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COMPLETE RULE FROM BOARD

August 12, 2010

Government of India,
Ministry of Railways
(Railway Board)

The Railway Servants
(Discipline & Appeals) Rules, 1968

Corrected upto 10-1-07

CONTENTS

PART
I. General
II. Suspension
III. Penalties and Disciplinary Authorities
IV Procedure for imposing Penalties
V Appeals
VI Revision & Review
VII Miscellaneous
VIII Schedules

THE RAILWAY SERVANTS (DISCIPLINE & APPEAL) RULES, 1968

In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President hereby makes the following rules, namely:-

THE RAILWAY SERVANTS (DISCIPLINE & APPEAL) RULES, 1968

PART-1
GENERAL

1. Short title and commencement-
(1) These rules may be called The Railway servants ( Discipline & Appeal) Rules, 1968.
(2) They shall come into force on the 1st day of October, 1968.
¬¬¬¬
Published with the Ministry of Railways ( Railway Board) Notifications-
S.No. Notification Date Published in the Gazette of India Part-II Section 3 Sub-section (I)
GSR/SO No. Date of Publication
1. E(D&A)66RG6-9 10.04.69 1531 24.6.69
2. E(D&A)67RG6-13 7.4.71 1925 8.5.71
3. E(D&A)70RG6-63 9.6.71 2501 03.07.71
4. E(D&A)70RG6-60 19.10.71 5078 06.11.71
5. E(D&A)70RG6-41 21.10.71 4050 30.10.71
6. E(D&A)70RG6-43 12.11.71 5264 4.12.71
7, E(D&A)70RG6-52 25.3.72 9467 8.4.72
8. E(D&A)70RG6-69 17.11.72 3918 25.11.72
9. E(D&A)69RG6-60 5.2.73 - -
10. E(D&A)71RG6-60 13.7.73 2897 6.10.73
11. E(D&A)75RG6-35 5.4.77 1413 14.5.77
12. E(D&A)77RG6-46 7.7.78 2193 29.7.78
13. E(D&A)78RG6-54 29.11.78 364 23.12.78
14 E(D&A)77RG6-30 7.4.78 - -
15. E(D&A)79RG6-26 17.8.79 3057 8.9.79
16 E(D&A)79RG6-12 25.10.79 3777 17.11.79
17. E(D&A)78RG6-61 22.11.79 - -
18. E(D&A)78RG6-39 31.12.79 0143 19011980
19, E(D&A)78RG6-11 6.2.80 0441 23.2.80
20. E(D&A)81RG6-72 31.8.82 - -
21. E(D&A)81RG6-63 10.8.83 GSR/982 17.12.83
22. E(D&A)81RG6-54 31.5.84 GSR/632 23.6.84
23. E(D&A)82RG6-29 30.3.85 1822 27.4.85
24. E(D&A)83RG6-45 13.6.85 5667 6.7.85
25. E(D&A)80RG6-25 20.1.86 GSR/667 22.2.86
26. E(D&A)85RG6-16 20.3.87 GSR/241 4.4.87
27. E(D&A)83RG6-14 28.8.87 GSR/708 19.9.87
28. E(D&A)87RG6-47 26.10.87 GSR/869 21.11.87
29. E(D&A)87RG6-146 10.5.88 GSR/420 21.5.88
30. E(D&A)88RG6-43 12.8.88 GSR/759 17.9.88
31. E(D&A)84RG6-44 20.10.89 GSR/850 11.11.89
32. E(D&A)88RG6-38 16.11.89 GSR/900 2.12.89
33. E(D&A)84RG6-44 22.11.90 - -
34. E(D&A)90RG6-112 16.11.90 GSR/723 11.12.90
35. E(D&A)91RG6-42 8.6.91 - -
36 E(D&A)90RG6-117 19.9.91 GSR/568 5.10.91
37. E(D&A)89RG6-80 20.1.92 GSR/86 22.2.92
38. E(D&A)90RG6-112 22.10.92 - -
39. E(D&A)92RG6-148 9.11.92 - -
40. E(D&A)92RG6-166 11.1.93 GSR/63 30.1.93
41. E(D&A)93RG6-94 23.6.94 GSR/327 16.7.94
42. E(D&A)95RG6-68 13.8.97 GSR/422 27.12.97
43. E(D&A)92RG6-151 6.11.97 GSR/106 6.6.98
44. E(D&A)94RG6-10 16.2.99 - -
45. E(D&A)98RG6-42` 11.10.99 - -
46 E(D&A)2001RG6-29 31.10.01 GSR/617 24.11.01

2. Definitions:

(1) In these rules, unless the context otherwise requires-
(a) ‘Appointing authority’ in relation to Railway servant means-
(i) The authority empowered to make appointments to the Service of which the Railway servant is, for the time being, a member or to the grade of the Service in which the Railway servant is for the time being included or
(ii) The authority empowered to make appointment to the post which the Railway servant, for the time being holds, or
(iii) The authority which appointed the Railway servant to such Service, grade or post, as the case may be, or
(iv) Where the Railway servant having been a permanent member of any other Service or having substantively held any other permanent post, has been in continuous employment under the Ministry of Railways, the authority which appointed him to that Service or to any grade in that Service or to that post.
Whichever authority is the highest authority.

(b) ‘Commission’ means the Union Public Service Commission.
(c) ‘Disciplinary authority’ means-
(i) in relation to the imposition of a penalty on a Railway servant, the authority competent, under these rules, to impose on him that penalty;
(ii) In relation to Rule 9 and clauses (a) and (b) of sub-rule (1) of Rule 11 in the case of any gazetted Railway servant, an authority competent to impose any of the penalties specified in Rule 6;
(iii) in relation to Rule 9 in the case of any non-gazetted Railway servant, an authority competent to impose any of the major penalties specified in Rule 6;
(iv) In relation to clauses (a) and (b) of sub-rule (1) of Rule 11, in the case of a non-gazetted Railway servant, an authority competent to impose any of the penalties specified in Rule6.
(d) ‘Head of the department’ for the purpose of exercising the powers as appointing, disciplinary, appellate or revising authority, means the authority declared to be head of the department in terms of clause(21) of Rule 103 of Volume 1 of the Indian Railway Establishment code ( Fifth edition –1985);
(e) ‘Railway servant’ means a Railway servant as defined in clause 43 of Rule 103 of Volume I of the Indian Railway Establishment Code ( Fifth Edition 1985) and includes any such Railway servant on foreign service or whose services are temporarily placed at the disposal of any other department of the Central Government or a State Government or a Local or other authority;
(f) ‘Service’ means a service under the Ministry of Railways.
(g) ‘Schedule’ means a schedule appended to these rules.

