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BASIC DAR RULES FOR BEGINNERS

August 20, 2010

RAILWAY SERVANTS (DISCIPLINE & APPEAL) RULES, 1968

AT A GLANCE

The Railway Servants (Discipline and Appeal) Rules, 1968

  1. Short title and commencement.
  2. Definitions
  3. Application
  4. Authorities competent to place a Railway servant under suspension.
  5. Suspension
  6. Penalties.
  7. Disciplinary Authorities.
  8. Authority to institute Proceedings
  9. Procedure for imposing Major penalties.
  10. Action on the inquiry report.
  11. Procedure for imposing minor penalties.
  12. Communication of orders.
  13. Common proceedings.
  14. Special provision in certain cases.
  15. Provisions regarding Railway servants lent to state Governments etc.
  16. Provisions regarding officers borrowed from central or state Government etc.
  17. Orders against no Appeal lies.
  18. Orders against Appeal lies.
  19. Appellate Authorities.
  20. Period of limitation of Appeal
  21. Form and contents and submission of Appeal.
  22. Consideration of Appeal
  23. Implementation of orders in Appeal
  24. Special provisions for non-gazetted staff.
  25. Revision.  25/A.  Review.
  26. Service of orders, notices etc.

26/A.. Service of orders, notices etc on behalf of Railway Board or President.
27. Power to relax time and to condone delay.

28. Supply of copy of Commission’s advice.
29. Repeal and saving.
30. Removal of doubts.

31. Right to submit petition to President.

1) Why discipline?

ü      To achieve targets and goals of organization

ü      Conducive environment at work place

ü      Efficiency and productivity

ü      Co-operation, participation, team work

2) Disciplinary process.

ü      Should appear to be fair

ü      Equally applicable to everybody

ü      Not personalized – related to conduct at work / outside

ü      Advance warning

ü      Linked to conduct at work place (conduct rules)

ü      Rule 3 (I) (i), (ii), (iii)

Every Railway servant shall maintain at all times

(i)   Absolute integrity

(ii)  Devotion to duty

(iii) Do nothing which is unbecoming of a Railway servant

Principle  of natural justice.

(i)  None shall be judged in his own case.

(ii)  Decision after reasonable hearing.

(iii) Decision without bias.

Rule 1: Short title and commencement.

(1) These rules may be called “The Railway Servants (Discipline and Appeal) Rules 1968.

(2)   They shall come to force from 01-10-1968.

Rule 2: Definitions:

Appointing Authority:-

Appointing Authority in relation to railway Servant :– the authority empowered to make appointment to the post which the Railway Servant, for the time being holds, or   whichever authority is the highest authority.

The authority which appointed the Railway Servant to such Service, grade or post.

Commission : the Union Public Service Commission.

(b) Displinary authority :

(i)                 in relation to the imposition of penalty on a Railway Servant, the authority competent, under these rules to impose on him that penalty.

(ii)              in the case of Gazetted Railway Servant, an authority competent to impose any of the penalties specified In Rule 6,

(iii)            in the case of Non Gazetted Railway Servant, in relation to Rule 9 an authority competent to impose any of the major penalties specified In Rule 6,

(iv)             in the case of Non Gazetted Railway Servant, in relation to Rule 11 an authority competent to impose any of the minor penalties specified In Rule 6,

GM as Appointing Authority:-

For staff in Class C & D where records or appointment letter to show the actual authority of such staff are not available, GM will become the  Appointing Authority. Accordingly, the punishment of Dismissal, Removal, Compulsory Retirement for such employee cannot be imposed by an authority lower than GM.

Rule 3 : Application:-

(1)These rules shall apply to every  Railway Servant, but shall not apply to –

(a)     any member of the All  India Service,

(b)     any member of the Railway Protection Force,

(c)      any person of casual employment.

SUSPENSION

Rule 4 :  Authorities competent to place Railway Servant under Suspension:

In exceptional cases,  any authority specified in any of the Schedule may place any subordinate Railway Servant specified therein, under suspension :

Provided that, where any action is taken under the forgoing 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.

