Chain Pulling Not a Crime: High Court

In a significant order, the Division Bench of the Chhattisgarh High Court has granted significant relief to a South East Central Railway (SEC) employee. The employee was punished with a pay cut and demotion as part of departmental action for pulling the train's alarm chain. However, the High Court stated that the allegations were vague and unsubstantiated, and that it had not been proven that he pulled the chain without a valid reason.

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The incident occurred on July 15, 2010, when train number 2252 Korba-Yeshwantpur Express departed from Bilaspur railway station. Austin Hyde, who was a railway employee (TTE) at the time, but was traveling as a passenger, allegedly pulled the train's alarm chain twice.

The allegation was that he did so to allow his family members and luggage to board the train. During the departmental inquiry, two RPF personnel (witnesses) stated that Austin Hyde had pulled the chain, citing the fact that his family had not arrived.

Departmental Action Against Employee
In 2012, the disciplinary authority found the employee guilty and sentenced him to demotion by two pay levels and a two-year pay cut. This punishment was upheld in appeal (2013) and revision (2014). Hyde ultimately challenged the decision in the Central Administrative Tribunal (CAT), Jabalpur Bench, but his petition was dismissed there as well.

DB stated, "Chargesheet did not state that chain was pulled without reasonable cause."
The bench of Justice Sanjay K. Agarwal and Justice Radhakishan Agarwal stated that merely pulling the chain in itself is not a crime or misconduct unless it is proven that it was done without reasonable and sufficient cause. Section 141 of the Railways Act, 1989, also clearly states that it is a crime only if a passenger pulls the chain without sufficient cause.

The departmental chargesheet did not state that Austin Hyde pulled the chain without reasonable cause. Witnesses also testified only to chain pulling, but it was not proven that the family boarded the train or that the act was done for an improper reason. Thus, the charge sheet was vague, and the employee was denied a proper opportunity to defend himself.

The punishment was upheld based on vague allegations.
The High Court stated that the disciplinary authority, appellate authority, reviewing authority, and CAT all committed a serious error in upholding the punishment based on vague allegations. Consequently, the court quashed all orders (2012, 2013, 2014, and 2023) and vacated the punishment imposed on Austin Hyde. The court stated that in such cases, departmental officials are required to prove that the employee pulled the chain without just cause, for it to be considered misconduct.