2. All other words and expressions used but not defined in these rules and defined in the Indian Railways Act 1890 shall have the meaning respectively assigned to them under that Act.
3. Application:
(1) These rules shall apply to every Railway servant but shall not apply to-
(a) any member of the All India Services
(b) any member of the Railway Protection Force as defined in the Railway Protection Force Act, 1957 ( 23 of 1957)
(c) any person in casual employment and
(d) any person for whom special provision is made, in respect of matters covered by these rules by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions.

(2) Notwithstanding anything contained in sub-rule (1), the President may, by order, exclude any class of Railway servants from the operation of all or any of these rules.

PART-II

SUSPENSION

4. Authorities competent to place a Railway servant under suspension-
The classes of Railway servants who may be placed under suspension and the authorities by whom they may be so placed, shall be as specified in Schedules I,II and III.

Provided that, in exceptional circumstances, any authority specified in any of the Schedules may place any subordinate Railway servant specified therein, under suspension

Provided further that where any action is taken under the foregoing proviso, the authority concerned shall forthwith report to the authority competent to place such Railway servant under suspension, the circumstances, in which the order was made and obtain his approval.

Explanation- For the purposes of this rule, in respect of a Railway servant officiating in a higher post, the competent authority shall be determined with reference to the officiating post held by such Railway servant at the time of taking action.

5. Suspension
(1) A Railway servant may be placed under suspension-

(a) where a disciplinary proceeding against him is contemplated or is pending; or
(b) where, in the opinion of the authority competent to place a Railway servant under suspension, he has engaged himself in activities prejudicial to the interest of the security of the state, or
(c) where a case against him in respect of any criminal offence, is under investigation, inquiry or trial
(2) A Railway servant shall be deemed to have been placed under suspension by an order of the competent authority-

(a)Explanation - The suspension with effect from the date of his detention, if he is detained in custody whether on a criminal charge or otherwise, for a period exceeding forty-eight hours.
(b) With effect from the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction. Exeriod of forty eight hours referred to in clause (b) of this sub-rule, shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.

(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Railway servant under suspension, is set aside in appeal or on revision under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Railway servant, is set aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary authority on consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement, was originally imposed, the Railway servant shall be deemed to have been placed under suspension by the competent authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.

Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of the case.

(5) (a) an order of suspension made or deemed to have been made under this rule, shall continue to remain in force until it is modified or revoked by the authority competent to do so.

(b) Where a Railway servant is suspended or is deemed to have been suspended ( whether in connection with any disciplinary proceeding or otherwise) and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Railway servant shall continue to be under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under this rule, may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
(6) Notwithstanding anything contained in sub-rule 5, an order of suspension made or deemed to have been made under sub-rule (1) or sub-rule (2) of this rule shall not be valid after a period of ninety days unless it is extended after review in the manner provided in sub-rule (7) of this rule, for a further period before expiry of ninety days.
(7) The review of an order of suspension shall be done by the authority which is competent to modify or revoke the suspension, on the recommendation of the review committee constituted for the purpose, and such competent authority shall pass orders either extending or revoking the suspension before expiry of ninety days from the date of order of suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not for a period exceeding one hundred and eighty days at a time.

PART-III

PENALTIES AND DISCIPLINARY AUTHORITIES

6. Penalties

The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Railway servant, namely-

Minor Penalties-

i. Censure,
ii. Withholding of his promotion for a specified period;
iii. Recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government or Railway Administration by negligence or breach of orders;
iii.a. Withholding of the Privilege Passes or Privilege Ticket Orders or both;
iii.b Reduction to a lower stage in the time scale of pay for a period not exceeding three years, without cumulative effect and not adversely affecting his pension
iv. Withholding of increments of pay for a specified period with further directions as to whether on the expiry of such period this will or will not have the effect of postponing the future increments of his pay;

Major Penalties-

v. Save as provided for in clause (iii-b) reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay.
vi. Reduction to a lower time scale of pay, grade, post, or service, with or without further directions regarding conditions of restoration to the grade or post or service from which the Railway servant was reduced and his seniority and pay on such restoration to that grade, post or service,
vii. Compulsory retirement;
viii. Removal from service which shall not be disqualification for future employment under the Government or Railway Administration;
ix. Dismissal from service, which shall ordinarily be disqualification for future employment under the Government or Railway Administration.

Provided that in cases of persons found guilty of any act or omission which resulted or would have, ordinarily, resulted in collision or Railway trains, one of the penalties specified in clauses (viii) and (ix) shall, ordinarily, be imposed and in cases of passing Railway signals at danger, one of the penalties specified in clauses (v) to (ix) shall, ordinarily be imposed and where such penalty is not imposed, the reasons therefor shall be recorded in writing.

Provided further that in case of persons found guilty of possessing assets disproportionate to known sources of income or found guilty of having accepted or having obtained from any person any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, one of the penalties specified in clauses (viii) or (ix) shall ordinarily be imposed and where such penalty is not imposed, the reasons therefor shall be recorded in writing.

