RAILWAY SERVANTS (DISCIPLINE & APPEAL) RULES, 1968

RAILWAY SERVANTS (DISCIPLINE & APPEAL) RULES, 1968

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QUESTION BANK WITH ANSWER - (D & A RULES ) SET 1

indian-railways-question-bank

1 / 20

How many cases are dealing a retd. Railway employee as a defense assistant at a time?

 

2 / 20

An acting Rly. Servant can be allowed to act as Defence counsel?

 

3 / 20

A person appointed directly to a post grade or time scale of pay can be reduced by way of punishment to a post in lower scale/grade service or to a post which he never held before?

4 / 20

A Rly. Servant punished with stoppage of increment simultaneously is going promotion to the next grade. The penalty will given effect to the

 

5 / 20

How many Annexures are attached with major penalty charge memorandum?

 

6 / 20

Which of the standard form is required to be used for issuing the order of deemed suspension?

 

7 / 20

What would be correct procedure when a faulty charge-sheet requires modification/addition

 

8 / 20

Whether the disciplinary cases initiated against a Rly. Servant and RS(D&A) Rules, subsequently he is expired his case should be

 

9 / 20

If the disciplinary authority of a charged official is also involved in the same case, this case should dealt with by the

 

10 / 20

Which is relevant rules in R.S. (D&A) Rules, 1968 for common proceedings?

 

11 / 20

Recognised Trade Union official can be allowed to act as defence counsel in DAR cases in

12 / 20

When casual labours can be governed under the Railway disciplinary rules?

 

13 / 20

Who is the competent authority to make rule on RS (D&A) Rules?

 

14 / 20

Disciplinary Authority while passing orders for imposing a penalty should invariably pass?

 

15 / 20

Where appointing authority are not available who should be treated as appointing authority?

 

16 / 20

Board of enquiry appointed by the Disciplinary authority?

 

17 / 20

Which of the following Rules of DAR 1968 does specify the penalties?

 

18 / 20

Which No. of standard form is used for issuance of Major penalty charge sheet on disciplinary proceedings?

 

19 / 20

What is the current date from which the Railway Servants (D&A) Rules, 1968 came into force ?

 

20 / 20

Which of the following statement do bear the title of Discipline and Appeals Rule in Railways?

Your score is

The average score is 57%

0%

AT A GLANCE

The Railway Servants (Discipline and Appeal) Rules, 1968

  1. Short title and graduation.
  2. Definitions
  3. Application
  4. Authorities competent to position a Railway servant beneath 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 sure circumstances.
  15. Provisions concerning Railway servants lent to state Governments and so on.
  16. Provisions concerning officers borrowed from central or state Government and so on.
  17. Orders towards no Appeal lies.
  18. Orders towards 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 workers.
  25. Revision.  25/A.  Review.
  26. Service of orders, notices and so on.

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

  1. Supply of copy of Commission’s recommendation.
    29. Repeal and saving.
    30. Removal of doubts.
  2. Right to submit petition to President.

1) Why self-discipline?

ü      To obtain targets and targets of group

ü      Conducive surroundings at work place

ü      Efficiency and productiveness

ü      Co-operation, participation, crew work

2) Disciplinary course of.

ü      Should seem like honest

ü      Equally relevant to all people

ü      Not personalised – associated to conduct at work / exterior

ü      Advance warning

ü      Linked to conduct at work place (conduct guidelines)

ü      Rule 3 (I) (i), (ii), (iii)

Every Railway servant shall keep always

(i)   Absolute integrity

(ii)  Devotion to obligation

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

Principle  of pure justice.

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

(ii)  Decision after affordable listening to.

(iii) Decision with out bias.

Rule 1: Short title and graduation.

(1) These guidelines could also be referred to as “The Railway Servants (Discipline and Appeal) Rules 1968.

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

Rule 2: Definitions:

Appointing Authority:-

Appointing Authority in relation to railway Servant :– the authority empowered to make appointment to the publish which the Railway Servant, in the intervening time holds, or   whichever authority is the best authority.

