JUDGMENT
Shankar Prasad, Member (A)
1. Aggrieved by the action of the respondents in ordering recovery from the salary of the applicant without issuing a formal order of punishment the applicant has preferred the present O.A. He has sought for the quashing of the order.
2. The case of the applicant, in brief, is that while he was working as Assistant Goods Clerk Maliya Miyana under the supervision of Station Superintendent, consignments were booked by R.Rs. 773778 to 773784 dated 4/5.12.1997 to Sodepur via. Bhopal, Naini, Mughal-Sarai. They were not dealt with by applicant and he acted under the instructions of Station Superintendent/Chief Goods Clerk. Error advices were received. The applicant was transferred as Goods Guard to Godhra on 10.11.1998. Chief Goods Supervisor, Maliya Miyana vide his letter dated 31.01.1999 informed the applicant that amounts shown in the error side have been taken into debit side and the applicant was advised to acknowledge the same. Sr. D.C.M., Vadodara, vide his letter dated 06.08.1999 has advised D.P.O., Vadodara to effect recovery. A copy of this letter was circulated to concerned persons. C.G.S. Maliya Miyana has endorsed this letter to Station Superintendent, Godhra. The applicant submitted his representation dated 10.08.1999 against this communication, followed by another reminder.
The further case of the applicant is that action for recovery had also been taken against Shri J.M. Parmar for the amount mentioned against his name in the said communication of 06.08.1999. O.A. No. 676/99 filed by the said Shri J.H. Parmar for quashing the order of recovery was allowed. The Special Civil Application filed by the respondent Railway Administration has been dismissed.
The respondent Railway Administration can also take action against the consignor as per Section 83 of the Railway Act, 1989. When that remedy is available, departmental action should not be resorted to
Further reply/rejoinders have been filed.
3. The respondents Railway Administration have raised the preliminary objection that O.A. is barred by limitation.
The respondents Railway Administration in their reply have indicated that the applicant did not compute the freight correctly leading to loss of revenue to the Railway Administration. The relevant circular G.O. 1/97 had been sent in time and the applicant had full knowledge of it. This was a notification under Section 71(1)(b) of Railway Act that these goods shall be booked only by the route specified therein. Due notices were issued to the applicant vide Chief Goods Supervisor’s letter dated 31.01.1999. The recovery was effected from the salary as per Para 2721 of I.R.C.M. Payment of Wages Act permits such recovery. Recovery was started after the orders of Sr. D.C.M. were served on the applicant. Recovery has also been effected from August 1999 to July, 2001.
4. We have heard the learned Counsels.
5. It is the case of the respondent Railway Administration that if a debit is raised by the concerned authorities, they are entitled to recover the same without imposition of penalty under Railway Servants (Discipline & Appeal) Rules. It would accordingly be appropriate to analyze the frame work before deciding this O.A.
6. Chapter II of the Railway Act contains provisions relating to fixation of rates for passenger and freight. Chapter IX of the Railway Act contains provisions relating to carnage of goods. Section 64 provides for execution of a forward note. Section 65 is regarding issuance of Railway Receipt. Section 71 empowers the Central Government to give direction with reference to carriage of certain goods. Sub-clause 1(b) provides for carriage of any goods or class of goods by specified route or routes and at specified rates. Section 83 contains provisions regarding lien for freight or any other sum due and empowers the Railways to auction the goods to recover the amount due.
7. The Indian Railway Conference Association Goods Tariff 41 Part I is in two parts. The second part contains general rules for acceptance, carriage and delivery of goods. It has also been stated that general classification of goods has the authority of Central Government and that this has to be used in local booking over Indian Government Railways and in through booking over all Railways party to association. Chapter I contains general rules. Para 110, Para 125(1)(2) and Note 2 below that para are as follows:
110. Payment of charges–(1) Except in the case of goods for which prepayment of freight is compulsory, all freight charges must be paid either when goods are presented for despatch or at the time of delivery.