Explanation- The following shall not amount to a penalty within the meaning of this rule namely-

(i) Withholding of increments of pay of a Railway servant for failure to pass any departmental examination in accordance with the rules or orders governing the Service to which he belongs or post which he holds or the terms of his appointment;

(ii) stoppage of a Railway servant at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar.
(iii) Non-promotion of a Railway servant, whether in a substantive or officiating capacity, after consideration of his case, to a Service, grade or post for promotion to which he is eligible,
(iv) Reversion of a Railway servant officiating in higher Service, grade or post to a lower Service, grade or post, on the ground that he is considered to be unsuitable for such higher Service, grade or post, or on any administrative ground unconnected with his conduct;
(v) Reversion of a Railway servant, appointed on probation to any other Service, grade or post, to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;
(vi) Replacement of the services of a Railway servant, whose services had been borrowed from any other Ministry or Department of the Central Government or a State Government or an authority under the control of the Central Government or State Government, at the disposal of the Government or the authority from which the services of such Railway servant had been borrowed;
(vii) Compulsory retirement of a Railway servant in accordance with the provisions relating to his superannuation or retirement;
(viii) Termination of the services-

a. of a Railway servant appointed on probation, during or at the end of the period of his probation in accordance with the terms of his appointment or the rules and orders governing such probation, or
b. of a temporary railway servant in accordance with rule 301 contained in Volume I of the Indian Railway Establishment Code ( Fifth Edition1985) or
c. of a Railway servant employed under an agreement in accordance with the terms of such agreement.

(ix) Discharge of Railway servants-
a. for inefficiency due to failure to conform to the requisite standard of physical fitness.
b. On reduction of establishment.

7. Disciplinary Authorities:-
(1) The President may impose any of the penalties specified in Rule 6 of any Railway servant.
(2) Without prejudice to the provisions of sub-rule (1) , any of the penalties specified in Rule 6 may be imposed on a Railway servant by the authorities specified in Schedules I, II and III.
(3) The disciplinary authority in the case of a Railway servant officiating in a higher post, shall be determined with reference to the officiating post held by him at the time of taking action.
(8) Authority to Institute Proceedings-
(1) The President or any other authority empowered by him, by general or special order may-
(a) Institute disciplinary proceedings against any Railway servant;
(b) Direct a disciplinary authority to institute disciplinary proceedings against any Railway servant on whom that disciplinary authority is competent to impose, under these rules any of the penalties specified in Rule 6.
(2) A disciplinary authority competent under thse rules to impose any of the penalties specified in clauses (I) to (iv) of Rule 6 may, subject to the provisions of clause (c) of sub rule (1) of Rule 2 institute disciplinary proceedings against any Railway servant for the imposition of any of the penalties specified in clauses (v) to (ix) of Rule 6, notwithstanding that such disciplinary authority is not competent, under these rules, to impose any of the latter penalties.
PART-IV
PROCEDURE FOR IMPOSING PENALTIES.


9. PROCEDURE FOR IMPOSING MAJOR PENALTIES.

(1) No order imposing any of the penalties specified in clause (v) to (ix) of Rule 6 shall be made except after any inquiry held, as far as may be, in the manner provided in this rule and Rule 10, or in the manner provided by the Public Servants ( Inquiries) Act, 1850 ( 37 of 1850) where such inquiry is held under that Act.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Railway servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants ( Inquiries ) Act, 1850, as the case may be, a Board of Inquiry or other authority to inquire into the truth thereof.
(3) Where a Board of Inquiry is appointed under sub-rule (2) it shall consist of not less than two members, each of whom shall be higher in rank than the Railway servant against whom the inquiry is being held and none of whom shall be subordinate to the other member or members as the case may be, of such Board.
(4) Where the Board of Inquiry consists of two or more than two members, the senior member shall be the Presiding Officer.
(5) Every decision of the Board of Inquiry shall be passed by Majority of votes, and where there is an equality of votes on the findings, the finding of each member shall be incorporated in the report prepared under clause (I) of sub-rule (25).
EXPLANATION- Where the disciplinary authority itself holds the inquiry, any reference in sub rule (12) and in sub rules (14) to (25), to the inquiring authority shall be construed as a reference to the disciplinary authority.
6. Where it is proposed to hold an inquiry against a Railway servant under this rule and Rule 10, the disciplinary authority shall draw up or cause to be drawn up-
(i) the substance of the imputations of misconduct or misbehavior into definite and distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehaviour in support of each article of charge which shall contain-
(a) a statement of all relevant facts including any admission or confession made by the Railway servant;
(b) a list of documents by which, and a list of witnesses by whom , the articles of charge are proposed to be sustained.
7. The disciplinary authority shall deliver or cause to be delivered to the Railway servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the Railway servant to submit a written statement of his defence within ten days of such further time as the disciplinary authority may allow
Note:- If copies of documents have not been delivered to the Railway servant along with the articles of charge and if he desire to inspect the same for the preparation of his defence, he may do so, within 10 days from the date of receipt of the articles of charge by him and complete inspection within ten days thereafter and shall state whether he desires to be heard in person.
8. The Railway servant may, for the purpose of his defence submit with the written statement of his defence, a list of witnesses to be examined on his behalf.
Note- If the Railway servant applies in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (6), the disciplinary authority shall furnish him with a copy of each of such statement as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority.
9. (a) (i) On receipt of the written statement of defence, the disciplinary authority shall consider the same and decide whether the inquiry should be proceeded with under this rule.
(ii) Where the disciplinary authority decides to proceed with the inquiry it may itself inquire into such of the articles of charge as are not admitted or appoint under sub-rule (2) a Board of Inquiry or other authority for the purpose.
(iii) Whether all the articles of charge have been admitted by the Railway servant in his written statement of defence, the disciplinary authority shall record its findings on each charge, after taking such further evidence as it may think fit and shall act in the manner laid down in Rule 1o.
(iv) If the disciplinary authority, after consideration of the written statement of defence, is of the opinion that the imposition of a Major penalty is not necessary it may drop the proceedings already initiated by it for imposition of major penalty, without prejudice to its right to impose any of the minor penalties, not attracting the provisions of sub-rule (2) of Rule 11. Where the disciplinary authority so drops the proceedings but consider it appropriate to impose any of the minor penalties, not attracting the provisions of sub-rule (2) of Rule 11, it may make an order imposing such penalty and it will not be necessary to give the Railway servant any further opportunity of making representation before the penalty is imposed.
b. If no written statement of defence is submitted by the Railway servant, the disciplinary authority may itself inquire into the articles of charge or may, if it considers it necessary to do so, appoint, under sub-rule (2) an inquiring authority for the purpose and also inform the Railway servant of such appointment.
c. Where the discip0linary authority itself inquires into an article of charage or appoints a Board of Inquiry or any other inquiring authority for holding an inquiry into such charge, it may, by an order in writing, appoint a railway or any other Government servant to be known as Presenting Officer to present on its behalf the case in support of the articles of charge.
10. The disciplinary authority shall, where it is not the inquiring authority, forward to the inquiring authority-
(i) a copy of the articles of charge and the statement of the imputation of misconduct or misbehaviour.
(ii) a copy of the written statement of defence, if any, submitted by the Railway servant.
(iii) A copy of the statement of witnesses, if any referred to in sub-rule (6);
(iv) Evidence providing the delivery of the documents referred to in sub-rule (6) to the Railway servant;
(v) A copy of the order appointing the Presenting Officer, if any; and
(vi) A copy of the list of witnesses, if any, furnished by the Railway servant.