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

Commission : the Union Public Service Commission.

(b) Displinary authority :

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

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

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

(iv)             within 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 workers in Class C & D the place information or appointment letter to indicate the precise authority of such workers should not accessible, GM will turn out to be the  Appointing Authority. Accordingly, the punishment of Dismissal, Removal, Compulsory Retirement for such worker can’t be imposed by an authority decrease than GM.

Rule 3 : Application:-

(1)These guidelines shall apply to each  Railway Servant, however shall not apply to –

(a)     any member of the All  India Service,

(b)     any member of the Railway Protection Force,

(c)      any particular person of informal employment.

SUSPENSION

Rule 4 :  Authorities competent to position Railway Servant beneath Suspension:

In distinctive circumstances,  any authority laid out in any of the Schedule might place any subordinate Railway Servant specified therein, beneath suspension :

Provided that, the place any motion is taken beneath the forgoing proviso, the authority involved shall forthwith report back to the authority competent to position such Railway Servant beneath suspension, the circumstances during which the order was made and procure his approval.

Rule 5:

(1) A Railway Servant could also be positioned beneath suspension:

(a)   the place a disciplinary continuing towards him is contemplated or is pending, or

(b)  the place, within the opinion of the authority competent to position a Railway Servant could also be positioned beneath suspension, he has engaged himself in actions prejudicial to the curiosity of the safety of the state; or

(c)   the place a case towards him in respect of any legal offence, is beneath investigation, inquiry or trial.

(2) A  Railway Servant shall be deemed to have positioned beneath suspension:

(a)   with impact from the date of his detention, if he’s detained in custody, whether or not on a legal cost or in any other case, for a interval exceeding forty eight hours;

(b)  with impact from the date of his conviction if, within the occasion of a conviction for offence, he’s sentenced to a time period of imprisonment exceeding forty eight hours and isn’t forthwith dismissed or eliminated or compulsorily retired consequent to such convection.

Review of Suspension : until revoked earlier than expiry of 90 days, shall be reviewed by the competent authority on the advice of the Review committee constituted for this objective. ( RB /Estt No.95/2006, dt. 19-07-2006)

Erroneous detention : Railway Employee was detained in Police custody erroneously or with none foundation and launched with none prosecution, he could also be eligible for full pay and allowance if the competent authority feels suspension as totally unjustified.

Sick Leave throughout Suspension: An worker beneath suspension could also be handled in Railway Hospital, no sick go away can be granted for this objective.

It is the obligation of the worker who could also be arrested  for any motive to intimate the actual fact of his arrest and the circumstances related therewith to his official supervisors as quickly as doable though he may need subsequently launched on bail.

Suspension with retrospective impact : Where a penalty of dismissal, elimination or obligatory retirement from service imposed upon a Railway servant is put aside or declared or rendered void in consequence of or by resolution of a court docket of regulation and the disciplinary authority on consideration of the circumstances of the case, decides to carry additional inquiry, towards him on the allegations on which the penalty  was initially imposed, the Railway servant shall be deemed to have been positioned beneath suspension by the competent authority from the date of unique order of dismissal, elimination or obligatory retirement and proceed to stay beneath suspension till additional orders.

Passes throughout Suspension : Gazetted Railway servant can be eligible for half the variety of Privilege go with the permission of General Manager. Non Gazetted are eligible for one set of Privilege go and three PTOs with the approval of authority not decrease than DRM.

Entitlement and Restrictions throughout Suspension

Railway worker positioned or deemed beneath suspension is :-

  • Paid subsistence allowance.
  • Not allowed to carry out obligation.
  • Not paid wage.
  • Not granted go away.
  • Allowed to avail Hospital therapy.
  • Not permitted to go away Headquarters with out permission.
  • Considered for promotions to choice/non-selection posts, however promoted after revocation/ finalization of the case.
  • To give up RCP/DCP.
  • Allowed RTF, Educational help, School go and so on.
  • Allowed to retain quarters.
  • Permitted to attend PNM.

