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STANDARD FORMS USED IN DISCIPLINE AND APPEAL RULES

August 17, 2016

Standard forms used in Discipline And Appeal Rules 

STANDARD FORM No. 1

 Standard Form of order of Suspension [ 5(1) of RS(D&A)Rules,1968])

 No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

O R D E R
Whereas disciplinary Proceeding against Shri______________________________ ( name and designation of the Railway servant) is contemplated/pending

 

 

Whereas case against Shri_________ _____________________________ ( name and designation of the Railway servant) in respect of a criminal offence is under investigation/ inquiry / trial.

 

Now, therefore, the President/the Railway Board/the undersigned ( the authority competent to place the Railway servant under suspension in terms of the Schedules I,II and III 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 the RS(D&A)Rules,1968, 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 headquarters 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 will issue separately.

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STANDARD FORM No. 2

 Standard Form for deeming railway servant under suspension

Rule [ 5(2) of RS(D&A)Rules,1968])

 No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

ORDER

 

Whereas a case against Shri…………………………….. ( name and designation of the Railway servant) , in respect of a 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 RS(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.

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STANDARD FORM No. 3

 Standard Form of Certificate to be furnished by Suspended official under Rule 1342(2)IREC Vol.II (1987 Edition)

 

I …………………………………………. ( name of the Railway 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 the Railway servant………………………..

Address……………………………..

………………………………………..

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STANDARD FORM No. 4

 Standard Form of Order revocation of suspension order

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

No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

ORDER

 

Whereas an 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 RS(D&A)Rules,1968, hereby revokes the said order of suspension with immediate effect /with effect from ………………………………….

 

Signature………………………………….

Name ……………………………………….

………………………………………………….

(Designation of the authority

making this order)

 

Copy to Shri……………………( name and designation of the suspended Railway servant) Address…………………………………………………………………………………………………………………………………

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STANDARD FORM No. 5

STANDARD FORM OF CHARGESHEET

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

No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

MEMORANDUM

 

  1. The undersigned propose(s) to hold an inquiry against Shri………………………………………… under Rule 9 of the Railway Servants ( Discipline and Appeal) Rules,1968. the substance of the imputations of misconduct or mis-behaviour 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 mis-conduct or mis-behaviour 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 charge are proposed to be sustained are also enclosed ( Annexures III & IV)  Further, copies of documents mentioned in the list of documents, as per Annexure III are enclosed.

 

  1. * Shri/Ms …………………………. is hereby informed and if/she 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/she should contact ** ……………………………… immediately on receipt of this memorandum.

 

  1. Shri/Ms ……………………………………. is further informed that he/she may, if he/she so desires, take the assistance of another Railway servant/an official of Railway Trade Union ( 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/her in presenting his case before the Inquiring Authority in the event of an oral inquiry being held. For this purpose, he/she should nominate one or more persons in order of preference. Before nominating the assisting Railway servant(s) or Railway Trade Union Official(s) , Shri/Ms ……………………………. should obtain an undertaking from the nominee(s) that he/she( they) is (are) willing to assist him/her 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.

 

  1. Shri/Ms ……………………………. is hereby directed to submit to the undersigned a written statement of his/her defence within ten days of receipt of this Memorandum, if he/she does not require to inspect any documents for the preparation of his/her defence, and within ten days after completion of inspection of documents if he desires to inspect documents, and also

 

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

(b) to furnish the names and addresses of the witnesses if any, whom he/she wishes

to call in support of his defence.

 

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

 

  1. Shri/Ms …………………………… is further informed that if he/she does not submit his/her 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 Shri/Ms ……………………………. is invited to Rule 20 of the Railway Services ( 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/her service under the Government. If any representation is received on his/her behalf from another person in respect of any matter dealt within these proceedings, it will be presumed that Shri …………………………………… is aware of such a representation and that it has been made at his/her 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.

 

Name and designation of competent authority.

