Alexander Pal Singh Vs. Divisional Operating Superintendent and ors. - Court Judgment

Excerpt:
- [ a.p. sen and; s. natarajan, jj.] -- service law — dismissal — whether punishment, on facts, excessive — negligence amounting to misconduct in not reporting to government hospital for treatment and instead submitting certificate of private doctor — dismissal on ground of -- mr kacker, learned counsel for the appellant does not press ground 7 but confines his submission to ground 8 relating to the quantum of punishment. allahabad dismissing the appeal preferred by the appellant as also the impugned order passed by the divisional operating superintendent, allahabad, directing the removal of the appellant from service.a.p. sen and; s. natarajan, jj.1. notice in the special leave petition was confined to grounds 7 and 8. special leave granted. arguments heard.2. mr kacker, learned counsel for the appellant does not press ground 7 but confines his submission to ground 8 relating to the quantum of punishment. he submits that the appellant at the very threshold of his life has been visited with the major punishment of removal from service for no act of misconduct involving moral turpitude but for his remissness or failure in not reporting to the railway hospital and obtaining the requisite medical certificate from the railway doctor during his period of sickness from february 1, 1982 to june 2, 1982. mr vikram mahajan, learned counsel appearing for the respondents leaves the question of punishment to the court.3. this is not a case where the appellant has been found guilty of any act involving moral turpitude but the appellant has been punished for his negligence amounting to misconduct in not reporting to the railway hospital for treatment. while we cannot absolve the appellant for not reporting sick at the railway hospital but undergoing treatment of private doctors according to whose certificate he was suffering from typhoid and hepatitis, we think the ends of justice will be served by imposing a lesser punishment, namely, withholding of two increments with cumulative effect for a period of three years and in consequences loss of seniority.4. we accordingly, set aside the judgment and order of the high court and the order passed by the senior divisional operating superintendent, northern railway. allahabad dismissing the appeal preferred by the appellant as also the impugned order passed by the divisional operating superintendent, allahabad, directing the removal of the appellant from service. for his action of misconduct, we direct the imposition of the minor punishment on the appellant of withholding his two increments with cumulative effect for a period of three years. we further direct that the appellant shall be reinstated in service without any back wages or allowances from the date of removal till the date of reinstatement. there shall however be no break in continuity of service for all purposes except loss of seniority for the aforesaid period of three years.5. the appeal is disposed of accordingly. no costs.