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STANDARD FORMS USED IN D&A R 1968

September 16, 2011

STANDARD FORM NO1.

Standard Form of Order of Suspension

Rule 5(1) of the RS (D&A) Rules, 1968

No

                                                                                         Place                                                                                                  dated.

O R D E R

Whereas disciplinary proceeding against

Shri…………………………………….       ……………………………………

…………………………………………       ……………………………………

(Name and designation of the   Railway servant ) is contemplated  / Pending

Whereas disciplinary proceeding against     Whereas a case against Shri………

Shri…………………………………….       ……………………………………

…………………………………………       ……………………………………

(Name and designation of the Railway servant in respect of whom a criminal

offence is under investigation/inquiry/ Trial.)

Now, therefore, the undersigned ( the authority competent to place the Railway servant under suspension in terms of the Schedules II and II appended to Rs. (D&A) Rules, 1968/an authority  mentioned in proviso to (Rule 4 of the RS (D&A) Rules, 1968) , in exercise of the powers conferred by Rule 4/ proviso to Rule 4 of RS. (D&A) Rule, 1969, hereby places the said Shri…………………. under suspension with immediate effect/with effect from……………………….

It is further ordered that during the period  this order shall remain in force, the said Shri …………………………..shall not leave the headquarter without obtaining the previous permission of the competent authority.

Signature…………………………..

Name ……………………………..

……………………………………

                                                                  (Designation of the suspending

                                                                         authority)

Copy to :

Shri …………………………

(Name and designation of the suspended Railway Servant)

Orders regarding subsistence allowance admissible to him during the period of suspension ill issues separately.

*********************************************************************************

STANDARD FORM NO.2

 (Standard Form for Deeming Railway servant under Suspension Rule 5(2) of RS (D&A) Rules, 1968)

 No                                                                                        Place

 

O R D E R

Whereas case against Shri ……………………………………………..

(Name and designation of the Railway servant)

In respect of criminal offence is under investigation.

And whereas the said Shri …………………………………………………………………was detained in custody on …………………………………….for a period exceeding forty-eight hours.

Now, therefore the said Shri…………………………………………………………..is deemed to have been suspended with effect from the date of detention i.e. the ……………………………. In terms of Rule 5(2) of(D&A) Rules, 1968 and shall remain under suspension until further orders.

                                                                               Signature……………………….

                                                                              Name ……………………………

                                                                             …………………………………

(Designation of the suspending

authority).

Copy to:

Shri…………………………………………………………….

(Name and designation of the suspended Railway servant)

Orders regarding subsistence allowance admissible to him during the period of suspension will issue separately.

………………………………………………………………………………………………….

STANDARD FORM No.3

{Standard Form of Certification to be furnished by Suspended Official  under Rule 2043(2) R-II ( Rule 1342(2) 1987 ed}

I  __________________________ _____ ( Name of Rly Servant)

having been placed  under suspension by Order No. __________________  dated ____________   while holding the post of __________   do hereby certify that I have not been employed in any business, profession, or vocation for profit/ remuneration / salary.

Signature

Name of Rly Servant

Address

Date

——————————————————————————————————-


STANDARD FORM NO.4

 Standard Form of Order for Revocation of Suspension Order

Rule 5(5) (c) of RS (D&A) Rules, 1968

No

                                                                                            Place                                                                                                                                                                                                date .

                                                                                     O R D E R

Whereas the order placing Shri…………………………………….

(Name and designation of the Railway servant)

 under suspension was made/was deemed to have been made by ………………………

on………………………..

 Now, therefore, the undersigned (the authority which made or is deemed to have made the order of suspension or any other authority to which that authority is subordinate) in exercise of the powers conferred by Clause (c) of sub-rule (5) of Rule 5 of the RS (D&A( Rule, 1968, hereby revokes the said order of suspension with immediate effect with effect from…………………….

Signature……………………….

Name …………………………..

…………………………………

(Designation of he authority

making this order)

Copy to :

Shri…………………………………..

(Name and designation of the suspended Railway servant)

Address………………………………………………………….

……………………………………………………………………

 ————————————————————————————————————

STANDARD FORM NO. 5

Standard Form of Charge-sheet

(Rule 9 of Railway Servants (Discipline and Appeal) Rules, 1968)

 No

                                                                                                                           Place     &    dated.