 

Encls:

 

To

Shri …………………………………………( Designation)

……………………………………………….. (Place)

Copy to Shri ………………………………………(name and designation of the lending authority) for information.

**          Name of the authority ( This would imply that whenever a case is referred to the disciplinary authority by the Investigation Authority or any authority who are in the custody of the listed documents or who would be arranging for inspection of the document or to enable that authority being mentioned in the draft memorandum.

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STANDARD FORM No. 6

 Standard Form for Refusing Permission to inspect Document ( Rule 9(16) of RS(D&A)Rules,1968)

No………………………………………….

Railway………………………………………….

(Name of the Railway Administration)

(place of issue)………………………………………..

dated……………………………………

ORDER

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

( name and designation of the Railway servant)

……………………………….. has requested permission to inspect and take extracts from the records specified below for the purpose of preparing his defence in the inquiry pending against him in pursuant to Memorandum No…………………………………… dated…………………….. The undersigned has carefully considered the request and has decided to refuse such permission for the reasons recorded below against each item.

Description of records               Reasons for refusing inspection or taking extracts

 

1……………………………………

 

2………………………………….

 

3……………………………………

 

4……………………………………

 

5……………………………………

Signature………………………………….

Name ……………………………………….

………………………………………………….

(Designation of the Inquiry authority)

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STANDARD FORM No. 7

STANDARD FORM OF ORDER RELATING TO APPOINTMENT OF INQUIRY OFFICER/ BOARD OF INQUIRY – (Rule 9 (2) of Railway Servants Discipline and Appeal Rules,1968)

No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

ORDER

 

Where an Inquiry under Rule 9 of the Railway Servants ( Discipline & Appeal) Rules,1968 is being held against Shri …………………………………………………………………………..

( name and designation of the Railway servant)

 

AND WHEREAS the undersigned considers that a Board of Inquiry/an Inquiry Officer should be appointed to inquire to inquire into the charge framed against him.

 

NOW, THEREFORE, the undersigned, in exercise of the powers conferred by sub-rule (2) of the said rule, hereby appoints.

 

A Board of Inquiry consisting of:

Name of the Member Designation
1.

 

2.

 

3.

OR

 

Shri ……………………………………………………………………………………………………………………

(Name and designation of the Inquiry Officer)

as Inquiry Officer to Inquire into the charges against the said Shri………………………………..

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

 

Signature……………………………….

Name     ………………………………

( Designation of the Disciplinary Authority)

 

Copy to:

Shri……………………………………………………………………………………

(Name and designation of the Railway servant)

 

Copy to :

  1. Shri……………………………………………………………………………………

(Name and designation of the Member)

  1. Shri……………………………………………………………………………………

(Name and designation of the Member)

 

  1. Shri……………………………………………………………………………………

(Name and designation of the Member)

 

OR

 

  1. Shri……………………………………………………………………………………

(Name and designation of the Inquiry Officer)

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STANDARD FORM No.8

FORM FOR APPOINTMENT OF PRESENTING OFFICER- ( SUB-RULE (7)(C) OF RULE 9 OF  THE RAILWAY SERVANTS (DISCIPLINE &APPEAL )RULES,1968.

No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

O R D E R

 

Whereas an inquiry under Rule 9 of the Railway Servants (Discipline &Appeal ) Rules,1968, is being held against Shri /Ms………………………………………………………………………………

 

And Whereas the  undersigned consider(s) it necessary to appoint a person to present the case in support of the Charges before the Inquiry Authority.

 

Now, therefore, the undersigned, in exercise of the powers conferred by sub-Rule (7) (c) of rule 9 of the RS(D&A)Rules,1968, hereby nominates Shri…………………………………………………………………… as Presenting Officer to present the case in support of the charges before the Inquiring Authority.

 

Signature…………………..

Name………………………….

Secretary, Railway Board

OR

Designation of the Disciplinary Authority

 

No…………………………………………………………                    Dated…………………………………..

 

Copy forwarded for information to Shri…………………………………………………………………………….. (name and address of the Railway servant)

Signature………………………………

Name……………………………….