Rule 5:

(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 may be placed 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 placed under suspension:

(a)   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 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 convection.

Review of Suspension : unless revoked before expiry of 90 days, shall be reviewed by the competent authority on the recommendation of the Review committee constituted for this purpose. ( RB /Estt No.95/2006, dt. 19-07-2006)

Erroneous detention : Railway Employee was detained in Police custody erroneously or without any basis and released without any prosecution, he may be eligible for full pay and allowance if the competent authority feels suspension as fully unjustified.

Sick Leave during Suspension: An employee under suspension may be treated in Railway Hospital, no sick leave will be granted for this purpose.

It is the duty of the employee who may be arrested  for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official supervisors as soon as possible even though he might have subsequently released on bail.

Suspension with retrospective effect : 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 decision of a court of law and the disciplinary authority on consideration of the circumstances of the case, decides to hold further inquiry, against him on the allegations on which the penalty  was originally imposed, the Railway servant shall be deemed to have been placed under suspension by the competent authority from the date of original order of dismissal, removal or compulsory retirement and continue to remain under suspension until further orders.

Passes during Suspension : Gazetted Railway servant will be eligible for half the number of Privilege pass with the permission of General Manager. Non Gazetted are eligible for one set of Privilege pass and 3 PTOs with the approval of authority not lower than DRM.

Entitlement and Restrictions during Suspension

Railway employee placed or deemed under suspension is :-

  • Paid subsistence allowance.
  • Not allowed to perform duty.
  • Not paid salary.
  • Not granted leave.
  • Allowed to avail Hospital treatment.
  • Not permitted to leave Headquarters without permission.
  • Considered for promotions to selection/non-selection posts, but promoted after revocation/ finalization of the case.
  • To surrender RCP/DCP.
  • Allowed RTF, Educational assistance, School pass etc.
  • Allowed to retain quarters.
  • Permitted to attend PNM.

Subsistence Allowance

Subsistence allowance is equal to half pay leave salary + DA

It can be revised after 90 days

It can be increased/decreased by 50% in the review

Rule 6 : Penalties

Minor Penalties.

(i) Censure :
(ii) Withholding of Promotion for a specific period.
(iii) Recovery From Pay of Pecuniary loss caused to Government   by   negligence or breach of orders.
(iiia) Withholding of Privilege Passes or Privilege Ticket Orders or  both
(iiib) Reduction to a lower stage in time scale of pay by one stage for   a period  not exceeding three years, without cumulative effect  and   not  affecting 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.
(v) Major Penalties.{ Save as otherwise provided for in clause (iii b) }reduction to a lower stage in 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 increment of his pay.
(vi)  Reduction to a lower time scale of pay, grade, post or service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Railway servant during such specified period to the time-scale of pay, grade, post or service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period -(a) the period of reduction to time scale-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and(b) the Railway servant shall regain his original seniority in the higher time scale of pay, grade, post or service;
(vii)(viii)(ix) Compulsory retirement:Removal from service:Dismissal from service:

Rule 7: Disciplinary Authorities.

The Disciplinary Authority in the case of 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.

Disciplinary Authority means –

in relation to the imposition of a penalty on a Railway servant, the authority competent, under this rules, to impose on  him that penalty;

In case of Gazetted servant, an authority competent to impose any of the penalties specified in Rule 6;

In case of Non-Gazetted servant, an authority competent to impose any of the Major penalties specified in Rule 6; ( for issue major penalty )

In case of Non-Gazetted servant, an authority competent to impose any of the   penalties specified in Rule 6; ( for issue minor penalty )

Rule 8 : Authority to institute proceedings.

