RBE No. 203/1992: Inquiry Report – Supply of Copy

No.E(D&A)87 RG6-151, dated 02.12.1992

Sub: Rule 10 of the Railway Servants (Discipline & Appeal) Rules, 1986 – Supply of copy of the Inquiry Report to the charged Railway servant before final orders are passed by the Disciplinary Authority.

1.     In continuation to Board’s Circular letters of even No. dated 15.02.1991 (RBE No. 33/1991), 09.04.1992 (RBE No. 57/1992) and dated 27.07.1992 (RBE No. 120/1992) on the above subject, a copy of the order dated 19.10.1992 of the Supreme Court in the matter of Union of India v. A.K. Chatterjee (SLP No.11860 of 1992) is enclosed.

2.     The above mentioned judgment may be made use of in contesting cases of similar nature before CAT Benches.

Supreme Court of India

Civil Appeal No.4523 of 1992

[Arising out of SLP (Civil) No.11860 of 1992]

Union of India & Ors. v. A.K.Chaterjee

ORDER

Delay condoned. Special leave granted.

The Tribunal allowed the application of respondent employee only on the ground that the enquiry report was not furnished to him. For this purpose, the Tribunal relied upon the decision of this court in Union of India v. Mohd. Ramzan Khan [AIR 1991 SC 471] [1991 (1) SLJ 196 (SC)]. Unfortunately, the Tribunal has not noticed the operative part of the judgment in the above case where it is made clear that the law laid down there will apply prospectively. Admittedly, in the present case, the order of dismissal was passed prior to the said decision. Hence the impugned decision of the Tribunal is set aside and the matter is remanded to the Tribunal for decision on merits on other points.

The Appeal is allowed accordingly. There will be no order as to costs. 

Download Railway Board Circular RBE No. 203/1992

Forward reference ⇒ RBE No.