Designation…………………………..

No…………………………………………………                  Dated…………………………………..

 

Copy forwarded for information to__

 

  1. Shri…………………………………………………………………………………………………………………

( Name and designation of the Inquiry Officer)

 

  1. Shri…………………………………………………………………………………………………………………

( Name and designation of the Presenting Officer)

 

Signature………………………………

Name…………………………………….

* As may be applicable                                                  Designation…………………………..

 

 &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

 

 

STANDARD FORM No.10

STANDARD FORM  OF ORDER FOR TAKING DISCIPLINARY ACTIONS IN COMMON PROCEEDINGS (RULE 13 OF RULE 9 OF  THE RAILWAY SERVANTS (DISCIPLINE &APPEAL ) RULES,1968.

No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

O R D E R

 

Name of Railway servants      Whereas the Railway servants specified in the margin are jointly concerned in a disciplinary case.
1. Shri…………………………….

 

2. Shri……………………………

 

3. Shri…………………………….

 

4. Shri…………………………….

 

* Now, therefore, in exercise of the powers conferred by sub-rules(1) and (2) of rule 13 of the Railway Servants (Discipline & Appeal) Rules,1968, the President/the Railway Board/ the undersigned hereby direct(s):-

 

(1) that disciplinary action against all the said Railway Servants shall be taken in a common proceeding.

 

(2) $ the ……………………………. (name and designation of the authority) shall function as the disciplinary authority for the purpose of the common proceeding and shall be competent to impose the following penalties, namely:-

@ (Here specify the penalties).

& (3)   that the procedure prescribed in rule 9 # and rule 10/11 it shall be followed in the said proceedings.

# ( Score out the portion not applicable)

% ( By order and in the name of the President)

 

Signature…………………….

Name………………………….

Designation of the competent authority. Rule13(1)

( The Officer authorized under articles 77(2) of the Constitution to authenticate orders on behalf of the President, the Secretary, Railway Board, or other competent authority under rule 13(1).

 

 

Copy to:-

 

  1. Shri ……………………………………………………………………………….. (Name & Designation)
  2. Shri………………………………………………………………………………… ( Name & Designation)
  3. Shri………………………………………………………………………………..  (Name & Designation)

 

* The authority competent to impose the penalty of dismissal from service on all such Railway servants or if they are different highest of such authorities with the consent of others.

 

$  See Rule 13(2) (i)

@ Here specify the penalties, see Rule 13(2)(ii)

% Where the order is expressed to be made in the name of the President

&  See Rule 13(2)(iii)

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STANDARD FORM No. 10-A

STANDARD FORM FOR APPOINTMENT OF ENQUIRING AUTHORITY IN COMMON PROCEEDINGS -(Rule 13 of Railway Servants Discipline and Appeal Rules,1968)

No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

ORDER

 

WHEREAS the Railway Servants specified in the margin are jointly concerned in a disciplinary case.

 

WHEREAS common proceedings have been ordered against the said Railway servants in terms of Rule 13 of the Railway Servants Discipline and Appeal Rules,1968 vide Order No…………………………………………………… dated……………………………….appointing ………………………………………. (Name and Designation of the authority) to function as the disciplinary authority for the purpose of the common proceedings.

 

WEHREAS an inquiry in accordance with Rule 9 and Rule10 or rule 11 of the Railway Servants Discipline and Appeal Rules,1968 is being held against the Railway servants specified in the margin.

 

AND WHEREAS the *President/Railway Board/ the undersigned considers that an Inquiring Officer should be appointed to inquire into the charges framed against the said Railway servants.

 

NOW, THEREFORE, the *President/Railway Board/the undersigned in exercise of the powers conferred by sub-rule 2 of Rule 9 of the Railway Servants Discipline and Appeal Rules,1968 hereby appoint(s) Shri ……………………………. ( Name and designation of the Inquiry Officer) as the Inquiry Authority to inquire into the charges framed against the said Railway servants.