Competent Authority

01 Senior supervisors incharge of Rs 4500-7000 and above Group D and Gr.C three grades below.
02 Asst. Officers. (Jr Scale and Gr B) Group D and Gr.C staff in scale up to and including 5000-8000.
03 Sr. Scale officers and Asst. officers (Jr Scale and Gr B holding independent charge) Group D and Gr.C staff in scale up to and including 5500-9000.
04 JAG, Senior scale officers holding independent charge of a Dept / Divn & above Group D and Gr.C staff

( B )

(vii)  * Compulsory retirement:

(viii) * Removal from service:

(ix)   * Dismissal from service:

Competent Authority #

01 Jr Scale / Asst officer All Group D post
02 Senior Scale Group D & Group C up to 5000 – 8000 (5th PC) only.
03 SG / SAG Group D & Group C up to 5500 – 9000 (5th PC) only.
04 DRM/ADRM/JAG Group D & Group C up to 7450 – 11500 (5th PC) only.
05 PHOD / HOD Full powers.

( * Major penalty )

(# Appointing Authority or an authority equivalent rank or any higher authority )

GAZETTED  CASES.

Authority Class of Rly.Officer Power Appellate Authority.
GENERAL MANAGER Group “A” Suspension and the penalties specified in clauses (i),(iii), (iiia),(iiib) & (iv) of Rule 6 in the case of officers up to and including Selection Grade officer of JAG PRESIDENT
Group “B” Suspension and the penalties specified in clauses (i),(ii),(iii), (iiia),(iiib) & (iv) of Rule 6 RAILWAY BOARD
PRINCIPAL HEADS OF DEPARTMENT Group “A” Suspension and the penalties specified in clauses (i),(ii),(iii), (IIIa),(iiib) & (iv) of Rule 6 in the case of officers in Junior Scale. GM
Suspension and the penalties specified in clauses (i),(ii),(iii), (IIIa),(iiib) & (iv) of Rule 6 GM

Group ‘B’ officers who are officiating in Senior Scale or are in Senior Scale on Adhoc basis, for the purpose of Railway Servants (D&A) Rules 1968, are to be treated as Group ‘A’ officers. Ref: RBE No.106/2005: No. (E9D&A) 2005/RG 6-19 dated 24-06-2005) 

Disciplinary powers of Principal Heads 0f the Departments under this Schedule shall also be exercised by the co-ordinating Heads of the Departments or by the Heads of the departments in Senior Administrative Grade who are in independent charge in their respective departments. 

Impact of penalties on promotion.

Penalty calling of selection promotion
(1) (2) (3)
(i) Censure may be called may be promoted
(ii) Stoppage of promotion may not be called not to  be promoted
(iii) Recover loss may be called may be promoted
(iv) Withholding of Passes/PTO -do- -do-
(v) Withholding of increment -do- not to  be promoted during the penalty
(vi) Reduction to lower stage -do- -do-
(vii) Reduction to lower time scale etc. may not be called -do-

Procedure for imposition of  Minor and Major penalties.

Preliminary consideration by D.A to determine whether there is prima facie ground to contemplate DAR action.

Minor   penalties :-

Charge memorandum (SF-11) is issued. Along with the  Charge sheet, imputation of misconduct should be mentioned.

  • On receipt of the Charge Sheet, the charged official should submit defence statement within 10 days.
  • D A should consider the defence statement and should record whether he accepts the defence or not.
  • If the defence statement is not submitted in time, the case can be dealt ex-parte.
  • If the defence statement is not accepted, reasons in the form of speaking order is recorded and a particular minor penalty is also specified for imposition.
  • Penalty advise in the prescribed form is served to the charged official duty incorporating the speaking order and specifying the appellate authority and time allowed for the appeal (45 days).

