In this case some articles in godown were found removed and placed near fencing when appellant “Rakshak” in Railway Protection Force was on special duty. The departmental Enquiry imposed a penalty of reduction of pay to the minimum of timescale of Rs 200 for a period of two years affecting his future increments. The appellate authority enhanced the penalty to removal from service after giving due show cause to the appellant. High Court by impugned judgment found penalty of removal disproportionate to delinquency alleged observed that there was no theft of any railway property since articles were found near fencing after having been removed from godown restoring punishment of reduction of pay to minimum of timescale of Rs 200 for period of two years. The Supreme Court held that even said penalty/punishment was also unjustified. Considering that appellant was out of employment since 1983 and during pendency of proceedings in High Court he had superannuated and thus, could not be reinstated, respondents directed to pay 33% of back wages with continuity in service and full retiral benefits by giving him notional increments, promotion and benefits based on continuity within stipulated time.

[Laxman Singh v. Union of India, (2021) 8 SCC 479]

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