(2) Other charges have normally to be paid locally. (3) All Goods are subject to lien not only for the freight, wharfage, demurrage, handling and other charges on the particular goods, but also for any balance which may be otherwise due to the Railway by the owner or consignor or consignee of such goods. If the money in respect of which goods are detained be not paid, they may be sold in the case of perishable goods at once and in the case of other goods, on the expiration of 7 days' notice of the intended auction and the proceeds applied in liquidation or reduction of the amount due and expenses.
125. Routing of goods traffic–(1)(a) The term “shortest route” wherever appearing in this rule, is the shortest route between the forwarding and receiving stations as determined upon the basis of the distance notified by Railways as being the distance for charge. For purposes of determining the shortest route in cases in which break-of-gauge transhipment is involved, each break-of-gauge transhipment is to be reckoned as equivalent to 200 Kilometres.
(b) In the absence of specific instructions in writing from the sender or his authorized agent to the contrary, good will be despatched by the shortest route at the charges by the cheapest route, i.e. the route by which the fright charges are at the lowest.
(c) When a consignment is required to be despatched by the cheapest route, although such route is not the shortest route, the sender or his authorized agent must give written and signed instructions on the Forwarding Note as under :
“To be forwarded via……….at my request.”
The Railway Receipt and its counterfoils must also be endorsed by staff of the forwarding station as under :
“Booked route selected by sender.”
(d) When a consignment is required to be charged and forwarded by other than the shortest route or the cheapest route the sender or his authorized agent must give written and signed instructions on the Forwarding Note as under:
“To be forwarded via…….a dearer route” and the Railway Receipt and its counterfoils must be endorsed by the booking station staff as under :
“Dearer route selected by sender.”
(e) In the event of the shortest route, when also the cheapest being partially or wholly closed for traffic, the correct route for carriage of traffic shall be the next shortest open route at the charges by the next cheapest open route. In such a case, the sender or his authorized agent should give written and signed instructions on the Forwarding Note as under:
“To be charged by the next cheapest open route, the cheapest route via……..being closed.”
The Railway Receipt and its counterfoils must be endorsed by the booking staff as under:
“Charged by next cheapest open route at senders request, the cheapest route via……..being closed; and booked via…”
(f) In the event of the shortest route when not the cheapest being partially and wholly closed for traffic, the goods may be despatched at the next shortest open route at the charges by the cheapest route. In such cases the Railway Receipt and its counterfoils must be endorsed by the Staff of the forwarding station as under:
“Booked via……… the correct route being partially closed/closed.”
(g) In the event of charges being equal by two or more open routes, the sender or his authorized agent may elect to have his goods charged and despatched by any open route and , where the route so selected is not the shortest route, the sender or his authorized agent must give written and signed instructions on the Forwarding Note as under :
“To be forwarded via……. at my request”.
The Railway Receipt and its counterfoils must be endorsed by the staff of the forwarding station as under :
“Booked route selected by sender,”
(h) Notwithstanding anything contained in Rule 125(1)(b), on the Central Government issuing an order under Section 71(1)(b) of the Railways Act, 1989 that goods specified in the order can be carried and charged by a route specified therein or by any of the two alternative routes specified therein, the goods will be chargeable by the specified route or any of the specified alternative routes over which such goods are actually carried, even if it is not the cheapest route.
(2) Where a sender has endorsed a Forwarding Note to the effect that goods should be despatched by a dearer route and the goods are carried by that route, the consignment will be charged at the rate applicable by that route, even though an endorsement to the effect that the dearer route was selected by the sender does not appear on the invoice or is defective.
Note–(2) When the Central Government issues any order under Section 71(1)(b) of the Railways Act, 1989 to carry any goods or class of goods by such route or routes and at such rates as may be specified in the order, the same will apply not withstanding what is stated above.
8. As per the preface of Indian Railway Commercial Manual they contain procedural rules for the conduct of day to day work at stations by commercial staff. It is further indicated that the provisions of this manual do not supersede or alter or substitute the rules and instructions contained in the statutory provisions like Acts, Codes, Rules, Tariffs, etc. The Manual has 31 chapters and is in two volumes.