 

* By order and in the name of President.

 

To

1……………………………….. The accused Railway servants

 

2.      Presenting Officer.

 

3.      Inquiring Authority with

relevant documents

**4    The C.V.C.

Disciplinary Authority/

* Authority competent to authenticate order in the name of the President/Secretary, Railway Board.

 

* Delete where not applicable

 

** Note: to be used where applicable. Not to be inserted in the copy sent to the accused Railway servants.

 &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

 

STANDARD FORM No. 10-B

STANDARD FORM FOR APPOINTMENT OF PRESENTING OFFICER IN COMMON PROCEEDINGS

(Rule 13 of Railway Servants Discipline and Appeal Rules,1968)

No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

ORDER

 

WHEREAS the Railway Servants specified in the margin are jointly concerned in a disciplinary case.

 

WHEREAS common proceedings have been ordered against the said Railway servants in terms of Rule 13 of the Railway Servants Discipline and Appeal Rules,1968 vide Order No…………………………………………………… dated……………………………….appointing ………………………………………. (Name and Designation of the authority) to function as the disciplinary authority for the purpose of the common proceedings.

 

WEHREAS an inquiry in accordance with Rule 9 and Rule10 or rule 11 of the Railway Servants Discipline and Appeal Rules,1968 is being held against the Railway servants specified in the margin.

 

AND WHEREAS the *President/Railway Board/ the undersigned consider it necessary to appoint a Presenting Officer to present the case in support of the articles of charge against the said Railway servants before the Inquiry Authority.

 

NOW, THEREFORE, the *President/Railway Board/the undersigned in exercise of the powers conferred by sub-rule 2 of Rule 9 of the Railway Servants Discipline and Appeal Rules,1968 hereby appoint(s) Shri ……………………………. ( Name and designation of Presenting Officer to present the case in support of the articles of charges against said Railway servants before the Inquiring Authority.

 

Shri …………………………….. is also authorized to nominate during his temporary non-availability any other CBI/Railway official not below his rank for representing the case before the Inquiry Officer on his behalf and on behalf of the disciplinary authority for examination, cross-examination and re-examination as well as for argument etc.

 

* By order and in the name of President.

 

Disciplinary Authority/

* Authority Competent to authenticate

order in the name of the President/

Secretary, Railway Board.

Copy to :

  1. Accused Officer.

** 2.            Central Bureau of Investigation

** 3.            Central Vigilance Commission

  1. Inquiry Authority
  2. Presenting Officer.

————————————————————————————————–

* Delete where not applicable

 

** Note: to be used where applicable. Not to be inserted in the copy sent to the accused Railway servants.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

 

STANDARD FORM NO.11

STANDARD FORM OF MEMORANDUM OF CHARGE FOR IMPOSING MINOR PENALTIES

(RULE 11 OF RS(D&A)RULES,1968

No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

MEMORANDUM

 

  1. Shri ………………………………………………………………………..(name, designation and office in which working) is hereby informed that the undersigned proposed 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 ………………………………………………………………………… 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. If Shri ……………………………………………… 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…………………………………………………………….

………………………………………………………………………………………………………………………. ex-parte.

 

  1. The receipt of this Memorandum should be acknowledged by Shri……………………..

 

 

Signature……………………..

Designation………………….

(Designation of the Competent authority)

To

Shri……………………………………………………………………………………………

(Name ,designation and office of the Railway Servant)

                                 &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

 

 

STANDARD FORM NO. 11(b)

STANDARD FORM OF CHARGE-SHEET FOR INITIATION OF MINOR PENALTY PROCEEDINGS (In cases where Disciplinary Authority decides to hold the inquiry under rule 11(1)(b)/ 11 (2)  of Railway Servants ( Discipline and Appeal) Rules,1968.

No………………………………………….

(Name of the Railway Administration)

……………………………………………..

(place of issue)……………..dated………….