11. The Railway servant shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by the inquiring authority of the order appointing him as such, as the inquiring authority may, by a notice in writing, specify in this behalf, or within such further time not exceeding ten days, as the inquiring authority may allow.
12. The inquiring authority shall, if the Railway servant fails to appear within the specified time, or refuses or omits to plead, require the Presenting Officer if any, to produce the evidence by which he proposes to prove the articles of charge and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the Railway servant may for the purpose of preparing his defence, give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in possession of Railway Administration but not mentioned in the list referred to in sub-rule (6).
Note: The Railway servant shall indicate the relevance of the documents required by him to be discovered or produced by the Railway Administration.
13. (a) The Railway servant may represent his case with the assistance of any other Railway servant (including a Railway servant on leave preparatory to retirement) working under the same Railway Administration, subject to whose jurisdiction and control he is working. He cannot engage a legal practitioner for the purpose, unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner or the disciplinary authority having regard to the circumstances of the case, so permits. If the Railway servant is employed in the office of the Railway Board, it attached office or subordinate office, he may present his case with the assistance of any other Railway servant (including a Railway servant on leave preparatory to retirement), employed in the office of the Railway Board, attached office or subordinate office, as the case may be, in which he is working.
(b) The Railway servant may also present his case with the assistance of a retired Railway servant, subject to such conditions as may be specified by the President from time-to –time by general or special order in this behalf.
Note: (1) A non-gazetted Railway servant may take the assistance of an official of a Railway Trade Union, recognized by the Railway Administration under which the Railway servant is employed, to present his case before an inquiring authority but shall not engage a legal practitioner for the above purpose except in the circumstances brought out in clause (a) An official of a Railway Trade Union shall not be allowed to appear on behalf of an alleged delinquent railway official in connection with a disciplinary case pending against that official, to present his case favorably before an inquiring authority unless he has worked as such in a recognized Railway Trade Union for a period of at least one year continuously prior to his appearance before an inquiring authority for the above purpose and subject to the condition that he takes no fees.
(2)(i) Nomination of an assisting Railway servant or an official of a recognized Railway Trade Union, who is a full time union worker, shall be made within 20 days from the date of the appointment of the inquiring authority.
(ii)the nomination shall not be accepted if the person assisting has three pending disciplinary cases on hand in which he has to assist:
Provided that an official of recognized Railway Trade Union may assist in more than three pending cases.
14. After the nomination of the assisting Railway servant or the official of a Railway Trade Union and other necessary steps preliminary to the inquiry are completed, a date ordinarily not exceeding one month from the date of appointment of the inquiring authority shall be fixed for the inquiry and the Railway servant informed accordingly.
15. The inquiring authority shall, on receipt of the notice for discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept with a requisition for the production of the documents by such date as may be specified in such requisition.
Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.
16. On receipt of the requisition referred to in sub-rule (15), every authority having the custody of possession of the requisitioned documents shall produce the same before the inquiring authority by the specified time.
Provided that if the authority having the custody or possession of requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any such documents would be against the public interest or security of the Sate, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the Railway servant and withdraw the requisition made by it for the production or discovery of such documents.

17. On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting Officer, if any, and may be cross-examined by or on behalf of the Railway servant. The Presenting officer, if any shall be entitled to re-examine the witnesses on any points on which they have been cross examined, but not on any new matter without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fits.
18. If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting Officer, if any, to produce evidence not included in the list given to the Railway servant or may itself call for new evidence or recall and re-examine any witness and in such cases the Railway servant shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the Railway servant an opportunity of inspection such documents before they are taken on the record . The inquiring authority may also allow the Railway servant to produce new evidence if it is of the opinion that the production of such evidence is necessary in the interest of justice.
Note: New evidence shall not permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence, which has been produced originally.
19. When the case for disciplinary authority is closed, the Railway servant shall be required to state his defence orally, or in writing, as he may prefer. If the defence is made orally it shall be recorded and the Railway servant shall be required to sign the record in either case a copy of the statement of defence shall be given to the Presenting officer, if any.
20. The evidence on behalf of the Railway servant shall then be produced. The Railway servant may examine himself in his own behalf, if he so prefers. The witnesses produced by the Railway servant shall then be examined by or on behalf of him and shall be cross-examined by or on behalf of the Presenting Officer, if any. The Railway servant shall be entitled to re-examine the witnesses on any point on which they have been cross- examined but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.
21. The inquiring authority may, after the Railway servant closes his case, and shall, if the Railway servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Railway servant to explain any circumstances appearing in the evidence against him.
22. The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, if any, and the Railway servant, or permit them to file written briefs of their respective cases, if they so desire.
23. If the Railway servant, to whom a copy of the articles of charge has been delivered does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority may hold the inquiry ex parte.
24. Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein and is succeeded by another inquiring authority which has, and which exercise, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor, and partly by itself:
Provided that if, the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross-examine any such witnesses as hereinbefore provided.
25(i) after the conclusion of the inquiry, a report shall be prepared and it shall contain-
a. The articles of charge and the statement of imputations of misconduct or misbehavior.
b. The defence of the Railway servant in respect of each article of charge,
c. An assessment of the evidence in respect of each article of charge and
d. The findings on each article of charge and the reasons therefor

Explanation- If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of charge, it may record its findings on such article of charge.
Provided that the findings on such article of charge shall not be recorded unless the Railway servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.

