Chhattisgarh High Court Overturns Railway Servant's Demotion to Original Rank

Court Rules Reversion Must Only Be to Immediate Lower Post Held Before Promotion

In a significant ruling, the Chhattisgarh High Court has set aside the demotion of a railway servant, C.C.S. Rao, from the post of Junior Engineer (Electrical) to Technician Grade-III, directing instead that he should be reverted to the position of Master Craftsman, which he held immediately before his promotion. The division bench comprising Justices Sanjay K. Agrawal and Radhakishan Agrawal deemed the original reversion beyond the permissible scope of disciplinary action as outlined in the Railway Servants (Discipline & Appeal) Rules, 1968.

The case arose from disciplinary proceedings against Rao for unauthorized absence, initially resulting in his removal from service. This was mitigated by the Appellate Authority to demotion to Technician Grade-III. Rao's appeals were dismissed by the Central Administrative Tribunal and Revisional Authority, prompting him to seek relief from the High Court.

The court examined Rule 6(vi) of the 1968 Rules and related Supreme Court precedents, emphasizing that demotion must not go below the post immediately prior to the promotion. The decision aligns with the Supreme Court judgments in Hussain Sasan Saheb Kaladgi v. State of Maharashtra and Nyadar Singh v. Union of India, reinforcing that a promotee can only be reverted to the immediate lower post held before promotion.

The ruling mandates Rao’s reversion to the Master Craftsman post for one year, with additional terms from the Revisional Authority remaining intact, granting him any consequential benefits.

Bottom Line:

Reduction in rank of a railway servant must revert the employee to the immediate lower post they held before promotion, and not below the post from which they were directly recruited.

Statutory provision(s): Railway Servants (Discipline & Appeal) Rules, 1968 Rule 6(vi)

C.C.S. Rao v. Union of India, (Chhattisgarh)(DB) : Law Finder Doc Id # 2795035