 

M E M O R A N D U M

 

In continuation of Memorandum No…………………………………. dated…………………………. issued to Shri ………………………………………… under Rule 11 of the Railway Servants       (Discipline and Appeal) Rules,1968.

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

 

After careful  consideration of the explanation given by Sri ………………………………….

with reference to Memorandum No…………………………………………………… dt…………………………….issued to him under Rule 11 of the Railway Servants (Discipline and Appeal) Rules, 1968………………………………………………………………………………………………

the  President /Railway Board/undersigned is /are of the opinion that it is necessary to hold an inquiry against Sri …………………………………………………………………………………… under Rule 11(1) (b)/Rule 11(2) of the RAILWAY SERVANTS (DISCIPLINE & APPEAL)Rules, 1968.  The substance of the imputations of misconduct or misbehavior in respect of which the inquiry is proposed to be held is out in the enclosed statement of article of charge (Annexure-I).  A statement of the imputations of misconduct or misbehavior 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. Sri………………………………………………………. is hereby informed that 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 seven days of receipt this memorandum. For this purpose he should contact **……………………………………………… immediately on receipt of this memorandum.

 

  1. Sri…………………………………………………… is further informed that he may, if he so desires, take the assistance of any other Railway Servant/an official of Railway Trade Union (who satisfies the requirements of Rule 9 (13) of RS(D&A)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 persons in order of preference.  Before nominating the assisting Railway Servant (s) or Railway Trade Union Official (s) Shri ……………………………………………………. 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/General Manager + Railway along with the nomination.

 

  1. Sri……………………………………………. is hereby directed of submit to the undersigned (through General Manager…………………………… Railway) + written statement of defence (which should reach the said General Manager) + 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,

 

  • to state whether he wishes to be heard in person; and
  • to furnish the names and addresses of the witnesses if any, whom he wishes to call in support of his defence.

 

  1. Sri……………………………………………… 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. Sri…………………………………………….. is further informed that if he does not submit his written statement of defence within the period specified in para 4 or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of Rules 9 and 11 of the Railway Servants (Discipline & 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 Sri ……………………………………………. Is invited to Rule 20 of the Railway Services (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 interest 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 Sri …………………………………………. Is aware of such a representation and that if 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.

 

 

*[ By order and in the name of the President]

(Signature)

Name and designation of competent authority

Encl:

 

To

Sri……………………………………………………..

…………………………………………………………. (Designation)

…………………………………………………………. (Place etc.)

© Copy to Shri………………………………………………………………………. (name and designation of the

Lending authority) for information.

———————————————————————————————–

%.        This time limit may b e extended up to ten days at the discretion of the competent authority.

+          To be retained wherever President or the Railway Board is the competent authority.

* Where the President is the Disciplinary Authority.

* Strike out whichever is not applicable.

© To be used wherever applicable – See Rule 16(1) of the RS(D&A)Rules,1968.- Not to be inserted in the copy sent to the Railway Board.

 

** Name of authority having custody of documents.

 

 

ANNEXURE TO STANDARD FORM NO. 11(b)

            Memorandum of Charge-sheet under Rule 11(1)(b)/11(2) of the RS(D&A)Rule,1968

(Annexure-I)

Statement of Articles of charges framed against Shri ……………………………………..[name and designation of the Railway servant]………………………………………………

Article I

That the said Shri …………………………………………………. While functioning as ………………………… ……………………………. during the period ……………………….. [here enter definite and distinct article of charge].

Article II

That during the aforesaid period and while functioning in the aforesaid office, the said Shri…………………………………………………………………….[here enter definite and distinct article of charge].

Article III

That during the aforesaid period and while functioning in the aforesaid office, the said Shri………………………………………………[here enter definite and distinct article of charge].

 

[Annexure II]

Statement of imputations of misconduct or misbehaviour in support of the articles of charge framed against Shri……………………………………………………………[name and designation of the Railway servant]……………………………………………..

