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Right to submit petition to the President

October 3, 2012

                                                Rule 31 of D&A Rule 1968

Right to submit petition 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 Appendex II to the Indian Railway Establishment Code Volume I ( Fifth edition 1985)               .

 APPENDIX II

(Rule 21 of D & A Rules,1968)

INSTRUCTIONS FOR THE SUBMISSION RECEIPT AND TRANSMISSION OF PETITIONS

TO THE PRESIDENT OF INDIA

Part I

PRELIMINARY

1. Definitions.—In these instructions—

(1) “Petition” includes a memorial, representation, letter or an application of the nature

of a petition.

(2) “Prescribed authority” means the appropriate authority specified in he Schedule to

these instructions.

2. Scope of Instructions.—(1) These instructions shall apply to all petitions addressed

to the President by persons who are have been, in employment under the administrative control of the Railway Board in respect of matters arising out of such employment or in respect of the termination of such employment.

(2) These instructions shall not affect any rules or orders made by the President in

respect of representations submitted by associations or Unions of Governments servants.

PART II

FORM AND MANNER OF SUBMISSION OF PETITIONS

3. Form of Petitions.—(1) Every petition shall be legible and may preferably be either

in typescript or in print.

(2) Every petition shall be authenticated by the signature and date of the petitioner and

shall be submitted by him in his own behalf.

(3) Every petition and any document accompanying it shall be in the official language of

the Union or any of the regional languages specified in the Eighth Schedule to the Constitution:

Provided that if a petition or document is in a regional language, a translation thereof in the

official language shall be furnished as far as possible along with such petition or document but no

petition shall be withheld on the ground only for want of such translation.

4. Contents of Petitions.— Every petition shall—

(a) Contain all material statements and arguments relied upon by the petitioner ;

(b) be complete in itself and include a copy of the order complained against, as well as

copies of orders, if any, passed by subordinate authorities ;

(c) contain no disloyal, disrespectful or improper language ; and

(d) end with a specific prayer.

5. Method of submission of petitions.— (1) Every petition shall be submitted to the

prescribed authority through the head of the office or department to which the petitioner belongs or

belonged, and shall be accompanied by a letter requesting the prescribed authority to transmit it to the

President .

(2) The head of the office or department, on receipt of the petition submitted through

him in accordance with sub-instruction (I), shall forward the petition through the usual official

channel, to the prescribed authority, together with a concise statement of the facts, material thereto and all relevant papers, and, unless are special reasons to the contrary, an expression of his opinion thereon.

PART III

WITHHOLDING OF PETITIONS BY THE PRESCRIBED AUTHORITY

6. Circumstances in which petitions may be withheld.— The prescribed authority

may, in its discretion, withhold a petition when—

(1) the petitioner has not complied with any of the provisions of Part II ; or

(2) the petition is a representation against an order communicated to the

petitioner more than six months before the submission of the petition, and no

satisfactory explanation of the delay is given ; or

(3) a previous petition from the petitioner on the same subject has been disposed

of by the President and the petition, in the opinion of the prescribed

authority, discloses no new facts or circumstances which afford grounds for

a reconsideration of the matter ; or

(4) the petition is a representation against a decision which is declared to be

final by any law or statutory rule ; or

(5) the petition is an application for an employment under the Government not

made in pursuance of any rule or announcement calling for applications for

such employment ; or

(6) the petition relates to a subject on which the prescribed authority is

competent to pass orders and no application for redress has been made by

the petitioner to the prescribed authority ; or

(7) the petition is a representation against the non-exercise in favour of the

petitioner of a discretion vested in the prescribed authority ; or

(8) the petition is a representation against the discharge or termination of service

by a competent authority of the petitioner, having been—

(a) appointed on probation, during or at the end of such probation ;or

(b) appointed, otherwise than under contract to hold a temporary

appointment on the expiration of the period of such appointment; or

(c) engaged under contract, in accordance with the terms of such contract

or

(9) the petition is a representation against an order—

(a) from which the petitioner has already exercised, or has failed to

exercise, a right of appeal available under the rules or orders or the

contract regulating his conditions of service;

(b) passed by a competent authority in the exercise of appellate or

revisional powers conferred by any rule, order or contract regarding

his conditions of service; or

(10) the petition is a representation against an order of a competent authority

refusing to grant or recommend—

(i) a special pension; ; or

(ii) any pecuniary or other concession to which the petitioner is not

entitled under any rules or orders or contract regulating his

conditions of service.

7. Petitioner to be informed when petition is withheld.— The prescribed authority

shall, when a petition is withheld under instruction 6, inform the petitioner of the withholding thereof

and the reasons therefore.

8. List of petitions withheld. — (i) If the prescribed authority is other than the Railway

Board, it shall submit to the Railway Board through the usual official channel a quarterly return

specifying particulars of all petitions withheld by it under instruction 6 and the reasons for

withholding the same.

(ii) If the Railway Board is itself the prescribed authority, it shall prepare a quarterly

return specifying particulars of petitions withheld by it under instruction 6 and the reasons for

withholding the same.

(iii) The returns prepared under sub-instructions (i) and (ii) shall be dealt with in the

manner provided in the rules made by the President for the transaction of the business of the

Government of India.

(iv) If the President or the Railway Board on a scrutiny of the said returns or otherwise

so directs, any or all of the petitions specified in the return under sub-instruction (i) shall be

transmitted by the prescribed authority to the Railway Board or any or all the petitions specified in the return under sub-instruction (ii) shall be taken into consideration.

PART IV

PROCEDURE IN RESPECT OF PETITIONS NOT WITHHELD

9. Procedure for transmission.— If the prescribed authority is other than the Railway

Board, it shall transmit to the Railway Board through the usual official channel petitions not withheld under instruction 6 and petitions called for under instruction 8 together with a complete statement of the facts material thereto and all relevant papers, and, unless there are special reasons to the contrary, an expression of the opinion of the prescribed authority thereon.

10. Consideration of the petitions.— Petitions received in its capacity as the prescribed

authority by the Railway Board and not withheld by it under instruction 6, petitions taken into

consideration under sub-instruction (iii) of instruction 8, and petitions transmitted to the Railway Board under instruction 9 shall thereafter be dealt with in accordance with the provisions of the Rules made by the President for the transaction of the business of the Government of India.

11. Action to be taken after final orders are passed on petitions.— The prescribed

authority shall itself give effect, or ensure that effect is given by the competent authority, to such

orders as the President may pass on any petition and, if the prescribed authority is other than the

Railway Board, submit to the Railway Board within a period of three months of the receipt of the

orders a report of the action taken.

The Schedule

List of authorities included in the term “Prescribed Authority.”

1. In respect of gazetted railway servants, the Railway Board.

2. In respect of non-gazetted railway servants—

(a) In the office of the Railway Board and in other offices directly under their

administrative control, the Heads of the Offices concerned.

(b) On the Railways—

(i) General Managers.

(ii) Heads of Departments.

(iii) Divisional Superintendents.

(iv) Regional Heads.

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