Major Penalties :-

  1. The charged official is given a copy of the charge sheet in the prescribed proforma along with a statement of imputations of misconduct, list of documents relied upon to prove the charges and a list of witnesses by whom the charges are proposed to be sustained.
  2. The charged official is given reasonable time to submit his defence.
  3. On receipt of the defence, an enquiry is held in respect of the charge not admitted.
  4. The DA himself may inquire or may appoint an Inquiry Officer to inquire the charges.
  5. Presenting officer is appointed in important vigilance or CBI or SPE cases for presenting the case on behalf of the administration.
  6. The charged official may be permitted to avail the assistance of another Railway servant serving or retired from the same Railway or a recognized trade union official to present the case on his behalf.
  7. The charged official is also permitted to inspect the documents specified in the list of annexure to the charge sheet, and any other document relevant to the case.
  8. In the inquiry the witness of both sides are examined, cross-examined and if necessary re examined.
  9. After the examination of witnesses the charged official may state his defence orally or in writing. Oral defence should be recorded and got signed. A copy of the defence should be given to the Presenting officer.

10.  If the charged official has not examined himself, the Inquiry officer should generally examine him to enable him to explain the circumstances appearing in the evidence against him.

11.  The entire proceedings should be recorded and got signed at every page by all concerned, (i.e) the charged official, Inquiry officer and the witnesses involved.

12.  If the charged official does not attend the enquiry it should be conducted ex-parte and all the stages of the enquiry have to be passed through.

13.  The Inquiry Officer should hear the arguments of both sides or permit them to file written briefs. He should first take the brief from the presenting officer, supply a copy of the same to the charged employee to take the reply brief of the latter.

14.  On completion of the inquiry, the enquiry officer should send copy of enquiry proceedings in the form of a report along with his findings.

15.  The enquiry report should contain:

  • The articles of charge and the statement of imputations of misconduct or misbehavior.
  • The defence of the Railway servant in respect of each article of charge.
  • Assessment of the evidence in respect each article of charge and;
  • The findings on each article of charge and the reasons thereof.

16.  The DA may accept the findings of the Inquiry Officer or disagree and record his findings on the basis of the evidence on record and make a final order as deems fit.

If the DA is Competent to impose only any one of the minor penalties, having regard to his decision and the findings, is of the opinion that a major penalty is to be imposed, the records of the Inquiry are forwarded to the higher competent Disciplinary Authority for taking a decision.

Appeal  ( Rule 24)

(1)  The Appeal against punishment lies to the Appellate Authority, who is usually       the next higher authority to whom the Disciplinary Authority is subordinate.

(2)  The limitation is a period of 45 days from the date of order of punishment.

(3)  A single person should appeal in his own case, addressed to the Appellate

Authority and should not be in a disrespectful or improper language.

(4) The Appellate Authority may (i) set aside, (ii) reduce, (iii) confirm,(iv) enhance        the penalty. In case of enhancement, a reasonable opportunity will be given

to make a representation.

(5) Normally there is no second appeal.

Special Provision in Rule 24 for Non Gazetted Staff.

Group C & D staff who are dismissed, removed, or compulsorily retired from service after disposal of their appeal and within 45 days, may apply for revision to GM, or DRM or Senior most Administrative Office

Revision:

(1)   The revising authority should not be below the rank of a junior administrative grade officer.

(2)   The appellate authority may become  revising authority if no appeal is made.

(3)   No revision can be made after more than 6 months of the date of order to be revised, if it is proposed to enhance the penalty or modify it to the detriment of the employee. It will not be made after more than one year if the penalty was to be reduced or cancelled. These time limits do not apply if revision was to be made by President, Ministry or Chief Executive.

Minor penalty cases – Inquiry as for major  must be held in certain cases.

(a) If the increment is to withheld for permanently ( ie having cumulative effect),

(b) When the increment is to be withheld temporarily for a period exceeding 3

years,

(c)    When the penalty of withholding of increment is likely to affect adversely the  pension.

Unauthorized absence / Missing distinction :-

Where action  was initiated against an employee for an unauthorized absence who could not be traced despite best efforts of Police, he shall be presumed as dead under Section 108 of evidence Act.  The Disciplinary action initiated shall be considered as on invalid ground and be annulled by the Disciplinary Authority. If penalty has been ordered the annulment may be done by Appellate / Revisionary Authority. After dropping the action, other benefts as due like leave encashment, salary dues, retirement benefits, compassionate ground etc may be extended.

