Do check our products such as, LIBIL: litigation check tool to mitigate legal risk, Patrol: case management tool to monitor and collaborate on cases, and legal research tool to access largest legal database.

RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

Preamble - RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President hereby makes the following rules, namely:-


Rule 1 - Short title and commencement

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

(2) They shall come into force on the 1st day of October, 1968.


Rule 2 - Definitions

(1) In these, unless the context otherwise requires,--

(a) "appointing authority" in relation to railway servant means?

(i) the authority empowered to make appointments to the service of which the railway servant is for the time being a member or to the grade of the service in which the railway servant is for the time being included; or

(ii) the authority empowered to make appointments to the post which the railway servant for the time being holds; or

(iii) the authority which appointed the railway servant to such service, grade or post, as the case may be; or

(iv) where the railway servant having been a permanent member of any other service or having substantively held any other permanent post, has been in continuous employment under the Ministry of Railway, the authority which appointed him to that service or to any grade in that service or to that post, whichever authority is the highest authority.

(b) "Commission" means the Union Public Service Commission;

(c) "Disciplinary authority" means,--

(i) in relation to the imposition of a penalty on a railway servant the authority competent under these rules to impose on him that penalty;

(ii) in relation to Rule 9 and clauses (a) and (b) of sub-rule (1) of Rule 11 in the case of any Gazetted railway servant, an authority competent to impose any of the penalties specified in Rule 6;

(iii) in relation to Rule 9, in the case of any non-Gazetted railway servant, an authority competent to impose any of the major penalties specified in Rule 6;

(iv) in relation to clauses (a) and (b) of sub-rule (1) of Rule 11 in the case of a non-Gazetted railway servant, an authority competent to impose any of the penalties specified in Rule 6.

(d) "head of the department" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the department in terms of clause (9) of Rule 2202 of Volume II of the Indian Railway Establishment Code;

(e) "railway servant" means a railway servant as defined in clause 13, Rule 102 of Volume I of the Indian Railway Establishment Code and includes any such railway servant on foreign service or whose services are temporarily placed at the disposal of any other department of the Central Government or a State Government or a local or other authority;

(f) "Service" means a service under the Ministry of Railways;

(g) "Schedule" means a schedule appended to these rules.

(2) All other words and expression used but not defined in these rules and defined in the Indian Railways Act, 1890,1 shall have the meaning respectively assigned to them under that Act.

NOTE

Charge sheet.?

The authority who can impose any major penalty can issue charge-sheet and, therefore, charge-sheet for removal issued by authority lower than G.M. is not invalid. [Ch. Somaraju v. Union of India, 1999 (3) SLJ 114 (CAT)].


Rule 3 - Application

(1) These rules shall apply to every railway servant but shall not apply to,--

(a) any member of the All-India Services;

(b) any member of the railway protection force as defined in the Railway Protection Force Act, 1957 (23 of 1957);

(c) any person in casual employment; and

(d) any person for whom special provision is made in respect of matters covered by these rules by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions.

(2) Notwithstanding anything contained in sub-rule (1) the President may by order exclude any class of railway servants from the operation of all or any of these rules.


Rule 4 - Authorities competent to place a railway servant under suspension

The authorities, who are competent to place a railway servant under suspension are specified in Schedules I. II and III.

Explanation.?

For the purpose of this rule, the competent authority in the case of a railway servant officiating in a higher post shall be determined with reference to the officiating post held by him at the time of taking action.


Rule 5 - Suspension

(1) A railway servant may be placed under suspension,--

(a) where a disciplinary proceeding against him is contemplated or is pending; or

(b) where, in the opinion of the authority competent to place a railway servant under suspension, he has engaged himself in activities prejudicial to the interest of the security of the State; or

(c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial :

Provided that, where in exceptional circumstances any authority competent to pass orders of suspension makes such an order in respect of a railway servant whom he is not competent to suspend, that authority shall forthwith report to the authority competent to place such a railway servant under suspension the circumstances in which the order was made and obtain his approval.

(2) A railway servant shall be deemed to have been placed under suspension by an order of the competent authority--

(a) with effect from the date of his detention, if he is detained in custody whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;

(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.

Explanation.?

The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.

(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a railway servant under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a railway servant is set aside or declared or rendered void in consequence of or by a decision of a Court of law and the disciplinary authority on consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the railway servant shall be deemed to have been placed under suspension by the competent authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.

(5)     (a) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.

(b) Where a railway servant is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise, and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing direct that the railway servant shall continue to be under suspension until the termination of all or any of such proceedings.

(c) An order of suspension made or deemed to have been made under this rule may at any time be modified or revoked by the authority which is made or is deemed to have made the order or by any authority to which that authority is subordinate.


