were primarily responsible for the same.

3. Subsequently, the charge-Memo dated 16.07.2012 was issued by Respondent No.5, i.e. the Assistant Divisional Electrical Engineer (ADEE) Kota, under Rule-9 of the Railway Servants (Discipline & Appeal) Rules, 1968 [the RS(D&A) Rules-1968] for initiating major penalty proceedings against the Applicant/Charged Officer for negligence in performance of assigned duty. The said charge-Memo had included one Article of charge, relating to failure to control the Train No.59805 as per the displayed signals, due to which the Red home signal at Gangapur City was overshot by 91.5 m, which could even have caused a major accident. Later vide Order dated 30.07.2012, the Inquiry Officer (I.O.) had been appointed to conduct the departmental inquiry, and after allowing the defense assistant to the Applicant/CO, the I.O. had eventually conducted the inquiry between 04.08.2012 and 05.09.2012 ; and the final representation dated 08.09.2012 of the Applicant/CO had also been obtained. The I.O. had submitted the Inquiry Report dated 15.09.2012, holding thereby that the charge brought against the Applicant/CO was fully proved.The said Inquiry Report dated 15.09.2012 had been shared by the ADEE Kota with the Applicant/CO for hi