Subsistence Allowance

Subsistence allowance is the same as half pay go away wage + DA

It may be revised after 90 days

It may be elevated/decreased by 50% within the evaluation

Rule 6 : Penalties

Minor Penalties.

(i) Censure :
(ii) Withholding of Promotion for a particular interval.
(iii) Recovery From Pay of Pecuniary loss brought on to Government   by   negligence or breach of orders.
(iiia) Withholding of Privilege Passes or Privilege Ticket Orders or  each
(iiib) Reduction to a decrease stage in time scale of pay by one stage for   a interval  not exceeding three years, with out cumulative impact  and   not  affecting pension:
(iv) Withholding of Increments of pay for a specified interval with           additional instructions as as to if on the expiry of such interval          it will or is not going to have the impact of suspending the longer term    increments of his pay.
(v) Major Penalties.{ Save as in any other case supplied for in clause (iii b) }discount to a decrease stage in time scale of pay for a specified interval, with additional instructions as as to if on the expiry of such interval, the discount will or is not going to have the impact of suspending the longer term increment of his pay.
(vi)  Reduction to a decrease time scale of pay, grade, publish or service for a interval to be specified within the order of penalty, which shall be a bar to the promotion of the Railway servant throughout such specified interval to the time-scale of pay, grade, publish or service from which he was diminished, with path as as to if or not, on promotion on the expiry of the stated specified interval -(a) the interval of discount to time scale-scale of pay, grade, publish or service shall function to postpone future increments of his pay, and in that case, to what extent; and(b) the Railway servant shall regain his unique seniority within the greater time scale of pay, grade, publish or service;
(vii)(viii)(ix) Compulsory retirement:Removal from service:Dismissal from service:

Rule 7: Disciplinary Authorities.

The Disciplinary Authority within the case of Railway servant officiating in the next publish, shall be decided with regards to the officiating publish held by him on the time of taking motion.

Disciplinary Authority means –

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

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

In case of Non-Gazetted servant, an authority competent to impose any of the Major penalties laid out in Rule 6; ( for challenge main penalty )

In case of Non-Gazetted servant, an authority competent to impose any of the   penalties laid out in Rule 6; ( for challenge 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 under.
02 Asst. Officers. (Jr Scale and Gr B) Group D and Gr.C workers in scale as much as and together with 5000-8000.
03 Sr. Scale officers and Asst. officers (Jr Scale and Gr B holding unbiased cost) Group D and Gr.C workers in scale as much as and together with 5500-9000.
04 JAG, Senior scale officers holding unbiased cost of a Dept / Divn & above Group D and Gr.C workers

( B )

(vii)  * Compulsory retirement:

(viii) * Removal from service:

(ix)   * Dismissal from service:

Competent Authority #

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

( * Major penalty )

(# Appointing Authority or an authority equal rank or any greater authority )

GAZETTED  CASES.

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

Group ‘B’ officers who’re officiating in Senior Scale or are in Senior Scale on Adhoc foundation, for the aim of Railway Servants (D&A) Rules 1968, are to be handled 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 beneath this Schedule shall even be exercised by the co-ordinating Heads of the Departments or by the Heads of the departments in Senior Administrative Grade who’re in unbiased cost of their respective departments.

Impact of penalties on promotion.

Penalty calling of choice promotion
(1) (2) (3)
(i) Censure could also be referred to as could also be promoted
(ii) Stoppage of promotion is probably not referred to as to not  be promoted
(iii) Recover loss could also be referred to as could also be promoted
(iv) Withholding of Passes/PTO -do- -do-
(v) Withholding of increment -do- to not  be promoted through the penalty
(vi) Reduction to decrease stage -do- -do-
(vii) Reduction to decrease time scale and so on. is probably not referred to as -do-

Procedure for imposition of  Minor and Major penalties.