Communication of orders:-

The order of punishment shall be communicated to the delinquent Railway servant on a punishment notice, under the signature of the Disciplinary Authority himself who has passed the orders imposing the penalty.

Delivering the charge sheet :-

The Charge sheet should be served either in person or through registered post. If the impugned officer is on leave or absconding the charge sheet must be sent by registered post to his permanent address and or his last known address intimated by him. If returned undelivered it can be deemed as good service.

Ex- parte enquiry:-

If a Railway servant to whom a copy of the article 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 before the inquiry authority or other wise fails or refuses to comply with the provisions of this rule, the inquiring authority may  hold the inquiry ex-parte.

Re- employment of Dismissed / Removed / CR cases.

Rule 402 IREC Vol I does not forbid the competent authority to order re-employment of a dismissed / removed/ compulsory retired Railway employee.

Review:

Where a new fact comes to notice which is likely to affect substantially the decision in the case, the President of India may review the case, vide provision in the Rule 25. President may make his review at any time on his own motion or on a reference made to him. He may pass any orders as deemed fit. If it is decided to enhance the penalty, a reasonable opportunity will be given to the employee to submit his representation.

Admitted charges:-

In respect of charge/charges admitted by the delinquent employee without any qualification, no inquiry may be held.

Photostat / Typed copies of all the Relied Upon / listed Documents would be forwarded along with the charge sheet, where ever it may be possible. This will not, however, effect the right to inspect the original.

Disciplinary Authority for transferred employee: When an employee has been transferred from one station, division, railway to another station, division, railway and released from such place, the disciplinary authority for the purpose of shall be authority under whose control he has been transferred and not the old one.

Dropping of charges after receiving the written statement of defence:

Disciplinary Authority has the inherent power to review and modify the articles of charge, or drop some of the charge or all the charges after the receipt of written statement of defence submitted by the accused Rly servant.

Proceedings after Retirement:

Where disciplinary proceedings had been initiated against an employee while he was in service, these may be continued and finalized after his retirement by the same authority. The final settlement dues, will be paid on finalization of the case.

In case proceedings were not initiated during his service, the same can be initiated after his retirement with the permission of the President. It should not relate to an event which took place more than 4 years before the new date  of initiating the case.

Criminal cases and departmental proceedings –

It is not necessary to stop proceedings only because a criminal case is pending in a court of law on the same charges. Each case can be considered individual on its facts and circumstances. However, if the employees obtain a stay order of proceedings from the court, the proceedings are to be suspended.

Simultaneous prosecution and departmental proceedings-

There is no legal objection to initiate simultaneously departmental proceeding against Govt Servant against whom criminal proceedings are going on. However, keeping in view the possibility that steps which may be taken by disciplinary authority may prejudice the accused in his defence in the court, it may be appropriate to wait for the result of the criminal proceedings. In other words, while the proceedings may be initiated, it would be safer to stay the same till the criminal proceedings are concluded.

Review of decision taken in the departmental proceedings on the acquittal in a Court on the same charge-

If the facts, circumstances and the charges in the departmental proceedings are exactly identical to those in the criminal case and the employee is exonerated / acquitted in the criminal case on merit (without benefit of doubt or on technical grounds)  the departmental case may be reviewed if the employee concerned makes representation.

Action if Appeal is filed-

Competent disciplinary authority may proceed with the institution/completion of disciplinary proceedings, including imposition of the penalty as prescribed in the relevant disciplinary rules, on the basis of convection imposed on a public servant by a criminal court, not withstanding the fact that a higher court on an appeal filed by the public servant concerned, may order suspension of the “sentence” passed by the trial court till the final disposal of the appeal.

No second Appeal :-

No further appeal lies against the order of the appellate authority (i) upholding the penalty already imposed, or (ii) reducing the penalty already imposed.