M E M O R A N D U M

1.The undersigned proposes to hold an inquiry against Shri ………………………….Design..____________ Under Rule 9 of Railway Servants (Discipline and Appeal) Rules, 1968. The substance of the imputations of misconduct and misbehavior in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure I). A statement of the imputations of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure II).  A list of documents by which and a list of witnesses by whom, the articles of charges are proposed to be sustained are also enclosed (Annexure III & IV).  Further, copies of documents mentioned in the list of documents, as per Annexure III are enclosed.

  1. _________________-       _is hereby informed and if he so desires, he can inspect and take extracts from the documents mentioned in the enclosed list of documents (Annexure III) at any time during office hours within ten days of receipt of this memorandum. For this purpose he should contact the undersigned immediately on receipt of this memorandum.
  1. _______________- is further informed that he may, if he so desired, take the assistance of another Railway servant (who satisfies the requirements of Rule 9(13) of the Railway Servants (Discipline and Appeal) Rules, 1968, and Note 1 and/or Note 2 thereunder as the case may be) for inspecting the documents and assisting him in presenting his case before the Inquiring Authority in the event of an oral inquiry being held.  For this purpose, he should nominate one or more person/s in order of preference.  Before nominating the assisting Railway servant(s) _______________ should obtain an undertaking from the nominee(s) that he (they) is (are) willing to assist him during the disciplinary proceedings.  The undertaking should also contain the particulars of other case(s) if any, in which the nominee(s) had already undertaken to assist and the undertaking should be furnished to the undersigned alongwith the nomination.
  2. _____________is hereby directed to submit to the undersigned a written statement of his defence within ten days of receipt of this Memorandum, if he does not require to inspect any documents for the preparation of his defence, and within ten days after completion of inspection of documents if he desires to inspect documents, and also

(a)               to state whether he wishes to be heard in person; and

(b)               to furnish the names and addresses of the witnesses if any; whom he wishes to call in support of his defence.

  _______________is informed that an inquiry will be held only in respect of those articles of charge as are not admitted.  He should, therefore, specifically admit or/deny each article of charge.

  1. __________________is further informed that if he does not submit his written statement of defence within the period specified in para 2 or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968, or the orders/ directions issued in pursuance of the said rule, the inquiring authority may hold the inquiry ex parte.
  1. The attention of _____________ is invited to Rule 20 of the Railway service (Conduct) Rules, 1966 under which no railway servant shall bring or attempt to bring any political or other influence to bear upon any superior authority to further his interests in respect of matter pertaining to his service under the Government.  If any representation is received on his behalf from another person in respect of any matter dealt within these proceedings, it will be presumed that ______________________ is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of Rule 20 of the Railway Services (Conduct) Rules, 1966.
  1. The receipt of this Memorandum may be acknowledged.


Signature:

                                                                                                 NAME

DESIGNATION

OF THE OFFICER ISSUING

 __________

(Name and designation of the employee)

through _______________

                                                                                                                                                        ANNEXURE I

statement of articles of charges framed against shri. …………… ……… ………..    ( Name and Designation)

Signatures ………………………….

Name  ………………………………

Designation….

—————————————————————————————————————

ANNEXURE II    

statement of imputations of misconduct   in support of the articles of charges framed against shri. ……………… ……………..                                 ( Name  and Designation)

                                                                   Signatures ………………………….

Name  ………………………………

Designation….

     ——————————————————————————————————  -

ANNEXURE II    

List of documents by which the articles of charges are proposed to be sustained.

                                                                   Signatures ………………………….

Name  ………………………………

Designation….

 ——————————————————————————————————————–

STANDARD FORM No.7

Standard Form of order relating to appointment of Inquiry Officer

[Rule 9(2) of RS (D&A) Rules, 1968]

                                                                                                                             .

No.                                                                                                        Place

Date

O R D E R

WHEREAS an Inquiry under Rule 9 of the Railway Servants (Discipline and Appeal) Rules. 1968 is being held against  Shri————–

 

AND WHEREAS the undersigned considers that an Inquiry Officer should be appointed to inquire into the charges framed against him.

NOW, THEREFORE, the undersigned, in exercise of the powers conferred by sub-Rule (2) of the said Rule, hereby appoints Shri.                                 ,  as Inquiry Officer to inquire into the charges against the said Shri. 