Preliminary consideration by D.A to find out whether or not there’s prima facie floor to ponder DAR motion.

Minor   penalties :-

Charge memorandum (SF-11) is issued. Along with the  Charge sheet, imputation of misconduct needs to be talked about.

  • On receipt of the Charge Sheet, the charged official ought to submit defence assertion inside 10 days.
  • D A ought to think about the defence assertion and will report whether or not he accepts the defence or not.
  • If the defence assertion shouldn’t be submitted in time, the case may be dealt ex-parte.
  • If the defence assertion shouldn’t be accepted, causes within the type of talking order is recorded and a specific minor penalty can also be specified for imposition.
  • Penalty advise within the prescribed kind is served to the charged official obligation incorporating the talking order and specifying the appellate authority and time allowed for the attraction (45 days).

Major Penalties :-

  1. The charged official is given a replica of the cost sheet within the prescribed proforma together with an announcement of imputations of misconduct, listing of paperwork relied upon to show the fees and an inventory of witnesses by whom the fees are proposed to be sustained.
  2. The charged official is given affordable time to submit his defence.
  3. On receipt of the defence, an enquiry is held in respect of the cost not admitted.
  4. The DA himself might inquire or might appoint an Inquiry Officer to inquire the fees.
  5. Presenting officer is appointed in necessary vigilance or CBI or SPE circumstances for presenting the case on behalf of the administration.
  6. The charged official could also be permitted to avail the help of one other Railway servant serving or retired from the identical Railway or a acknowledged commerce union official to current the case on his behalf.
  7. The charged official can also be permitted to examine the paperwork specified within the listing of annexure to the cost sheet, and some other doc related to the case.
  8. In the inquiry the witness of either side are examined, cross-examined and if vital re examined.
  9. After the examination of witnesses the charged official might state his defence orally or in writing. Oral defence needs to be recorded and received signed. A duplicate of the defence needs to be given to the Presenting officer.
  1. If the charged official has not examined himself, the Inquiry officer ought to usually look at him to allow him to clarify the circumstances showing within the proof towards him.
  2. The whole proceedings needs to be recorded and received signed at each web page by all involved, (i.e) the charged official, Inquiry officer and the witnesses concerned.
  3. If the charged official doesn’t attend the enquiry it needs to be performed ex-parte and all of the phases of the enquiry need to be handed by.
  4. The Inquiry Officer ought to hear the arguments of either side or allow them to file written briefs. He ought to first take the transient from the presenting officer, provide a replica of the identical to the charged worker to take the reply transient of the latter.
  5. On completion of the inquiry, the enquiry officer ought to ship copy of enquiry proceedings within the type of a report alongside together with his findings.
  6. The enquiry report ought to comprise:
  • The articles of cost and the assertion of imputations of misconduct or misbehavior.
  • The defence of the Railway servant in respect of every article of cost.
  • Assessment of the proof in respect every article of cost and;
  • The findings on every article of cost and the explanations thereof.
  1. The DA might settle for the findings of the Inquiry Officer or disagree and report his findings on the premise of the proof on report and make a remaining order as deems match.

If the DA is Competent to impose solely any one of many minor penalties, having regard to his resolution and the findings, is of the opinion {that a} main penalty is to be imposed, the information of the Inquiry are forwarded to the upper competent Disciplinary Authority for taking a choice.

Appeal  ( Rule 24)

(1)  The Appeal towards punishment lies to the Appellate Authority, who’s normally       the following greater authority to whom the Disciplinary Authority is subordinate.

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

(3)  A single particular person ought to attraction in his personal case, addressed to the Appellate

Authority and shouldn’t be in a disrespectful or improper language.

(4) The Appellate Authority might (i) put aside, (ii) cut back, (iii) verify,(iv) improve        the penalty. In case of enhancement, an affordable alternative can be given

to make a illustration.

(5) Normally there isn’t a second attraction.

Special Provision in Rule 24 for Non Gazetted Staff.