However where the penalty has been enhanced by the appellate / Reviewing authority second appeal shall lie against the enhanced penalty already imposed.

When a penalty already imposed is enhanced on appeal by the appellate Authority, a second appeal shall automatically lie on.

Appellate Authority as Revising Authority :-

In cases, where the appellate authority acts as Reviewing ( revising) authority, within the prescribed time limit, there is no objection for the appellate authority to act as Reviewing ( revising) authority, even after the employee’s transfer to another Railway / Division.

Review ( revising) one’s own orders :-

An authority, even if he is otherwise a competent to revoke an order, cannot revise order passed by itself.

Appeal wrongly addressed:-

A benevolent attitude should be taken and the employee concerned advised immediately to correct the address etc. if necessary. The employee may be either called in office or services of Welfare Inspectors utilized for getting necessary corrections made.

Ineffective punishment and remedy therefore-

The Disciplinary Authority must make sure before ordering punishment of stoppage of increments that the staff concerned has scope to earn those increment, ie he is not at the maximum of the grade. In such a case, the case should be referred back to the Disciplinary Authority, who may cancel the original punishment, review his own order and impose a fresh one.

Reduction to lower time scale and fixing at lower stage:

An employee was reduced to lower scale and his pay was also fixed at minimum of the grade. It is clarified that, there is nothing wrong in it and it cannot be taken as dual jeopardy / double punishment.

Recovery from pay-

It must be ordered only when the loss caused has been quantified and liability has been finally fixed. The exact amount to be recovered must be indicated in the order. The installments may be fixed in consultation with the delinquent so as to be neither too harsh nor too easy. The balance amount can be recovered DCRG.

Penalty of Recovery from pay  of the  loss caused by railway servant can be imposed in addition to another penalty.

Recovery from pay  of the  loss caused to the Government by negligence or breach of orders any one of the penalties specified in clause (i), (ii), (iii)(a), (iv), (v) and (vi) of Rule 6 of RS(D&A) 1968  can be imposed.

Stoppage of Passes.

This is comparatively a much lighter penalty. It should be issued in terms of number of sets of passes / PTOs rather than period.

Post retirement passes cannot be stopped under DAR.

Removal of temporary employee.

It would not be correct to remove a temporary employee from service for the reasons of unauthorized absence. He should be afforded an opportunity under D&A Rules before being removed from service.

However this Rule will not apply to the casual labour with temporary status who have not been absorbed on regular basis.

Transfer of delinquent –

When after issue of charge sheet, the employee is transferred under the control of another disciplinary authority, the new disciplinary authority need not start de novo proceedings and carry on from the point where the transfer was effected.

Disciplinary Authority for transferred employees-

Where an employee has been transferred from one station , division or railway to another station , division or railway and relieved, the Disciplinary authority shall be the authority under whose control he has been transferred and not the old one.

Officers performing current duties of a post cannot exercise statutory powers under DAR.

Authority competent to conduct departmental inquiry where fact finding inquiry is held.-

Except in cases of accident cases, audit reported cases & SPE /Vig cases, the disciplinary action should not to be entrusted to an officer lower in status than that of the officer, who conducted the fact finding inquiry.

Change of Inquiry Officer-

Whenever a Inquiry Officer is changed, a fresh appointment order should be issued.

No reduction is to be ordered to the post below to which one was recruited.

Safety related disciplinary cases:

Consultation with the Safety department is an essential requirement wherever disciplinary / appellate/revisionary authority disagrees with the view of the safety department in safety related disciplinary cases.

Status of the disciplinary case in the event of death of the charged official.

The question whether the disciplinary case initiated against a Railway Servant under the Railway servants (Discipline and Appeal) Rules, 1968 could be closed in the event of death of the charged official during the pendency of the proceedings, has come up for consideration of this Ministry on quite a few occasions in the recent past. It is clarified that the disciplinary proceedings should be closed immediately on the death of the charged Railway servant.