9.1 Chapter I is the introductory chapter. Paragraph 103 is the definition clause stating that the words have this meaning unless the contrary is evident from the context. The more important sub-sections are:
“(21) “forwarding note” means the document executed under Section 64 of the Railways Act, 1989.
(46) "railway receipt" means the receipt issued under Section 65. (50) "station master" includes Station Superintendent, Goods Superintendent, Inspector/Supervisor, Chief Goods Clerk or any other person incharge of a booking parcels or other offices. (52) "through traffic" means traffic carried over two or more Railways. (53) "traffic" includes rolling stock of every description, as well as passengers and goods." 9.2 Paragraph 104 provides for the duties of commercial staff. Sub-clause (a) reads:
“All members of the commercial staff must make themselves thoroughly conversant with the relevant rules and regulations laid down in the various Tariffs, Codes, Indian Railway Commercial Manual and other manuals, books and circulars issued from time to time by the Railway Administration for the performance of the respective duties.”
9.3 Paragraph 106 provides that lapses of minor nature must be promptly corrected on the spot and serious ones taken up.
9.4 Para 114 provides for maintenance of books of reference. As far as goods traffic is concerned the following is referred to amongst others:
(i) Indian Railway Conference Association Coaching Tariff Part I containing general rules for the conveyance of passengers and the rules, rates and conditions for the conveyance by trains carrying passengers and other coaching traffic such as luggage, parcels, animals, etc.,
(ii) Indian Railway Conference Association Coaching Tariffs Part II and III containing :(a) Passenger fare table (b) rates for parcels traffic and (c) rate tables for certain other descriptions of coaching traffic.”
9.5 Para 117 provides as follows:
“The Station Master and the Supervisor incharge of the booking, luggage, parcels and goods offices are personally responsible to see that the copies of the tariffs in use are kept uptodate by the staff and that all orders and instructions notified from time to lime are understood and correctly carried out by the staff under them.”
10.1 Chapter IX contains provisions relating to booking conveyance and delivery of parcel traffic. Para 904 provides that format of general forwarding note for booking regular traffic is prescribed in I.R.C.A. Coaching traffic. Para 915 refers to different types of parcel way bill. The second proviso reads:
“All parcel way-bill forms are machine numbered with the letter ‘Paid’ prefixed to the number and supplied to stations in bound books to be written by carbon process. The Receipt foil which is given to the owner has a hatching of the issuing Railway on the face of it. It is forwarded by the consignor to the consignee to enable the latter to take delivery of the parcels at destination. The ‘Guard’ foil is handed over to the Guard and accompanies the consignment to destination. The ‘Record’ foil is kept at the station and the ‘Accounts’ foil (in the case of ‘Paid’ way-bills) submitted to the Traffic Accounts Office at the end of the month.”
10.2 Para 917 contains provisions relating to preparation of way bills. Sub-clause (d) provides that remarks regarding selection of dearer route by the sender or his authorized agent should invariably be endorsed on all foils of way bills.
10.3 Para 926 provides for maintenance of separate cash book for outward parcels separately for local traffic and through traffic. Carbon copy of the Cash Book together with Accounts foil have to be sent to Traffic Accounts Office by 2nd of every month. Instructions for maintenance of such register and maintenance/furnishing of accounts are also provided.
10.4 Paragraph 950 provides for checking of inward way bills for both local and through traffic. It provides that rules regarding over charging and under charging of goods traffic contained in Chapter XVIII apply to goods traffic also. Para 955 provides accounts of inward way bill both local and through traffic. Para 962 contains provisions relating to responsibility of receiving stations for undercharges.
“Responsibility of stations for undercharges:
Receiving stations are held responsible for recovery of undercharges on parcels, traffic both local and through, whether ‘Paid’ or ‘To-Pay’, except in the following cases which are debitable to the forwarding station:
(i) Percentage charges due to animals or birds and parcels containing articles; of Part I of Schedule II of the Railways (Extent of Monetary Liability and Prescription of Percentage charge) Rules, 1990.
