One employee while working as a Dy CTI (Pay scale Rs. 13450/-) was imposed with the penalty of 'Compulsory retirement' from Railway service. At the time of imposition of the penalty, his grade pay was Rs. 4200/-. He filed Appeal and Revision Petitions before the competent authorities, which were rejected. Thereafter, he moved the judicial fora, which directed the Railway Admn to review the quantum of the penalty, as according to the judicial fora, the penalty imposed was excessive and harsh. On this basis, the Disciplinary Authority denovo examined the quantum of penalty and modified the penalty as 'Reduction to the post of Ticket Examiner (pay fixed at Rs. 5830/-) in Grade Pay Rs. 1800/- for a period of three years, with cumulative effect and loss of seniority'.
The modified penalty contains the following limbs:
a) Reduction to a lower post post (viz. from Dy CTI post to Ticket Examiner post).
b) Basic pay reduced from Rs. 13450/- to Rs. 5830/-
c) Reduction from GP of Rs. 4200/- to Rs. 1800/-
d) Penalty period is Three years.
e) Penalty will have cumulative effect.
f) The employee will lose his seniority.
a) When the penalty period of three years expires, the above employee will be restored to his original position of Dy CTI.
b) When restored, his Basic pay will be only Rs. 13450/- as the penalty is cumulative.
c) He will take his position in the seniority list of Dy CTI from the date the penalty period (3 years) expired as in the penalty advice it has been clearly mentioned that he would lose seniority.
Personnel Department views:
a) When the penalty period of three years expired, the above employee will NOT be restored to his original position of Dy CTI. In other words, after the expiry of the penalty period, he will be placed as Sr Ticket Examiner only.
Request to the esteemed participants:
I request the participants to express their views as to whether my views are correct or the views of the Personnel Department are correct.