Promotion when penalty of withholding of increment is imposed.

If a Railway Servant become due for promotion after the penalty of withholding of increment or promotion is imposed, he should be promoted only after the expiry of the period of the penalty, provided that where the penalty of withholding of increment became operative from the future date, the person concerned should be in his turn and the penalty should be imposed in the promotional grade for the same period of punishment.

When an employee is held guilty and penalized and consequently not promoted till the date of completion of penalty period cannot be taken as double punishment.

Withholding of increment when one is at the highest of his scale of pay:-

Such a penalty becomes in fructuous as it cannot be implemented.

Two or more penalties of withholding of increment:-

The employee who is punished with withholding of increments temporarily for a specific periods in more than one case separately, should be restored to the next stage in the time scale after expiry of the first punishment. The next penalty of withholding increment will be implemented on restoration of the earlier penalty.

Seniority of the employee on Withholding of increment

Withholding of increment whether with or with out cumulative effect will not have the affect the seniority of the employee concerned, unless the penalty provides for loss of seniority.

Holding Inquiry is mandatory- if it is proposed to withhold increments of pay for a period exceeding 36 months, or withhold increments of pay with cumulative effect, or withholding of  increments of pay is likely to   adversely effect the amount of pension.

Adequacy of Punishment:-

Tribunal cannot interfere the findings of the Enqiry Officer or the competent authority so far as the quantum of the punishment. The court has no powers to substitute its own decision over that of the Disciplinary Authority.

Conducting of departmental inquiries in Hindi:-

The principal of natural justice requires that the delinquent employee must have reasonable opportunity of defending himself and he is unable to understand English, the statement of allegations may be supplied to him in Hindi and the Inquiry Officer should also explain to the delinquent employee in a language known to the delinquent in a language known to the delinquent the purport of the proceedings.

Personnel Branch Officers not to issue charge sheet to others.

It would not be correct for Personnel Branch Officers not to issue charge sheet and impose penalties on staff who are not under their administrative control even in connection with irregularities in the matter of Passes, Quarters etc.

Dropping of charges after receiving written statement of defence:-

The Disciplinary Authority has the inherent power to review and modify the articles of charge, or drop some of the charges or all the charges after receipt of written statement of defence submitted by the accused Railway servant.

The charges made against the delinquent must be specific and not vague.

No person who has been dismissed from Government service or convicted for a criminal offense shall be re-employed, without the sanction of the President, or if the employment or re-employment is to a Group C or D post, without the sanction of the General Manager.

Speaking order:- While imposing any of the penalties laid down in D&A Rules, speaking orders indicating a particular penalty, must be passed.

The same procedure should be adopted by the appellate authority while passing orders on appeals.

Orders recorded in file are final:

The decision recorded on the file by the Authority, even if not communicated, shall be final and cannot be changed by that Authority himself or by his successor-in office. The decision taken by the disciplinary authority ( other than the Head of the state) is a judicial decision and once it is arrived, it is final.

Communication of orders:

If a decision recorded on the file could not be communicated to the charged official by the authority who had recorded the said decision, the successor disciplinary authority will merely act as in the role of a communicator of the decision already taken by his predecessor

Facility of Passes, Traveling Allowance to the accused Railway Servant and their assisting persons for attending before Inquiring Authority.

For attendance before inquiry authority -

Accused Railway Servant Eligible for Passes and TA.
Accused Railway Servant under suspension Eligible for Passes and TA.Rule 319 –RI (1668 of 1987 edn)
Assisting Railway Servant Eligible for Passes and TA.Rule 316 –RI (1667 of 1987 edn)

For inspection of Relevant Official Records

Accused Railway Servant Eligible for Passes and TA.
Accused Railway Servant under suspension Eligible for Passes and TA.will be decided on reinstatementRule 2044 –RII (1343 of 1987 edn)
Assisting Railway Servant Eligible for Passes and Special Casual Leave. No TA / DA.eligible
Retired servant to assist Railway Servant Eligible for Passes
Retired Railway officers as Inquiry Officer Eligible for Passes, TA

Passes to Railway Servant prosecuted by SPE/Police to attend court of Law.