(ii) Freight on parcels, live-stock and all other traffic carried by passengers or parcel trains on which prepayment of freight is compulsory; (iii) Undercharges of under one rupee in freight pre-paid by a credit note; (iv) Traffic booked and carried in charge of owner.
These exceptions, however, do not relieve the receiving station of the responsibility for checking the way-bills. Undercharges in the excepted items detected at a receiving station, should be reported to the Traffic Accounts Office and the forwarding station. Receiving stations will be held responsible for undercharges which when debited by the Traffic Accounts Office to the forwarding station, are declared to be irrecoverable whenever it transpires that no report was made by the receiving station.”
10.5 Para 966 contains provisions relating to rectification of errors in way bills.
“Procedure for the rectification of errors in issue of way bills–Way-bills should be accounted for as issued and under no circumstances should a way-bill be altered or cancelled after it has been despatched. When it is discovered that a way-bill has been issued by the forwarding station to a wrong destination, or issued with wrong particulars, the procedure prescribed for goods invoices in such cases should be followed (See Chapter XVII).”
11.1 Chapter XIV contains provisions relating to booking of Goods Traffic. Paras 1413 (a), (b), 1438 (a) 1449, 1450, 1451 (c) are as follows:
“1413. Routing of traffic–(a) Instruction regarding routing of traffic including the instructions:
(i) for determination of the shortest route; (ii) (1) as to the remarks to be recorded by the sender or his authorised agent on the forwarding note; and
(2) as to the endorsement to be recorded by the booking staff on the Railway receipt and invoice, when goods are required to be booked by other than the shortest route, are contained in the I.R.C.A. Goods Tariff.
These instructions should be carefully studied and acted upon.
(b) Instructions regarding routing of traffic notified by Railways in their Supplementary Goods Tariffs and/ or Circulars should be carefully noted and acted upon.
1438. Rating of goods–(a) The authority for charging rates is the I.R.C.A Goods Tariff and/or any other local tariff issued by the Railway Administration in force for the time being. Detailed instructions as to the method of ascertaining the rates are given in the I.R.C.A. Goods Tariff.
1449. Collection and accountal of freight, etc., charges–When freight etc., is prepaid, the Station Master or Goods Clerk, who actually receives the amount, should put his dated initials against the ‘Paid’ entries in the forwarding note and enter the amount in the goods cash books.
1450. Any Railway servant, who receives money on account of the Railways and who, with intent to defraud, does not enter it immediately in the cash book or other prescribed record, is liable to be prosecuted,
1451. Grant of receipt foil of invoice to consignors–(c) There should be no undue delay in the issue of Railway receipts to consignors. These must be made over to them on the very day the consignments are accepted for booking or in the case of consignments required to be loaded by the consignors, on the day the consignments are loaded. At large stations, however, where it is not feasible to do so, the Divisional Commercial Superintendent may permit the issue of the Railway receipts not later than the day following the day of acceptance or of loading of the goods, as the case may be.”
11.2 Para 1442-45 contains provisions relating to preparation of invoices. Para 1452 provides for submission of Accounts foils of invoices, etc., to Traffic Accounts Office,
12.1 Chapter XVIII contains provisions relating to delivery, rebooking and diversion of goods. Para 1811 contains provisions relating to responsibility of receiving stations for undercharges. Sub-clauses (a) and (b) are as follows:
“1811. Responsibility of stations for undercharges
(a) Receiving stations are held responsible for recovery of undercharges on goods traffic, both local and through, whether Paid or To-Pay except in the following cases, which are debitable to the forwarding stations:
(i) in all cases where prepayment of freight is compulsory; (ii) undercharges of and under, one rupee in freight paid by credit note; and (iii) percentage charge due on animals, birds and goods containing valuable articles, (b) The above exceptions, however, do not relieve the receiving station of the responsibility for checking the invoices. Undercharges in the excepted items detached at receiving stations should be reported to the Traffic Accounts Office and to the forwarding station. In the event of no such report having been made by the receiving station, it will be held responsible for such undercharges if, when debited by the Traffic Accounts Office to the forwarding stations, they are declared to be irrecoverable." 12.2 Para 1814 contains provisions relating to accountal of inward invoices :
13. Chapter XX contains provisions relating to initial books and returns in connection with goods Traffic. Paras 2008 and 2009 prescribe for maintenance of goods outward book and goods delivery books. Para 2020 provides that Traffic Accounts Office shall send to each station abstracts regarding goods booked to that station in the format prescribed. Paras 2022 and 2033 describes the actions to be taken in different contingencies.
