38 years after a Railway Rakshak was terminated, Supreme Court holds penalty unjustified; directs payment of back wages, retiral benefits

Forty years after a departmental enquiry ruled a reduction in pay for a railway worker who faced allegations of theft, Supreme Court on Thursday ruled the penalty to be unjustified (Laxman Singh v. Union of India). .The Bench of Justices L Nageswara Rao and Ravindra Bhat stated that not only was the termination of his employment incorrect but also his reduction in pay which was the initial penalty imposed on him, was also unjustified.."Having gone through the record and after considering the submissions made on behalf of the appellant and the respondent, we are of the opinion that the penalty of reduction of time scale of Rs.200 for a period of two years with cumulative effect is also unjustified," read the order. .The victim was appointed 'Rakshak' in the Railway Protection Force in 1981. Soon, a package went missing when he was in charge of the godown. An FIR was registered though later the package was found near the fence of the godown.Departmental enquiry was initiated and the worker was found guilty leading to reduction in pay. On appeal, the appellate authority ordered his termination of service in 1983. The High Court single-judge had dismissed his appeal and the Division Bench on appeal set aside his removal from service as it was found to be "disproportionate.".Even though the High Court ordered the employee to be reinstated, the worker had by then reached the age of superannuation..The High Court had found the appellant to be entitled to all retiral benefits in accordance with the Rules. The High Court granted benefits on notional basis till the date of judgment..On appeal, the Supreme Court directed Indian Railways to pay 33 percent of back wages to the appellant with continuity of service."The appellant shall be paid full retiral benefits by treating him to be in continuous employment, by giving notional increments and promotion and benefits based on continuity. These arrears shall be paid in 10 weeks," the Court ordered. .Advocates Aldanish Rein, Maheravish Rein and Shamshravish Rein appeared for the petitioner. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.