Group C & D workers who’re dismissed, eliminated, or compulsorily retired from service after disposal of their attraction and inside 45 days, might apply for revision to GM, or DRM or Senior most Administrative Office

Revision:

(1)   The revising authority shouldn’t be under the rank of a junior administrative grade officer.

(2)   The appellate authority might turn out to be  revising authority if no attraction is made.

(3)   No revision may be made after greater than 6 months of the date of order to be revised, whether it is proposed to reinforce the penalty or modify it to the detriment of the worker. It is not going to be made after a couple of 12 months if the penalty was to be diminished or cancelled. These closing dates don’t apply if revision was to be made by President, Ministry or Chief Executive.

Minor penalty circumstances – Inquiry as for main  have to be held in sure circumstances.

(a) If the increment is to withheld for completely ( ie having cumulative impact),

(b) When the increment is to be withheld quickly for a interval exceeding 3

years,

(c)    When the penalty of withholding of increment is prone to have an effect on adversely the  pension.

Unauthorized absence / Missing distinction :-

Where motion  was initiated towards an worker for an unauthorized absence who couldn’t be traced regardless of greatest efforts of Police, he shall be presumed as lifeless beneath Section 108 of proof Act.  The Disciplinary motion initiated shall be thought of as on invalid floor and be annulled by the Disciplinary Authority. If penalty has been ordered the annulment could also be accomplished by Appellate / Revisionary Authority. After dropping the motion, different benefts as due like go away encashment, wage dues, retirement advantages, compassionate floor and so on could also be prolonged.

Communication of orders:-

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

Delivering the cost sheet :-

The Charge sheet needs to be served both in particular person or by registered publish. If the impugned officer is on go away or absconding the cost sheet have to be despatched by registered publish to his everlasting tackle and or his final identified tackle intimated by him. If returned undelivered it may be deemed nearly as good service.

Ex- parte enquiry:-

If a Railway servant to whom a replica of the article of cost has been delivered, doesn’t submit the written assertion of defence on or earlier than the date specified for the aim or doesn’t seem earlier than the inquiry authority or different clever fails or refuses to adjust to the provisions of this rule, the inquiring authority might  maintain the inquiry ex-parte.

Re- employment of Dismissed / Removed / CR circumstances.

Rule 402 IREC Vol I doesn’t forbid the competent authority to order re-employment of a dismissed / eliminated/ obligatory retired Railway worker.

Review:

Where a brand new reality comes to note which is prone to have an effect on considerably the choice within the case, the President of India might evaluation the case, vide provision within the Rule 25. President might make his evaluation at any time on his personal movement or on a reference made to him. He might go any orders as deemed match. If it’s determined to reinforce the penalty, an affordable alternative can be given to the worker to submit his illustration.

Admitted costs:-

In respect of cost/costs admitted by the delinquent worker with none qualification, no inquiry could also be held.

Photostat / Typed copies of all of the Relied Upon / listed Documents could be forwarded together with the cost sheet, the place ever it could be doable. This is not going to, nonetheless, impact the proper to examine the unique.

Disciplinary Authority for transferred worker: When an worker has been transferred from one station, division, railway to a different station, division, railway and launched from such place, the disciplinary authority for the aim of shall be authority beneath whose management he has been transferred and never the outdated one.

Dropping of costs after receiving the written assertion of defence:

Disciplinary Authority has the inherent energy to evaluation and modify the articles of cost, or drop among the cost or all the fees after the receipt of written assertion of defence submitted by the accused Rly servant.

Proceedings after Retirement:

Where disciplinary proceedings had been initiated towards an worker whereas he was in service, these could also be continued and finalized after his retirement by the identical authority. The remaining settlement dues, can be paid on finalization of the case.

In case proceedings weren’t initiated throughout his service, the identical may be initiated after his retirement with the permission of the President. It mustn’t relate to an occasion which befell greater than Four years earlier than the brand new date  of initiating the case.