 

Article I

Article II

Article III

[Annexure III]

List of documents by which the articles of charge framed/against Shri …………………………… …………………. [name and designation of Railway servant] are proposed to be sustained ………………………………

 

[Annexure IV]

List of witnesses by whom the articles of charge framed against Shri ……………………………. [name and designation of Railway servant ] are proposed to be sustained.

……………………………………

……………………………………………………..

……………………………………………………..

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STANDARD FORM NO. 11[c]

STANDARD FORM FOR TAKING DISCIPLINARY ACTION UNDER RULE 9[9] [A] [IV] OF THE RAILWAY SERVANTS [DISCIPLINE AND APPEAL] RULES, 1968

No.                                                                                           Date………………………..

 

MEMORANDUM

 

Whereas the article[s] of charge[s] was/were communicated to Shri ……………………………… under this office Memorandum No………………………………………….dated ……………………………….; and

 

Whereas a written statement of defence was submitted by him, on…………………………………

 

Now therefore, the undersigned has carefully considered the said written statement of defence and holds, without prejudice to his right to impose any of the minor penalties not attracting the provisions of sub-rule [2] of Rule 11 of Railway Servants [Discipline and Appeal] Rules, 1968 that the imposition of a major penalty including the minor penalty attracting the provisions of sub-rule [2] of Rule 11 of the said rules, is not necessary.

 

The undersigned has, therefore, dropped the proceedings already initiated under Rule 9 of the said rules and has decided to initiate proceedings under Rule 11[1] of the said rule on the article[s] of charge[s] already communicated to Shri …………………………………. vide this office Memorandum No………………………………………………dated ………………….

 

Shri …………………………………………………………is hereby given an opportunity to make such representation as he may wish to make against the proposal to take action against him under Rule [11] [1]  of the Railway Servants [Discipline and Appeal] Rules, 1968.  The representation, if any, should be submitted to the undersigned* [through  the General Manager………………………………………. Railway so as to reach the said General Manager] within 10 days of the receipt of this Memorandum.

 

If Shri……………………………………………………. fails to submit his representation within the period specified above, it will be presumed that he has no representation to make and orders will be liable to be passed against Shri…………………………………ex parte.

 

The receipt of this Memorandum should be acknowledged by Shri………………………………….. ……………………………………% [By order and in the name of the President].

 

(Signature)

(Name and designation of the competent authority)

 

To

Shri ________________________(name, designation and office of the Railway servant)

* To be retained wherever this Memorandum is issued by the Railway Board/the President

 

% Where the President is the Disciplinary Authority.

 

 

STANDARD FORM No. 12

Form of Memorandum to be issued to an employee convicted in a criminal charge and action is proposed to be taken under Rule 14(1) DAR

No.

Date

MEMORANDUM

  • Shri…………………….. Designation …………( under suspension) is informed that on a careful consideration of the circumstances of the case in which he was convicted on ……… on a criminal charge, the undersigned considers that  his conduct which has led to his conviction, is such as to render his further retention in public service, undesirable. The undersigned has, therefore, provisionally come to the conclusion that:

Shri …………………. Is not a fit person to be retained in service and so the undersigned, in exercise of power conferred by Rule 14(i) of the Railway Servants (Discipline and Appeal) Rules, 1968, proposes to impose on him the penalty of removal / dismissal from service.

  • Shri …………………… is hereby given opportunity of making representation on the proposed penalty. Any representation which he may wish to make on the penalty proposed, will be considered by the undersigned before passing final orders. Such representation, if any, should be made in writing and submitted so as to reach the undersigned not later than 15 days from the date of receipt of this memorandum by Shri ………………………….. .If no representation is received from him within the stipulated time, it will be presumed that he has no representation to make and final orders will be liable to be passed against him ex parte.

The receipt of this memorandum should be acknowledged by Shri ……………….

Signature.

Designation.

To ………………………….

………………………………

 

         STANDARD FORM No. 13

STANDARD FORM OF SANCTION UNDER RULE 2308 RII

[ Rule 9 of Railway Services Pension Rules, 1993]

No………………………..