(ii) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include-
a. The report prepared by it under clause(I)
b. The written statement of defence, if any, submitted by the Railway servant;
c. The oral and documentary evidence produced in the course of the inquiry;
d. Written briefs, if any, filed by the Presenting Officer, if any, or the Railway servant or both during the course of the enquiry; and
e. The orders, if any, made by the disciplinary authority in regard to the inquiry.
10. Action on the inquiry report:
(1) If the disciplinary authority:
(a) After considering the inquiry report, is of the opinion that further examination of any of the witnesses is necessary in the interests of justice, it may recall the said witness and examine, cross examine and re-examine the witness;
(b) Is not itself the inquiry authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold further inquiry according to the provisions of Rule 9, as far as may be.
(2) The disciplinary authority –
(a) Shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority a copy of the report of the inquiring authority, its findings on further examination of witnesses, if any, held under sub-rule (1)(a) together with its own tentative reasons for disagreement, if any, with findings of the inquiring authority on any article of charge to the Railway servant, who shall be required to submit, if he so desires, his written representation or submission to the disciplinary authority within 15 days, irrespective of whether the report is favorable to the Railway servant;
(b) Shall consider the representation if any, submitted by the railway servant and record its findings before proceeding further in the matter as specified in sub-rule (3), (4) and (5).
(3) Where the disciplinary authority is of the opinion that the penalty warranted is such as is not within its competence, he shall forward the records of the inquiry to the appropriate disciplinary authority who shall act in the manner as provided in these rules.
(4) If the disciplinary authority having regard having regard to its findings on all or any of the articles of charges, is of the opinion that any of the penalties specified in clauses (i) to (iv) of Rule 6 should be imposed on the Railway Servant, it shall, notwithstanding anything contained in rule 11 make an order imposing such penalty:
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the disciplinary authority to the Commission for its advice shall be taken into consideration before making any order imposing any penalty on the Railway Servant.

(5) If the disciplinary authority, having regard to its findings on all or any of the articles of charges and on the basis of the evidences adduced during the inquiry, is of the opinion that any of the penalties specified in clauses (v) to (ix) of Rule 6 should be imposed on the Railway Servant, it shall make an order imposing such penalty and it shall not be necessary to give the railway servant any opportunity of making representation on the penalty proposed to be imposed:
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and such advice shall be taken into consideration before making any order imposing any such penalty on the railway servant.

11. Procedure for imposing minor penalties

(1) Subject to the provisions of sub-clause (iv) of clause (a) of sub-clause (9) or Rule 9 and of sub-rule (4) of Rule 10, no order imposing on a Railway Servant any of the penalties specified in clauses (i) to (iv) of Rule 6 shall be made except after –
(a) informing the Railway Servant in writing of the proposal to take action against him and of the imputations of mis-conduct or mis-behaviour on which it is proposed to be taken, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;
(b) holding an inquiry in the manner laid down in sub rules (6 to (25) of Rule 9, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;
(c) taking the representation, if any, submitted by the Railway servant under clause (a) and the record of inquiry, if any, held under clause (b) into consideration;
(d) recording a finding on each imputation of misconduct or misbehaviour and
(e) consulting the Commission where such consultation is necessary.

(2) Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case, it is proposed, after considering the representation, if any, made by the Railway Servant under clause (a) of that sub-rule to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension or special contribution to Provident Fund payable to the Railway Servant or to withhold increments of pay for a period exceeding three years or to withhold increments of ay with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-rules (6) to (25) of Rule 9, before making any order imposing on the Railway any such penalty.

(3) Deleted.

(4) The record of proceedings in cases specified in sub-rules (1) and (2) shall include-

(i) a copy of the intimation of the Railway servant of the proposal to take action against him;
(ii) a copy of the statement of imputations of misconduct or misbehaviour delivered top him;
(iii) his representation, if any,
(iv) the evidence produced during the inquiry, if any;
(v) the advice of the Commission, if any,
(vi) the findings on each imputations of misconduct or misbehaviour; and
(vii) the order on the case together with reasons therefore.

12.Communication of orders:-
Orders made by the disciplinary authority which would also contain its findings on each article of charges, shall be communicated to the Railway Servant who shall also be supplied with a copy of the advice, if any, given by the Commission, a brief statement of the reasons for such non acceptance.

13. Common proceedings:-
(1) Where two or more Railway Servants are concerned in any case, the President or any other authority competent to impose the penalty of dismissal from service on such Railway servants, may make an order directing that disciplinary action against all of them may be taken in a common proceedings.

Note:- If the authorities competent to impose the penalty of dismissal on such Railway servants are different, an order for taking disciplinary action in a common proceedings may be made by the highest of such authorities with the consent of the others.

(3) Any such order shall specify –
(i) the authority which may function as the disciplinary authority for the purpose of such common proceedings;
(ii) the penalties specified in Rule 6 which such disciplinary authority shall be competent to impose; provided that such authority shall not impose the penalties specified in clauses (vii) to (ix) of that rule if that authority is subordinate to the Appoint Authority; and
(iii) Whether the procedure laid down in Rule 9 and Rule 10 or Rule 10 shall be followed in the proceedings.

14. Special provisions in certain cases:-
Notwithstanding anything contained in Rules 9 to 13-

(i) where any penalty is imposed on a Railway servant on the ground of conduct which has led to his conviction on a criminal charge, or
(ii) where the disciplinary authority is satisfied, for reasons to be recorded by it
in writing, that it is not reasonably practicable to hold an inquiry in the
manner provided in these rules,
(iii) where the President is satisfied that in the interest of the security of the State
it is not expedient to hold an inquiry in the manner provi8ded in these rules,

the disciplinary authority may consider the circumstances of the case and make such orders as it deems fit

Provided that the Railway servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case failing under clause (i) above.