Criminal circumstances and departmental proceedings –

It shouldn’t be essential to cease proceedings solely as a result of a legal case is pending in a court docket of regulation on the identical costs. Each case may be thought of particular person on its details and circumstances. However, if the workers get hold of a keep order of proceedings from the court docket, the proceedings are to be suspended.

Simultaneous prosecution and departmental proceedings-

There isn’t any authorized objection to provoke concurrently departmental continuing towards Govt Servant towards whom legal proceedings are occurring. However, conserving in view the likelihood that steps which can be taken by disciplinary authority might prejudice the accused in his defence within the court docket, it could be acceptable to attend for the results of the legal proceedings. In different phrases, whereas the proceedings could also be initiated, it could be safer to remain the identical until the legal proceedings are concluded.

Review of resolution taken within the departmental proceedings on the acquittal in a Court on the identical charge-

If the details, circumstances and the fees within the departmental proceedings are precisely an identical to these within the legal case and the worker is exonerated / acquitted within the legal case on advantage (with out advantage of doubt or on technical grounds)  the departmental case could also be reviewed if the worker involved makes illustration.

Action if Appeal is filed-

Competent disciplinary authority might proceed with the establishment/completion of disciplinary proceedings, together with imposition of the penalty as prescribed within the related disciplinary guidelines, on the premise of convection imposed on a public servant by a legal court docket, not withstanding the truth that the next court docket on an attraction filed by the general public servant involved, might order suspension of the “sentence” handed by the trial court docket until the ultimate disposal of the attraction.

No second Appeal :-

No additional attraction lies towards the order of the appellate authority (i) upholding the penalty already imposed, or (ii) lowering the penalty already imposed.

However the place the penalty has been enhanced by the appellate / Reviewing authority second attraction shall lie towards the improved penalty already imposed.

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

Appellate Authority as Revising Authority :-

In circumstances, the place the appellate authority acts as Reviewing ( revising) authority, throughout the prescribed time restrict, there isn’t a objection for the appellate authority to behave as Reviewing ( revising) authority, even after the worker’s switch to a different Railway / Division.

Review ( revising) one’s personal orders :-

An authority, even when he’s in any other case a reliable to revoke an order, can not revise order handed by itself.

Appeal wrongly addressed:-

A benevolent angle needs to be taken and the worker involved suggested instantly to right the tackle and so on. if vital. The worker could also be both referred to as in workplace or providers of Welfare Inspectors utilized for getting vital corrections made.

Ineffective punishment and treatment therefore-

The Disciplinary Authority should be certain earlier than ordering punishment of stoppage of increments that the workers involved has scope to earn these increment, ie he isn’t on the most of the grade. In such a case, the case needs to be referred again to the Disciplinary Authority, who might cancel the unique punishment, evaluation his personal order and impose a contemporary one.

Reduction to decrease time scale and fixing at decrease stage:

An worker was diminished to decrease scale and his pay was additionally mounted at minimal of the grade. It is clarified that, there’s nothing improper in it and it can’t be taken as twin jeopardy / double punishment.

Recovery from pay-

It have to be ordered solely when the loss brought on has been quantified and legal responsibility has been lastly mounted. The precise quantity to be recovered have to be indicated within the order. The installments could also be mounted in session with the delinquent in order to be neither too harsh nor too simple. The stability quantity may be recovered DCRG.

Penalty of Recovery from pay  of the  loss attributable to railway servant may be imposed along with one other penalty.

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

Stoppage of Passes.

This is relatively a a lot lighter penalty. It needs to be issued when it comes to variety of units of passes / PTOs fairly than interval.

Post retirement passes can’t be stopped beneath DAR.

Removal of momentary worker.

It wouldn’t be right to take away a brief worker from service for the explanations of unauthorized absence. He needs to be afforded a chance beneath D&A Rules earlier than being faraway from service.

However this Rule is not going to apply to the informal labour with momentary standing who haven’t been absorbed on common foundation.