14.1 Chapter XXVII contains provisions relating to Station Outstanding. Para 2701 defines Station Outstandings. Para 2736 provides that freight outstandings arise when waybills invoices have been accounted for but:
(i) The connected parcels/goods though on hand at the station remain undelivered; (ii) The connected parcels/goods have not been received at the station; (iii) The connected parcels/goods have been delivered at the siding but freight charges have not been paid; (iv) The freight charges are to be cleared through certified overcharge sheets, as in the case of errors in issuing the way-bills/invoice; or (v) The freight charges are to be cleared on receipt of reply from the forwarding station in the case of invoices enforced in the goods delivery book on the basis of machine prepared abstracts.
14.2 Para 2703 indicates that debits are raised by Traffic Accounts Office on the basis of returns received in that office or by examination of accounts by Inspector of Station Accounts. Error sheets in the prescribed proforma raising debits against the station have to be issued in six months. They also issue advice on internal check on accounts. Para 2709 reads:
“Every debit or disallowance against a station by the Traffic Accounts Office or cash office, whether arising from error in charging fare or freight short remittance of cash, base coins or other causes, is payable by the person through whose fault it has been incurred. It is, however, the duty of the Station Master that on receiving the advice of internal check, error sheet or any other advice of debit, should thoroughly check the same with the connected initial documents and in case the debit is admitted, to determine by whom the amount is payable. In disputed or doubtful cases, the Traffic/Commercial Inspectors may be consulted”.
14.3 Two possibilities arise. Either the debit is accepted or an objection is raised. In the former case specific provision has been made in respect of staff still working at the same station and those who have been transferred to another station and those who are likely to retire. Para 2721 provides for recovery in such cases. This is the paragraph referred to in the reply and on which the Railway Administration relies for effecting recovery.
14.4 The position in respect of objected debits is briefly as follows:
(a) Para 2712 provides that objection must be clearly stated quoting tariff authority. Para 2714 provides 30 days time for raising the objection. (b) Para 2713 provides that D.C.S. shall also scrutinize the grounds and advice the Accounts Office. Para 2731 provides that in case the Traffic Accounts Office and Outstanding Branch, if any, accept the contentions, the debit will be withdrawn by issuing a credit note. Para 2732 provides that if the same is not acceptable, Station Master will be advised to recover. Para 2732 reads:
“If the grounds of objection to the debit as furnished by the Station Master concerned are not found to be in order, the Traffic Accounts Office, Inspector of Station Accounts or the Outstanding Branch where one exists, will advise the Station Master of the reasons therefor and ask him to realize the debit. If necessary, the Divisional Office will be asked to initiate action in accordance with the procedure laid in the Establishment Code, for imposing a penalty of recovery from the pay of the staff concerned for the pecuniary loss caused to the administration by his negligence or breach of orders. The final orders imposing the penalty will be communicated to the staff concerned in writing and the amount due recovered from his salary.”
15.1 Manual of Station Accounts published in 1959 by Western Railway has the following preface :
“1. This Manual contains instructions for the maintenance of the accounts at stations, out agencies, city booking offices, sidings, lost property offices, local ferry booking offices and Travelling Ticket Examiners. Instructions for the submission of the returns to be sent to the Accounts Department are also contained in this Manual. This Manual supersedes all previous rules and orders on matters dealt with herein except where they are in variance with the State Railway Codes, in which case the rules, procedure and provisions in the State Railway Codes will prevail.
2. The staff at stations, out agencies, etc., are required to make themselves conversant with the rules and instructions contained in this Manual. The station master or clerk-in-charge is responsible to see that this subordinates are thoroughly acquainted with the rules and instructions contained in the Manual, more particularly, such portions as affecting the duties on which each is engaged.”
