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Judgment
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):
The present Review Application has been filed seeking review of the order dated 29.06.2026 passed by this Tribunal, whereby the inquiry report dated 20.11.2012, the punishment order dated 21.03.2013, and the consequential appellate and revisional orders were quashed and set aside, with a direction to treat the applicant as continuing in service till the date of his normal superannuation and to grant consequential service and monetary benefits, subject to adjustment of the pensionary and retiral dues already paid to him. The review applicants contend that the Tribunal erred in granting consequential benefits without leaving the determination of the intervening period to the competent authority in accordance with the applicable rules. They further contend that procedural irregularities do not vitiate disciplinary proceedings unless prejudice is established and that the scope of judicial review in disciplinary matters is limited.
We have heard the learned counsel for the parties and carefully considered the grounds raised by the respondents in the present Review Application.
It is evident that, while quashing and setting aside the inquiry report dated 20.11.2012, the punishment order dated 21.03.2013, and the consequential appellate and revisional orders, the Tribunal directed the respondents to treat the applicant as continuing in service till the date of his normal superannuation, i.e. 31.07.2024, for all consequential purposes and to grant him consequential service and monetary benefits in accordance with law, after adjustment of the pensionary and retiral dues already paid to him. The order dated 29.06.2026 also granted liberty to the respondents to proceed afresh against the applicant from the stage at which the inquiry stood vitiated, subject to compliance with the principles of natural justice and the provisions of the Railway Servants (Discipline & Appeal) Rules, 1968. The review applicants have contended that the question of treatment of the intervening period from the date of compulsory retirement till the date of normal superannuation ought to be determined by the competent authority in accordance with the applicable rules and the outcome of the departmental proceedings, if resumed.
We find merit in the submission that the question of treatment of the intervening period and the consequential service and monetary benefits requires consideration in the light of the applicable rules and the facts and circumstances of the case. It is pertinent to note that considerable time was consumed not only in the issuance of the charge-sheet but also in the conclusion of the disciplinary proceedings, thereby causing prolonged hardship and prejudice to the applicant. The applicant has already attained the age of superannuation; however, for the purposes of service continuity, he is required to be treated as having continued in service till the date of his normal superannuation, i.e. 31.07.2024. Having regard to the facts and circumstances of the case, we are of the considered view that the intervening period shall be treated as “no work, no pay”, and the applicant shall not be entitled to salary for the said period. His continuity in service till the date of normal superannuation shall, however, be maintained for the purposes of determining his consequential service and retiral benefits in accordance with law.
In view of the foregoing discussion, the Review Application is allowed to the limited extent indicated herein. The sentence contained in the order dated 29.06.2026, namely, “However, it shall be open to the respondents, if so advised, to proceed afresh against the applicant from the stage at which the inquiry stood vitiated, strictly in accordance with law and after complying with the principles of natural justice and the provisions of the Railway Servants (Discipline & Appeal) Rules, 1968”, is deleted.
The order dated 29.06.2026 shall accordingly stand modified to the extent that the applicant shall be treated as having continued in service till the date of his normal superannuation, i.e. 31.07.2024, for the purposes of continuity of service and determination of his admissible consequential service and retiral benefits. However, the period from the date of compulsory retirement till 31.07.2024 shall be treated as “no work, no pay”, and the applicant shall not be entitled to salary for the said period. The respondents shall re-compute the admissible consequential service and retiral benefits in accordance with the applicable rules, after adjusting the pensionary and retiral dues already paid to the applicant. The issue of fresh disciplinary proceedings shall stand governed by the deletion directed in paragraph 5 above. All other directions contained in the order dated 29.06.2026 shall remain undisturbed.