Provided further that the Commission shall be consulted where such consultation is necessary, before any orders are made in any case under this rule.

15. Provisions regarding Railway servants lent to State Governments, etc.:-
(1) Where the services of a Railway servant are lent to any other Minister of Department of the Central Government or to a State Government or an authority subordinate thereto or to a local or other authority (hereinafter in this rule referred to as “the borrowing authority”), the borrowing authority shall have the powers of the authority competent to place the railway servant under suspension for the purpose of placing him under suspension and of the disciplinary authority for the purpose of conducting disciplinary proceedings against him.

Provided that the borrowing authority shall forthwith inform the authority which lent the services of the Railway Servant (hereinafter in this rule referred to as “the lending authority”) of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceedings, as the case may be.

(2) In the light of the findings in the disciplinary proceedings conducted against the Railway servant-

(i) if the borrowing authority is of the opinion that any of the penalties specified in clauses (i) o (iv) of Rule 6 should be imposed on the Railway servant, it may, after consultation with the lending authority, make such orders on the case as it deems necessary.
Provided that in the event of a difference of opinion between the borrowing authority and the lending authority, the services of the Railway servant shall be replaced at the disposal of the lending authority.

(ii) if the borrowing authority is of the opinion that any of the penalties specified in clause (v) to (ix) of Rule 6 should be imposed on the Railway servant, it shall replace his services at the disposal of the lending authority and transit to it the proceedings of the inquiry and thereupon the lending authority may, it is the disciplinary authority pass such orders thereon as it may deem necessary or if it is not the disciplinary authority, submit the case of the disciplinary authority which shall pass orders on the case as it may deem necessary.

Provided that before passing such orders, the disciplinary authority shall comply with the provisions of sub-rule (4) and (5) of rule 10

Explanation:- The disciplinary authority may make an order under this clause on the record of the inquiry transmitted to it by borrowing authority, or after holding such further inquiry as it may deem necessary, as far as may be, in accordance with Rule 9.

16. Provisions regarding officers borrowed from Central or State governments, etc.
(1) Where the services of a Government servant from any Ministry or Department of the Central Government other than the Ministry of Railways, or a State Government, or an authority subordinate thereto, or of a person from a local or other authority (hereinafter in this rule referred to as “the lending authority”) are borrowed for appointment to a service or post under the Ministry of Railways, the authority which appointed him to that service or post (hereinafter in this rule referred to as “the borrowing authority”) shall have the powers of the lending authority for the purpose of placing such Government servant or person under suspension or for conducting disciplinary proceedings against him;

Provided that where an order suspending such Government servant or person is made or a disciplinary proceedings is conducted against such Government servant or person, the borrowing authority shall forthwith inform the lending authority of the circumstances leasing to the order of suspension or, as the case may be, the commencement of the disciplinary proceedings against such Government servant or person.

(2) In the light of the findings in the disciplinary proceedings conducted against such government servant or person -
(i) If the borrowing authority is of the opinion that any of the minor penalties specified in the rules by which such government servant or person is governed, should be imposed on him, it may, after consultation with the lending authority, pass such orders on the case as it deems necessary, in accordance with the said rules.

Provided that in the event of a difference of opinion between the borrowing authority and the lending authority, the services of such government servant or person shall be replaced at the disposal of the lending authority.

(ii) if the borrowing authority is of the opinion that any of the major penalties specified in the rules by which such Government servant or person is governed, should be imposed on him, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry and thereupon the lending authority may pass such orders thereon as it may deem necessary.

PART V

APPEALS

17. Orders against which no appeal lines:

Notwithstanding anything contained in this part, no appeal shall lie against –(i) any order made by the President,
(ii) any order of an interlocutory nature or of the nature of step-in-aid of the final disposal of a disciplinary proceedings, other than an order of suspension
(iii) any order passed by an inquiring authority in the course of an inquiry under Rule 9.

18. Orders against which appeal lies:-
Subject to the ;provisions of Rule 17, a Railway servant may prefer an appeal against all or any of the following orders, namely –

(i) an order of suspension made or deemed to have been made under rule 5.
(ii) an order imposing any of the penalties specified in Rule 6 whether made by the disciplinary authority or by an appellate or revising authority.
(iii) An order enhancing any penalty imposed under rule 6.
(iv) An order which –
(a) denies or varies to his disadvantage his pay, allowances, pension, Provident fund benefits, service gratuity or other conditions of service as regulated by rules or by agreement, or
(b) interprets to his disadvantage the provisions of any such rule or agreement.

(v) an order -
(a) stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;
(b) reverting him while officiating in a higher service, grade or post to a lower service, grade or post otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules, if he is a pensionable Railway servant.
(d) Reducing or withholding the Government contribution to Provident Fund or Gratuity admissible to him under the State Railway Provident Fund Rules, and Gratuity admissible to him under the State Railway Provident Fund Rules, and Gratuity Rules, if he is a non-pensionable Railway servant;
(e) Determining the subsistence and other allowances to be paid to him for the period during which he is deemed to be under suspension or for any portion thereof;
(f) Determining his pay and allowances:-
(i) for the period of suspension, or
(ii) for the period from the date of his dismissal, removal or
compulsory retirement from service to the date of his reinstat-
ement.
(g) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal or compulsory retirement to the date of his reinstatement shall be treated as a period spent on duty for any purpose.
Explanation – in this rule
(i) the expression ‘Railway Servant’ includes a person who has ceased to be in Railway service.
(ii) the expression ‘pension’ includes additional pension, gratuity and any other retirement benefit.