15.2 This Manual is in five parts–Part III amongst others deals with booking, unloading and delivery of goods traffic. Chapter 8 refers to booking of goods traffic. It contains provisions relating to Booking of goods traffic including invoicing. Detailed provisions regarding invoicing are contained in Paras 820 to 841. Para 820 provides for maintenance of uptodate rate registers by S.M./Goods Clerk. Para 821 provides for form of invoice and Railway Receipt. Para 841 provides that there should be no amendment to invoices after issue. They can be rectified in the circumstances and manner contained in Paras 829 to 832.
15.3 Part V is the miscellaneous chapter. Chapter XX therefor deals with Station Outstandings. It is a short Chapter of 11 paragraph. Para 2001 indicates the various types of Station Outstandings. Para 2002 provides for maintenance of outstanding register and duties of Station Master. Para 2003 contains provisions relating to monthly report of parcels and goods outstanding, which have to be sent to Dy. C.A.O. (TA), Ajmer. Para 2006 refers to adjustment of freight Outstandings on goods or parcels to hand/not to hand.
15.4 Paras 2004, 2005 contain provisions relating to error advice, debits admitted or disputed. The frame-work is as follows :
(a) Stations should punctually submit their returns so that Accounts Office can raise debit in time. Such debits have to be raised in time. (b) The duties are summed up thus :
“Station Masters, Commercial Clerks, Telegraph Signallers, etc., should clearly note that every debit raised by the Dy. CAO (TA), Ajmer and the SAO (FTA), Delhi, Kishenganj on account of error in charges, short remittances, base or counterfeit coins, or any other cause, is payable by the person actually at fault. It is the duty of the Station Master or Head Booking Clerk or Head Luggage Clerk or Chief Goods Clerk to fix responsibility for the debit.”
(c) Working rules are prescribed. On receipt of error advice from Accounts Office, they have to be carefully examined. Debit should not be admitted in respect of staff, who are on leave or have been transferred, unless the Station Master is satisfied of the same from available evidence, relevant record and personal knowledge of the transaction that the debit would be accepted. Procedure in case of admitted debits is indicated,
(d) In case of objections, the grounds of objection, rules of tariff and other necessary details have to be given. It should be submitted to Divisional Commercial Superintendent. They will be examined by Dy. C.A.O. (TA). There are also provisions that Debit Inspectors & Accounts Inspector of the C.C.S. Office and Dy. C.A.O. (TA) will jointly carry out inspections in case of disputed debits. If the debits are still found to be correct, the Station concerned should be advised and debits should be accepted by the Station Staff. One copy of the report should be handed over to Station Master and also to Dy. C.A.O.(TA). On receipt of this, Dy. C.A.O. (TA) will advise Divisional Personnel Officer regarding recovery.
(e) There is another specific provision in Sub-clause (d) of Para 2005. It reads:
“When the debits raised against the station staff involve heavy amounts which cannot be recovered within a reasonable period, special arrangements should be made to have these debits cleared as early as possible by asking the staff concerned to pay in cash in suitable instalments. If the employee is unable to pay the amount in cash, the Divisional Personnel Officer should consider whether the outstanding debits are the result of continued neglect and inefficiency on the part of the employee and the question of his retention in service should be reviewed.”
16. The following conclusions emerge from the foregoing discussions :
The Railway Conference Association Goods Tariff No. 41 contains general provisions for acceptance, Carriage and delivery of goods. There are specific provisions regarding routing of goods traffic by cheapest route and other than the cheapest route on request of the sender. It is further provided that where the Central Government issues an order under Section 71(1)(b) the goods can be booked only by that route.