Accused Railway Servant Not admissible for Passes and TA. Such facilities are eligible in departmental cases only. Bd’s letter No. E(D&A) 64 RG 6-22 dated 23-07-1966 & E(D&A) 78 RG 6-6 dated 10-07-1976.

Every person, whether he is A Railway Servant, Central or State Government or not, who is called to give evidence in a departmental inquiry, either the Railway Administration or the Railway Servant against whom the inquiry is being held, shall be entitled to payment of traveling and other expenses .

Spot payment to public witness

In order to encourage public witness to attend and help expeditious finalisation of inquiries, the inquiry officer may make payment to them on spot according to the status of the person in public life subject to maximum of Rs 25/-e subject to maximum of Rs 25/- day. The payment may be made from station collection.

For payment of higher rate , approval of DRM/HOD should be taken as per rule 343 RI ( 1696 of 1987 edn)

Standard Forms for use in Disciplinary Proceedings

Form No.                                   Description

  1. Order of Suspension under Rule5(1)
  2. Order of Deeming a Railway servant under suspension under Rule5(2)
  3. Certificate to be furnished by Suspended Official under Rule 2043 (I)-R II
  4. Order of revocation of Suspension under Rule 5(5)( c)
  5. Charge sheet for Major penalty under Rule9
  6. Refusing of permission to inspect Documents.
  7. Appointment of Inquiry/Board of Inquiry.
  8. Appointment of Presenting Officer.
  9. Not printed.
  10. Disciplinary Action in common proceedings

10.      (a) Appointment of Enquiring Authority in common proceedings.

(b)Appointment of Presenting Officer in common proceedings

  1. Memorandum of charge for imposing minor penalty

(b)Charge-sheet for initiation on Minor penalty proceedings in cases where Disciplinary Authority decides to hold inquiry under Rule11(1)(b)/11(2)

(c ) Taking disciplinary action for minor penalty where

charge sheet for major penalty was initially issued.

  1. Memorandum where action is proposed under Rule14 (i)
  2. Standard form of sanction under Rule 2308 R II
  3. 14. Standard form of charge sheet for proceedings under Rule 2308 R II   

                                                                               * * * * * * *

Extract of Schedule III of RS(D&A) Rules 1968.(GAZETTED  CASES).

   Authority

Class of Rly.Officer

Powers

  Appellate     Authority.

GENERAL MANAGER

Group “A”

Suspension and the penalties specified in clauses (i),(ii),(iii), (iii a),(iii b) & (iv) of Rule 6 in the case of officers up to and including Selection Grade officer of JAG

 

 

  PRESIDENT

Group “B”

Suspension and the penalties specified in clauses (i) to (vi) of Rule 6

RAILWAY        BOARD

PRINCIPAL HEADS OF DEPARTMENT

Group “A”

Suspension and the penalties specified in clauses (i),(ii),(iii), (iii a),(iii b) & (iv) of Rule 6 in the case of officers in Junior Scale.

   GENERAL   MANAGER

  Group “B”

Suspension and the penalties specified in clauses (i),(ii),(iii), (iii a),(iiib) & (iv) of Rule 6

   GENERAL  MANAGER

Group ‘B’ officers who are officiating in Senior Scale or are in Senior Scale on Adhoc basis, for the purpose of Railway Servants (D&A) Rules 1968, are to be treated as Group ‘A’ officers. Ref: RBE No.106/2005: No. (E9D&A) 2005/RG 6-19 dated 24-06-2005) 

Disciplinary powers of Principal Heads 0f the Departments under this Schedule shall also be exercised by the co-ordinating Heads of the Departments or by the Heads of the departments in Senior Administrative Grade who are in independent charge in their respective departments. 

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