                                                  Govt. of India

Ministry of Railways.(Rly Board)

                                                       Dated………………

ORDER

Where as it has been alleged that Shri……………………. While serving as ……………. in the Ministry of Railways / Railway Board/ ….. Railway from ……  to …….  was ( here specify briefly the imputation of misconduct or misbehavior in respect of which it is proposed to institute departmental proceedings).

Now, therefore, in exercise of powers conferred on him by Rule 2308 of the Indian Railways Establishment Code Vol II, the President hereby accords sanction to the institution of departmental proceedings against the said  Shri ………………

The President further directs that the said departmental proceedings shall be conducted in accordance with the procedure laid in Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968, by …………….. ( here specify the authority by whom departmental proceedings should be conducted) ….. at………( here specify the place or places at which the departmental proceedings including oral inquiry, might be conducted).

 

By order and in the name of President

(                                               )

( Name and designation of the competent authority)

To be signed by an officer in the Ministry of Railways ( Railway Board) authorized under Art. 77(2) of the Constitution to authenticate the orders on behalf of the President)

Note: for taking action against the retired Railway staff, this form should be completed in all respect and sent to the Railway Board along with the standard form of charge sheet, duly filled in, in duplicate, for being signed by an officer in the Railway Board.

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

                              STANDARD FORM No. 14

STANDARD FORM OF CHARGE SHEET FOR PROCEEDING UNDER RULE 2308-RII

Government of India

Ministry of Railways ( Railway Board)

                                                                    Dated………….

MEMORANDUM

          In pursuance of the sanction accorded by the President under Rule 2308  of the Indian Railway Establishment Code Volume II for instituting departmental proceedings against Shri………………..  vide Ministry of Railway order No. ………….  Dated ……..  it is proposed to hold an inquiry against the said Shri…………….  in accordance with the procedure laid down in Rule 1709 to 1713 of the Indian Railway Establishment Code, Volume I. The inquiry shall be conducted by ……………….. ( here specify the authority by whom the departmental proceedings are to be conducted in accordance with the Presidential sanction) at ……………..  (here specify the name of the place where proceedings are to be conducted).

  1. The substance of the imputations of misconduct or 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 imputations of misconduct or misbehavior in support of each article of charge is enclosed (Annexure II). A list of documents by which, and a list of witness by whom the articles of charges are proposed to be sustained are also enclosed (Annexure III & IV).
  2. Shri…………….. . is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desire to be heard in person.
  3. He 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.
  4. Shri…………………… is further informed that if he does not submit his written statement of defence on or before the date specified in para 3 above, or does not appear in person before the inquiring authority or other wise fail or refuses to comply with the provisions of Rule 1709 to 1713 of the Indian Railway Establishment Code, Volume I or the orders/directions issued in pursuance of the said Rules, the inquiring authority may hold the inquiry against him ex parte.
  5. The receipt of this memorandum may bee acknowledged.

 

By order and in the name of the  President.

( Name and designation of the competent authority)

( To be signed by an officer in the Ministry of Railways authorized under Article 77(2) of the Constitution to

authenticate orders on behalf of the President)

To

Shri………………………………

……………………………………..

Annexure I

Statement of article of charge framed against Shri …………….. ( name of the retired Government servant) formerly ………………………..( Designation)

Article I

That the said Shri…………………….. while functioning as  ……………… during the period…………………

Article II

That during the aforesaid period and while functioning in the afore said office, the said  Shri …………………

Article III

That during the aforesaid period and while functioning in the afore said office the said  Shri …………………

 ( Annexure II)

Statement of imputations of misconduct or misbehavior in support of the articles of charge framed against Shri ……………….( name of the retired Government servant) formerly .

 

Article I

Article II

Article III

 

(Annexure III)

List of documents by which the articles of charge framed against Shri………… (name of retired Government servant) formerly………………. are proposed to be sustained:

List of witness by whom the articles of charge framed against Shri ………………… (name of the retired Government servant) formerly are proposed to be sustained.

……………………

……………………..

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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