Signature:-

Name:-                  

Designation of the

    Disciplinary Authority

            ——————————————————————————————–

STANDARD FORM No.8

Form for appointment of Presenting Officer

[Sub-rule (9) (c) of Rule 9 of RS (D&A) Rules, 1968]

 

No.                                                                                                Place

Date

  O R D E R

WHEREAS an Inquiry under Rule 9 of the Railway Servants (Discipline and Appeal) Rules. 1968 is being held against  

AND WHEREAS the undersigned considers it necessary to appoint a person to present the case in support of the charges before the Inquiring Authority.

NOW, THEREFORE, the undersigned, in exercise of the powers conferred by sub-Rule (9) (c) of Rule 9 of RS (D&A) Rules, 1968, hereby appoints  Shri                              ,   as Presenting Officer to present the case in support of the charges before the Inquiring Authority.

Signature:-

Name and Designation of the }                  

                                                          Disciplinary Authority  }

       ————————————————————————————————————-

   STANDARD FORM NO. 11

Standard Form of Memorandum of Charge for Imposing Minor Penalties

(Rule 11 of RS (D&A) Rules, 1968)

                                                                                                  place                                                                                                         date

MEMORANDUM

  1. Shri /Smt_________________________________________.(Name, designation and office in which working) is hereby informed that the undersigned proposes to take action against him under Rule 11 of the Railway Servants (Discipline and Appeal) Rules, 1968.  A statement of the imputations of misconduct or misbehaviour on which action is proposed to be taken as mentioned above, is enclosed.
  1. Shri /Smt__________________________ is hereby given an opportunity to make such representation as he may wish to make against the proposal.  The representation, if any, should be submitted to the undersigned so as to reach within ten days of receipt of this Memorandum.
  1. Shri /Smt__________________________fails to submit his representation within the period specified in para 2, it will be presumed that he has no representation to make and orders will be liable to be passed against Shri /Smt__________________________
  2. The receipt of this Memorandum should be acknowledged by

Signatures ………………………….

Name  ………………………………

Designation….                                      .

To,

Shri /Smt__________________________

ANNEXURE

statement of imputations of misconduct or misbehaviour in support of articles of charge framed against shri. ……………………………..                                 ( Name and Designation)

Signatures ………………………….

Name  ………………………………

Designation….

————————————————————————————————————-

 

PROFORMA FOR FORWARDING DISCIPLINARY CASES TO THE UNION PUBLIC SERVICE COMMISSION

1 Name of charged officer and the service on which borne
2 (i)  Whether temporary/

permanent/  contract service.

(ii) If confirmed, date of

confirmation

(iii) Post if any in which quasi-

permanent

3 Post held substantively, if in permanent service
(a)   Designation
(b)   Scale of pay (indicating

stages, EB etc.)

(c)   Pay drawn
(d)  Date from which pay shown against (c) drawn
(e)   Date of increment
4 Post held at present
(a)   Designation
(b)   Scale of pay (indicating

stages, EB etc.)

(c)   Pay drawn
     (d)     Date from which pay shown a           against (c) drawn
(a)                                                     (e)    Date of next increment

(b)

5 The next lower post (along with pay scale)/grade, the officer would have held but for his appointment to the present post he is holding.
6 Date of Birth
7 Date of joining Govt. Service
8 Due date of retirement or actual date of retirement, if already retired
9

#

(a) Amount of monthly pension admissible/sanctioned
(b)(i)Amount of gratuity admissible
    (ii)Amount of gratuity

sanctioned

# This information is required only in respect of cases of

recovery from or withholding of  pensionary benefits)

10 (a) Appointing authority in respect of the post held at present, or the authority which actually appointed the person, if that authority is higher.
(b)Authority competent to

impose the penalty in respect of the post held at present.

  (c) Appellate authority in    respect of the post held at present.
11 Whether an oral inquiry, if required under the rules, has been held .
12 Name and designation of the Inquiry Officer, appointed, if any.

 

PART II : DETAILS OF CASE RECORDS

(All the records are required to be arranged and cross-referenced, as indexed below and page numbers of the file/  folders to be indicated against each item.)

A – ORIGINAL CASES.