19. Appellate Authorities:-

(1) A Railway servant, including a person who has ceased to be in Railway service, may prefer an appeal against all or any of the orders specified in Rule 18 to the authority specified in this behalf either in the Schedules or, where no such authority is specified –

(2) where a penalty is imposed by a revising authority under Rule 25, to the authority to which it is immediately subordinate.
(i) where a penalty is enhanced, either in appeal or on revision, to the authority to which the authority making the order immediately subordinate. In the case of an appeal against an order specified in clause (iv) of Rule 18, relating to a rule, to the authority which appointed the appellant or the authority which made the rule to which the order under appeal relates, whichever of them may be the higher authority, and in the case of an appeal relating to an agreement, to the authority which appointed the appellant.
(ii) In case of an appeal against an order specified in clause (v) of Rule 18 –
(a) in respect of a Railway servant on whom the penalty of dismissal from service can be imposed only by the President, to the President, and
(b) in respect of any other Railway servant, to the authority to which the authority making an order is immediately subordinate.
(3) Notwithstanding anything contained in sub-rule (1)

(i) an appeal against an order in a common proceeding held under Rule 13, shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding, is immediately subordinate.
(ii) Where the person who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the authority to which such person is immediately subordinate. Provided that in a case where the appellate authority is the Railway Board, the appeal shall be dealt with by any Member of the Railway Board, who has not made the order appealed against
(4) A Railway servant may prefer an appeal against an order imposing any of the penalties specified in Rule 6 to the President, where no such appeal lies to him under sub-rule (1) or sub-rule(2), if such penalty is imposed by any authority other than the President, on such Railway servant in respect of his activities connected with his work as on office bearer of an association, federation or union participating in the Joint Consultation and Compulsory Arbitration Scheme.

20. Period of limitation for appeals

No appeal preferred under this part, shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the order appealed against, is delivered to the appellant.

Provided that the appellate authority may entertain the appeal, after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

21. Form and contents and submission of appeal

(1) Every person preferring an appeal shall do so separately and in his own name. An appeal forwarded through or counter-signed by a legal practitioner or an assisting Railway servant or a Railway Trade Union Official shall not be entertained but shall be returned with the direction to submit it under the signature of the appellant only.
(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language and shall be complete in itself.
(3) The authority which made the order appealed against, shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the appellate authority.

22. Consideration of appeal

(1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of Rule 5 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.
(2) In the case of an appeal against an order imposing any of the penalties specified in Rule 6 or enhancing any penalty imposed under the said rule, the appellate authority shall consider:-
(a) whether the procedure laid down in these rules has been complied with, and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice.
(b) Whether the findings of the disciplinary authority are warranted by the evidence on the record and
(c) Whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe and pass orders –
(i) confirming, enhancing, reducing or setting aside the penalty or
(ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such directions as it may deem fit in the circumstances of the case.
Provided that –

(i) the Commission shall be consulted in all cases where such consultation is necessary
(ii) if the enhanced penalty which the appellate authority proposed to impose is one of the penalties specified in clauses (v) to (ix) of Rule 6 and an inquiry under Rule 9 has not already been held in the case, the appellate authority shall, subject to the provisions of Rule 14, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 9 and thereafter, on a consideration of the proceedings of such inquiry, make such orders as it may deem fit.
(iii) If the enhanced penalty which the appellate authority proposes to impose, is one of the penalties specified in clauses (v) to (ix) of Rule 6 and an inquiry under Rule 9 has already been held in the case, the appellate authority shall, make such orders as it may deem fit.
(iv) Subject to the provisions of Rule 14, the appellate authority shall –
(a) where the enhanced penalty which the appellate authority proposes to impose, is the one specified in clause (iv) of Rule 6 and falls within the scope of the provisions contained in sub-rule(2) of Rule 11, and
(b) where an inquiry in the manner laid down in Rule 9, has not already been held in the case, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 9 and thereafter, on a consideration of the proceedings of such inquiry, pass such orders as it may deem fit, and
(v) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be, in accordance with the provisions of Rule 11, or making a representation against such enhanced penalty

(3) In an appeal against any other order specified in Rule 18, the appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.

23. Implementation of orders in appeal

The authority, which made the order appealed against, shall give effect to the orders passed by the appellate authority.

24. Special provisions for non-gazetted staff

(1) where the penalty of dismissal, removal, compulsory retirement, reduction or withholding of increment has been imposed, the appellate authority may, as its discretion and if it considers it necessary, give the non-gazetted Railway servant a personal hearing before disposing of the appeal. At this personal hearing, the Railway servant may be accompanied, if he so chooses, by another Railway servant employed on the same Railway Administration. Office of the Railway Board, its attached office or subordinate office as the case may be, in which the appellant was or is working or an official (who is not a legal practitioner) of a Railway Trade Union recognized by the Railway Administration on which the appellant was or is employed.
(2) A Group ‘C’ Railway servant who has been dismissed, removed or compulsorily retired from service may after his appeal to the appropriate appellate authority has been disposed of, and within 45 days thereafter, apply to the General Manager for a revision of the penalty imposed on him. In this application, he may, if he so chooses, request the General Manager to refer the case to the Railway Rates Tribunal for advice before he disposes of the revision petition. On receipt of such a request, the General Manager shall refer the case to the Chairman, Railway Rates Tribunal for advice sending all the relevant papers.
On receipt of the revision application by the General Manager, or on receipt of advice from the Railway Rates Tribunal, as the case may be, the General Manager shall dispose of the application in accordance with the procedure laid down in Rule 25 and pass such orders as he may think fit.
Provided that the procedure mentioned in this sub-rule shall not apply in cases where the General Manager or the Railway Board are the Appellate Authority.
Provided further that where a revision application has been disposed of by the General Manager under this sub-rule, no further revision shall lie under Rule 25.
(3) A Group ‘D’ Railway servant, who has been dismissed, removed or compulsorily retired from service may, after his appeal to the appropriate appellate authority has been disposed of and within 45 days thereafter, apply to the Divisional Railway Manager and where he is not under the control of any Divisional Railway Manager to the senior-most Administrative Grade Officer under whose control he may be working for a revision of the penalty imposed on him. The Divisional Railway Manager or the senior-most Administrative Grade Officer, as the case may be, shall thereafter dispose of the revision application in accordance with the procedure laid down in Rule 25 and pass such orders as he may think fit.
Provided that the procedure mentioned in this sub-rule shall not apply where the Divisional Railway Manager or the senior-most Administrative Grade Officer or any higher authority as the case may be, is the appellate authority.
Provided further that where a revision application has been disposed of by the Divisional Railway Manager or the senior-most Administrative Grade Officer under this sub-rule, no further revision shall lie under Rule 25.