Transfer of delinquent –

When after challenge of cost sheet, the worker is transferred beneath the management of one other disciplinary authority, the brand new disciplinary authority needn’t begin de novo proceedings and keep on from the purpose the place the switch was effected.

Disciplinary Authority for transferred workers

Where an worker has been transferred from one station , division or railway to a different station , division or railway and relieved, the Disciplinary authority shall be the authority beneath whose management he has been transferred and never the outdated one.

Officers performing present duties of a publish can not train statutory powers beneath DAR.

Authority competent to conduct departmental inquiry the place reality discovering inquiry is held.-

Except in circumstances of accident circumstances, audit reported circumstances & SPE /Vig circumstances, the disciplinary motion ought to to not be entrusted to an officer decrease in standing than that of the officer, who performed the actual fact discovering inquiry.

Change of Inquiry Officer-

Whenever a Inquiry Officer is modified, a contemporary appointment order needs to be issued.

No discount is to be ordered to the publish under to which one was recruited.

Safety associated disciplinary circumstances:

Consultation with the Safety division is a necessary requirement wherever disciplinary / appellate/revisionary authority disagrees with the view of the security division in security associated disciplinary circumstances.

Status of the disciplinary case within the occasion of dying of the charged official.

The query whether or not the disciplinary case initiated towards a Railway Servant beneath the Railway servants (Discipline and Appeal) Rules, 1968 might be closed within the occasion of dying of the charged official through the pendency of the proceedings, has come up for consideration of this Ministry on fairly just a few events within the current previous. It is clarified that the disciplinary proceedings needs to be closed instantly on the dying of the charged Railway servant.

Promotion when penalty of withholding of increment is imposed.

If a Railway Servant turn out to be due for promotion after the penalty of withholding of increment or promotion is imposed, he needs to be promoted solely after the expiry of the interval of the penalty, supplied that the place the penalty of withholding of increment grew to become operative from the longer term date, the particular person involved needs to be in his flip and the penalty needs to be imposed within the promotional grade for a similar interval of punishment.

When an worker is held responsible and penalized and consequently not promoted until the date of completion of penalty interval can’t be taken as double punishment.

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

Such a penalty turns into in fructuous because it can’t be applied.

Two or extra penalties of withholding of increment:-

The worker who’s punished with withholding of increments quickly for a particular durations in a couple of case individually, needs to be restored to the following stage within the time scale after expiry of the primary punishment. The subsequent penalty of withholding increment can be applied on restoration of the sooner penalty.

Seniority of the worker on Withholding of increment

Withholding of increment whether or not with or with out cumulative impact is not going to have the have an effect on the seniority of the worker involved, until the penalty offers for lack of seniority.

Holding Inquiry is necessary– whether it is proposed to withhold increments of pay for a interval exceeding 36 months, or withhold increments of pay with cumulative impact, or withholding of  increments of pay is prone to   adversely impact the quantity of pension.

Adequacy of Punishment:-

Tribunal can not intrude the findings of the Enqiry Officer or the competent authority as far as the quantum of the punishment. The court docket has no powers to substitute its personal resolution over that of the Disciplinary Authority.

Conducting of departmental inquiries in Hindi:-

The principal of pure justice requires that the delinquent worker will need to have affordable alternative of defending himself and he’s unable to grasp English, the assertion of allegations could also be equipped to him in Hindi and the Inquiry Officer also needs to clarify to the delinquent worker in a language identified to the delinquent in a language identified to the delinquent the purport of the proceedings.

Personnel Branch Officers to not challenge cost sheet to others.

It wouldn’t be right for Personnel Branch Officers to not challenge cost sheet and impose penalties on workers who should not beneath their administrative management even in reference to irregularities within the matter of Passes, Quarters and so on.

Dropping of costs after receiving written assertion of defence:-

The Disciplinary Authority has the inherent energy to evaluation and modify the articles of cost, or drop among the costs or all the fees after receipt of written assertion of defence submitted by the accused Railway servant.

The costs made towards the delinquent have to be particular and never obscure.

