RBE No. 57/1992: Inquiry Report – Supply of Copy
No.E(D&A)87 RG6-151, dated
Sub: Rule 10 of the Railway Servants (Discipline and Appeal) Rules, 1968 – Supply of copy of the Inquiry Report to the charged Railway Servant before final orders are passed by the Disciplinary Authority.
1. Attention is invited to Board’s letter of even No. dated 27.03.1992 (RBE No. 48/1992) on the above subject.
2. The Central Administrative Tribunal, Principal Bench, New Delhi, have since delivered a judgment on 10.03.1992 in OA No.980/1989 filed by one Shri Girdhari Lal of Northern Railway para 7 of the judgment dated 10.03.1992 is reproduced below, which is self explanatory.
“In the present case, the grievance of the applicant is that he should be given the benefit of the judgment delivered 1987 in T.A.319/1985. The applicant was not in service on the date of judgment, i.e., in 1987. He had already retired in 1982. The grievance of the applicant is that there was a wrong calculation of seniority in his case and the applicant of T.A.319/1985 were junior to him and they have been given the benefit of interpolation in the earlier Panels for the post of Assistant Superintendent and Superintendents in terms of the Memo issued by Northern Railway Headquarters on 31.08.1988 (Annexure-A1), but all these persons named therein, i.e. 1 to 15 were already in service. Many more like the applicant have retired earlier and also in the later years than the applicant. If the applicant is interpolated, then all those persons, who have retired since that date, if not of an earlier period, have to be interpolated and what was the position of respective juniors at that point of time, cannot be visualized in the year 1988. This will involve a process which cannot be practical. There is no law which allows a subsequent declaration of law to be applied retrospectively. Even in the case of UOI v. Ramzan Khan, [1991 (1) SLJ 196], the law laid down by the Hon’ble Supreme Court as per para 17 of the judgment has been applied respectively and this has been further clarified by the Hon’ble Supreme Court in the case of S.P. Viswanathan v. UOI (Writ Petition No.145/1989) decided on March 6, 1991, laying down the law that the ratio of UOI v. Ramzan Khan will apply after the delivery of the judgment i.e. from November 20, 1990.”
3. The above-mentioned judgment along with the judgment dated 06.03.1991 of Supreme Court referred to in Board’s letter of even No. dated 27.03.1992 may be made use of in contesting the cases before CAT Benches.
Download Railway Board Circular RBE No. 57/1992
Forward reference ⇒ RBE No.