The Indian Railway Commercial Manual, published by the Railway Board, is a compilation of instructions for employees working in Commercial Department. Commercial staff are expected to be aware of rules, regulations laid down in various Tariffs Codes, Commercial Manual and others. Station Master has been given a very wide definition. It appears that assurance register is being maintained to indicate that commercial staff have noted the contents of orders issued under Section 71(b) or other circulars. Elaborate rules “have been prescribed for preparation of way bills/Railway Receipts, etc. The responsibility for charging correct tariffs at the Station booking the freight/goods and those who are effecting delivery have been provided. Reports/returns, etc., have been prescribed. Dy. C.A.O. (Traffic Accounts) have been given the extremely important role of scrutinizing as to whether there have been undercharges and informing the receiving stations of the fright/goods booked to them. Error advices are sent by this office to various station. The Inspector Station Accounts also carry out the inspections and issue advices. These debits can either be admitted or disputed. In the latter case objections have to be raised within 30 days giving full justifications through the Divisional Commercial Superintendent. In case these objections are accepted, the debit advices are withdrawn by issuing a credit note. If not the reasons for not accepting have to be communicated. What if the concerned employee still does not accept? Para 2732 referred to in Para 14.4(b) above may be seen.
The Manual of Station Accounts, Western Railway, further provides that in case Chief Commercial Superintendents also supports the objection a joint enquiry will be held. It further provides that debits cannot be accepted in case of transferred staff/staff on leave. It also provides for action against concerned staff for heavy outstandings. Para 2005 (d) referred to in Para 15.4(e) above refers.
17.1 The following flow chart sums up the position :
Submission of documents to Traffic Accounts Office
|
|
Scrutiny and issue of Error Advice, if any.
|
|
Errpr Advice
|
|
——————————————————————–
| |
If disputed, reply to be If accepted enter in Right
Submitted in 30 days Hand side of Debit Register
through proper channel and recover.
|
----------------------------------------------------------------
| |
Reply accepted Reply not accepted
Issuance of Credit |
Note to adjust Debit |
Entry. |
|
---------------------------------------------------------------------------
| |
Employee still If employee accepts
Disputes. Transfer from Left Hnad
Side to Right Hand Side of
Debit Register and recovers.
I.R.C.M./Manual of Station Accounts (WR) provide that if concerned employee is transferred, comments will not be sent by the Station where the employee worked earlier. Manual of Station Accounts also provide for joint verification by staff of Chief Commercial Superintendent/Traffic Accounts Office. There is no specific provision in I.R.C.M. I.R.C.M. defines Station Master to include Chief Goods Clerk, etc.
18. It is clear from the above that an employee has a right to represent against the error advice within 30 days. In case the same is not accepted, reasons have to be communicated. What happens when the employee still disputes. Para 2721 cannot apply as this is not an admitted debit. Para 2732 referred to in Para 14.4(b) above shall apply. It requires passing of an order imposing a specific penalty of recovery.
19. We further note that explanation below Rule 6 of Railway Servants (Discipline & Appeal) Rules lists nine types of orders which do not amount to penalty within the meaning of Railway Servants (D & A) Rules. Recovery on account of rejection of reply to error note is not listed amongst these. Preface to I.R.C.M. itself indicates that they do not supersede, alter or substitute rules and instructions contained in statutory provisions.
20. We are accordingly of the view that even when reply to error note has been rejected, a formal order of penalty for effecting recovery from pay shall have to be passed.
21. We are fortified in our view by the decision of Hon’ble High Court in Special Civil Application No. 10567 of 2001 upholding our order in O.A. 676/99.
22. The reply of the respondent indicates that due notices were issued by Chief Goods Supervisor vide letter dated 31.01.1999. This letter describes the applicant as Goods Guard Headquarter at Godhra. He has thus been transferred. This letter states that the amount has been debited in admitted side. Rule 2766, 2717 of I.R.C.M. provides the manner of handling error sheet in cases of transfer. Manual of Station Accounts states that debits shall not be accepted in case of transferred staff unless one is satisfied and has personnel knowledge of transaction.
We also find that the applicant had objected to recovery being effected in pursuance to order dated 06.08.1999. This representation has not been considered.
23. In view of what has been discussed in the preceding paragraphs, we quash and set aside this order. The amount recovered shall be refunded within three months of the receipt of the order. Liberty is given to the respondents to take action in accordance with law. The O.A. is allowed with these directions. No costs. M.As. are disposed off accordingly.