(Where the Central Government or the State Government  is the Disciplinary Authority and an order of penalty   is to be passed for the first time)

Item ‘Reference/comments
(a)

(b)

Complaint, if any, received by the authorities

(i) Report of the preliminary enquiry, if any, held in the matter leading to the institution of formal disciplinary proceedings against the Charged Officer (together with depositions recorded)

 (ii)Order of suspension/ revocation of suspension , if any.
(c) Order, if any of the competent authority for joint/ common proceedings where two or more Govt. servants are involved.
(d) (i)Charge sheet together with the statement of ‘ imputations along with enclosures.
(ii) Records of delivery of chargesheet to the charged officer.
(iii)             Whether the Charge sheet issued as per the Rules.
(e) Reply of the Charged Officer
(f) A note from the Disciplinary Authority explaining the factual or procedural points, if any, raised in the Charged Officer’s reply in minor penalty cases where no enquiry has been held.

( Indicate reference s in terms of page numbers, file numbers folders etc. Do not leave any column blank, if document is not enclosed, indicate reasons.)

 

 (g) Order of the disciplinary authority appointing the Inquiry Officer.
(h) Order of the disciplinary authority appointing the Presenting Officer
(i) Daily Order Sheet maintained by the Inquiry Officer, indicating the progress of oral inquiry.
(j) Correspondence of the Inquiry Officer, if any, with the disciplinary authority or the Charged Officer
(k) Depositions – oral statements, recorded from prosecution witnesses and defence witnesses
(i)Statement of defence of the charged Officer
(ii)General examination of the Charged Officer.
(iii)Whether copies of relevant documents have been supplied to the Charged Officer
(iv) Exhibits

(a) Prosecution

(b) Defence

(l) Written brief, if any, submitted by the Presenting Officer
(m) Whether a copy of brief of Presenting Officer supplied to the Charged Officer.
(n) Written brief, if any, submitted by the Charged Officer
(o) Inquiry Officer’s report.
(p) (i)Whether Inquiry Officer’s report provided to the charged officer.
(ii) Whether disagreement of the Disciplinary Authority, if any, on the report of the Inquiry Officer communicated to the Charged Officer.
(iii)Representation of the Charged Officer on the findings of the Inquiry Officer.
(iv)Para wise comments of the Disciplinary Authority on the representation of the Charged Officer, if any.
(q) Whether the disciplinary authority has considered the merits of the case and come to the conclusion that a formal penalty is called for

B. APPEAL CASES

(Where the order of penalty has been passed by a subordinate authority   and an appeal lies to the President) (In these cases all the documents listed in (A) should also be sent)

(a) Appeal of the officer concerned
(a)                      Whether appeal has been addressed to the competent authority
(b)                     Comments of the disciplinary authority on the appeal including clarification on procedural points, if any, raised by the appellant.

 

(C) REVISION/REVIEW CASES

indicate references in terms of page numbers, tile numbers folders etc. Do not leave any column blank, if a document is not enclosed, indicate reasons

(i) Whether appeal addressed to the President of India or to some subordinate authorities.

(Where the appellate authority is subordinate to the President and a modification of the appellate order is sought by way of revision/review or where the President has passed the original order)

(In these cases all the documents listed in (A) and (B) should also be sent)

 

 (ii) Whether the approval of the Competent Authority obtained before referring the Case for Commission’s advice.
(a)                        Appellate Authority’s order/President’s order
(b)                        Petition/Memorial submitted by the officer
(c)                         Note indicating the Reviewing Authority’s findings on the charges, detailing the reasons warranting modifications of the penalty already imposed and the .               extent of such modification.
(d)                      Additional comments on the procedural or factual points, if any, raised in petition.

 

(D) PENSION CASES

 

 (a) Order of the President, if any, that the disciplinary proceedings should be instituted/continued under the relevant pension rules.

 

(b) Show cause notice issued to the officer indicating precisely the quantum of cut proposed to be made in his pension and the period for which it shall be operative.
(c) Reply of the officer to the aforesaid notice
(d) Comments on factual or procedural points raised by the officer in his reply

 

E)   GENERAL

(a) Miscellaneous documents regarding evidence such as the exhibits, statements, etc. referred to in (A) to (D) and extracts of relevant Rules, Codes, Manuals, Acts, Judgments etc.
(b) Information/position of disciplinary proceedings instituted against other co-accused officers.
(c) Whether complete and up to date Confidential folder of the officer has been enclosed.

    

Signature

Name in Block letters of Officer}

of signing this statement }

Designation

Telephone No

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