No one who has been dismissed from Government service or convicted for a legal offense shall be re-employed, with out the sanction of the President, or if the employment or re-employment is to a Group C or D publish, with out the sanction of the General Manager.

Speaking order:- While imposing any of the penalties laid down in D&A Rules, talking orders indicating a specific penalty, have to be handed.

The identical process needs to be adopted by the appellate authority whereas passing orders on appeals.

Orders recorded in file are remaining:

The resolution recorded on the file by the Authority, even when not communicated, shall be remaining and can’t be modified by that Authority himself or by his successor-in workplace. The resolution taken by the disciplinary authority ( aside from the Head of the state) is a judicial resolution and as soon as it’s arrived, it’s remaining.

Communication of orders:

If a choice recorded on the file couldn’t be communicated to the charged official by the authority who had recorded the stated resolution, the successor disciplinary authority will merely act as within the function of a communicator of the choice already taken by his predecessor

Facility of Passes, Traveling Allowance to the accused Railway Servant and their aiding individuals for attending earlier than Inquiring Authority.

For attendance earlier than inquiry authority

Accused Railway Servant Eligible for Passes and TA.
Accused Railway Servant beneath 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 beneath suspension Eligible for Passes and TA.can be selected reinstatementRule 2044 –RII (1343 of 1987 edn)
Assisting Railway Servant Eligible for Passes and Special Casual Leave. No TA / DA.eligible
Retired servant to help 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 docket of Law.

Accused Railway Servant Not admissible for Passes and TA. Such services are eligible in departmental circumstances solely. 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 particular person, whether or not he’s A Railway Servant, Central or State Government or not, who is named to provide proof in a departmental inquiry, both the Railway Administration or the Railway Servant towards whom the inquiry is being held, shall be entitled to fee of touring and different bills .

Spot fee to public witness

In order to encourage public witness to attend and assist expeditious finalisation of inquiries, the inquiry officer might make fee to them on spot in keeping with the standing of the particular person in public life topic to most of Rs 25/-e topic to most of Rs 25/- day. The fee could also be made out of station assortment.

For fee of upper fee , approval of DRM/HOD needs to be taken as per rule 343 RI ( 1696 of 1987 edn)

Standard Forms to be used in Disciplinary Proceedings

Form No.                                   Description

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

(b)Appointment of Presenting Officer in widespread proceedings

  1. Memorandum of cost for imposing minor penalty

(b)Charge-sheet for initiation on Minor penalty proceedings in circumstances the place Disciplinary Authority decides to carry inquiry beneath Rule11(1)(b)/11(2)

(c ) Taking disciplinary motion for minor penalty the place

cost sheet for main penalty was initially issued.

  1. Memorandum the place motion is proposed beneath Rule14 (i)
  2. Standard type of sanction beneath Rule 2308 R II
  3. 14. Standard type of cost sheet for proceedings beneath 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 laid out in clauses (i),(ii),(iii), (iii a),(iii b) & (iv) of Rule 6 within the case of officers as much as and together with Selection Grade officer of JAG  

 

PRESIDENT

Group “B” Suspension and the penalties laid out in clauses (i) to (vi) of Rule 6 RAILWAY        BOARD
PRINCIPAL HEADS OF DEPARTMENT Group “A” Suspension and the penalties laid out in clauses (i),(ii),(iii), (iii a),(iii b) & (iv) of Rule 6 within the case of officers in Junior Scale.    GENERAL   MANAGER
  Group “B” Suspension and the penalties laid out in clauses (i),(ii),(iii), (iii a),(iiib) & (iv) of Rule 6    GENERAL  MANAGER

Group ‘B’ officers who’re officiating in Senior Scale or are in Senior Scale on Adhoc foundation, for the aim of Railway Servants (D&A) Rules 1968, are to be handled 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 beneath this Schedule shall even be exercised by the co-ordinating Heads of the Departments or by the Heads of the departments in Senior Administrative Grade who’re in unbiased cost of their respective departments.

 

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