PART VI

REVISION AND REVIEW

25. Revision

(1) Notwithstanding anything contained in these rules –
(i) the President, or
(ii) the Railway Board, or
(iii) the General Manager of a Railway Administration or an authority of that status in the case of a Railway servant serving under his control, or
(iv) the appellate authority not below the rank of a Divisional Railway Manager in cases where no appeal has been preferred, or
(v) any other authority not below the rank of Deputy Head of Department in the case of a Railway servant serving under his control –

may at any time, either on his or its own motion or otherwise, call for the records of any inquiry and revise any order made under these rules or under the rules repealed by Rule 29, after consultation with the Commission, where such consultation is necessary, and may –

(a) confirm, modify or set aside the order; or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed; or
(c) remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case, or
(d) pass such orders as it may deem fit.
Provided that –
(a) no order imposing or enhancing any penalty shall be made by any revising authority unless the Railway servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed.
(b) Subject to the provisions of Rule 14, where it is proposed to imposed any of the penalties specified in clauses (v) to (ix) of Rule 6 or the penalty specified in clause (iv) of Rule 6 which falls within the scope of the provisions contained in sub-rule (2) of Rule 11 or to enhance the penalty imposed by the order under revision to any of the penalties specified in this sub-clause, no such penalty shall be imposed except after following the procedure for inquiry in the manner laid don in Rule 9, unless such inquiry has already been held and also except after consultation with the Commission where such consultation is necessary
(2) No proceeding for revision shall be commenced until after –
(i) the expiry of the period of limitation for appeal, or
(ii) the disposal of the appeal where any such appeal has been preferred
Provided that the provisions of this sub-rule shall not apply to the revision of appeal under these rules
(3) An application for revision shall be dealt with in the same manner as if it were an appeal under these rules
(4) No power of revision shall be exercised under this rule –

(i) by the appellate or revising authority where it has already considered the appeal or the case and passed orders thereon, and
(ii) by the revising authority unless it is higher than the appellate authority where an appeal has been preferred or where no appeal has been preferred and the time limit laid down for revision by the appellate authority has expired.
Provided that nothing contained in clauses (i) and (ii) above, shall apply to revision by the President.
(5) No action under this rule shall be initiated by –
(a) an appellate authority other than the President, or
(b) the revising authorities mentioned in item (v) of sub-rule(i)
after more than six months from the date of the order to be revised in cases where it is proposed to impose or enhance a penalty or modify the order to the detriment of the Railway servant, or more than one year after the date of the order to be revised in cases where it is proposed to reduce or cancel the penalty imposed or modify the order in favour of the Railway servant.

Provided that when revision is undertaken by the Railway Board or the General Manager of a Zonal Railway or an authority of the status of a General Manager in any other Railway unit or Administration when they are higher than the appellate Authority and by the President even when he is the appellate authority, this can be done without restriction of any time limit.

Explanation – for the purposes of this sub-rule the time limits for revision of cases shall be reckoned from the date of issue of the orders proposed to be revised. In cases where original order has been upheld by the appellate authority, the time limit shall be reckoned from the date of issue of the appellate orders.

25-A. Review – The President may at any time either on his own motion or otherwise review any order passed under these rules when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case has come or has been brought to his notice.

Provided that no order imposing or enhancing any penalty shall be made by the President unless the Railway servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in Rule 6 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an enquiry under Rule 9 has not already been held in the case, no such penalty shall be imposed except after inquiring in the manner laid down in Rule 9, subject to the provisions of Rule 14 and except after consultation with the Commission where such consultation is necessary.

Part VII
Miscellaneous

26. Service of orders, notices etc – Every order notice and other process made or issued under these rules, shall be served in person on the Railway servant concerned or communicated to him by registered post.

26-A Service of orders, notices etc. on behalf of the Railway Board or President – Any of the following officers in the Ministry of Railways shall be competent to sign on behalf of the Railway Board or President any notice, process, order etc. made or issued under these rules –

(i) Secretary, Railway Board/Joint Secretary/Deputy Secretary
(ii) Executive Director / Director/Joint Director

27. Power to relax time limit and to condone delay – Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time limit specified in these rules for anything required to be done under these rules or condone any delay.

28. Supply of copy of Commission’s advice - Wherever the Commission is consulted as provided in these rules, a copy of the advice by the Commission and, where such advice has not been accepted also a brief statement of the reasons for such non-acceptance, shall be furnished to the Railway servant concerned along with a copy of the order passed in the case, by the authority making the order.

29. Repeal and saving –

(1) The Discipline and Appeal Rules for Railway servant other than those employed in the Railway Protection Force, in force with effect from the 1st August, 1961 and any orders issued there under in so far as they are inconsistent with these rules, are hereby repealed.

Provided that –

(a) such repeal shall not affect the previous operation of the said rules, or any order made, or anything done, or any action taken, there under, and
(b) any proceedings under the said rules, pending at the commencement of these rules, shall be continued and disposed of, as far as may be, in accordance with the provisions of these rules, as if such proceeding were proceedings under these rules
(2) Nothing in these rules shall be construed as depriving any person to whom these rules apply, of any right of appeal which had accrued to him under the rules or orders in force before the commencement of these rules.

(3) An appeal pending at the commencement of these rules against an order made before such commencement, shall be considered and orders thereon shall be made, in accordance with these rules, as if such orders were made and the appeal were preferred under these rules.

(4) As from the commencement of these rules any appeal or application for revision and/or review against any orders made before such commencement shall be preferred or made under these rules as if such orders were made under these rules.

Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal or revision and/or review provided by any rule in force before the commencement of these rules.

30. Removal of doubts – If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the President through the Railway Board and the President shall decide the same.

31. Right to submit petitions to the President – Nothing in these rules shall operate to deprive a Railway servant from exercising his right of submitting a petition to the President in accordance with the instructions contained in Appendix II to the Indian Railway Establishment Code, Volume I (Fifth Edition – 1985)

* * * * * * * * *

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