Rule 6 - Penalties

(1) The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a railway servant, namely :--

Minor penalties :

(i) censure;

(ii) withholding of his promotion for a specified period;

(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government or Railway Adminis- tration by negligence or breach of orders;

(iv) withholding of increments of pay for a specified period with further directions as to whether on the expiry of such period this will or will not have the effect of postponing the future increments of his pay;

Major penalties :

(v) Save as provided for in clause (iii-b), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increment of his pay;1

(vi) reduction to a lower time-scale of pay, grade, post or service, with or without further directions regarding conditions of restoration to the grade or post or service from which the railway servant was reduced and his seniority and pay on such restoration to the grade, post or service;

(vii) compulsory retirement;

(viii) removal from service which shall not be a disqualification for further employment under the Government or railway administration;

(ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government or railway administration :

Provided that, in cases of persons found guilty of any act or omission which resulted or would have ordinarily resulted in collisions of railway trains, one of the penalties specified in clauses (viii) and (ix) shall ordinarily be imposed and in cases of passing railway signals at danger, one of the penalties specified in clauses (v) to (ix) shall ordinarily be imposed and where such penalty is not imposed, the reasons therefor shall be recorded in writing.

(2) Notwithstanding anything |contained in sub-rule (1), the following minor penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a non-Gazetted railway servant, namely :

(i) withholding on the privilege ticket orders or both; and

(ii) fine.

Explanation 1.?

The following shall not amount to a penalty within the meaning of this rule, namely :

(i) withholding of increment of pay of a railway servant for failure to pass any departmental explanation in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment;

(ii) stoppage of a railway servant at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;

(iii) non-promotion of a railway servant, whether in a substantive or officiating capacity, after consideration of his case, to a service, grade or post for promotion to which he is eligible;

(iv) reversion of a railway servant officiating in a higher service, grade or post to a lower service, grade or post, on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct;

(v) reversion of a railway servant, appointed on probation to any other service, grade or post, to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation; .

(vi) replacement of the services of a railway servant, whose services had been borrowed from any other Ministry or Department of the Central Government or a State Government or an authority under the control of the Central Government or a State Government, at the disposal of the Government or the authority from which the services of such railway servant had been borrowed;

(vii) compulsory retirement of a railway servant in accordance with the provisions relating to his superannuation or retirement;

(viii) termination of the services--

(a) of a railway servant appointed on probation during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation; or

(b) of a temporary railway servant in accordance with Rule 149 contained in Volume I of the Indian Railway Establishment Code; or

(c) of a railway servant, employed under an agreement, in accordance with the terms of such agreement.

(ix) discharge of railway servant--

(i) for inefficiency due to failure to conform to the requisite standard of physical fitness;

(ii) on reduction of establishment.


Rule 7 - Disciplinary authorities

(1) The President may impose any of the penalties specified in Rule 6 on any railway servant.

(2) Without prejudice to the generality of the provisions of sub-rule (1) any of the penalties specified in Rule 6 may be imposed on a railway servant by the authority specified in Schedules I, II and III.

(3) The disciplinary authority in the case of a railway servant officiating in a higher post, shall be determined with reference to the officiating post held by him at the time of taking action.


Rule 8 - Authority to institute proceedings

(1) The President or any other authority empowered by him by general or special order may,--

(a) institute disciplinary proceedings against any railway servant;

(b) direct a disciplinary authority to institute disciplinary proceedings against any railway servant on whom that disciplinary authority is competent to impose under these rules any of the penalties in Rule 6.

(2) A disciplinary authority competent under these rules to impose any of the penalties specified in clauses (i) to (iv) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 may, subject to the provisions of clause (c) of sub-rule (2) of Rule 2, institute disciplinary proceedings against any railway servant for the imposition of any of the penalties specified in clauses (v) to (ix) of sub-rule (1) of Rule 6, notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties.


Rule 9 - Procedure for imposing major penalties

1(1) No order imposing any of the penalties specified in clauses (v) to (ix) of Rule 6 shall be made except after an inquiry held as far as may be, in the manner provided in this rule and Rule 10, or in the manner provided by the Public Servants (Inquiries) Act. 1850 (37 of 1850) where such inquiry is held under that Act.

(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiry into the truth of any imputation of misconduct or misbehaviour against a railway servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act 1850 as the case may be, a Board of Inquiry or other authority to inquire into the truth thereof.

(3) Where a Board of Inquiry is appointed under sub-rule (2), it shall consist of not less than two members, each of whom shall be higher in rank than the railway servant against whom the inquiry is being held and none of whom shall be subordinate to the other member or members as the case may be, of such Board.

(4) Where the Board of Inquiry consists of two or more than two members, the senior member shall be the Presiding Officer.

(5) Every decision of the Board of Inquiry shall be passed by majority of votes and, where there is an equality of votes on the findings, the findings of each member shall be incorporated in the report prepared under clause (i) of sub-rule (25).

Explanation.?

Where the disciplinary authority itself holds the inquiry, any reference in sub-rule (12) and in sub-rule (14) the sub-rule (25), to the inquiring authority shall be construed as a reference to the disciplinary authority.

(6) Where it is proposed to hold an inquiry against a railway servant under this rule and Rule 10, the disciplinary authority shall draw up or cause to be drawn up,--

(i) the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge;

(ii) a statement of the impressions of misconduct or misbehaviour in support of each article of charge which shall contain :

(a) a statement of all relevant facts including any admission or confession made by the railway servant;

(b) a list of documents by which, and a list of witnesses by whom the articles of charge are proposed to be substantiated.

(7) The disciplinary authority shall deliver or cause to be delivered to the railway servant a copy of the articles of charge, the statement of the imputations of misconduct for misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the railway servant to submit a written statement of his defence within ten days or such further time as the disciplinary authority may allow.

Note.? If copies of documents have not been delivered to the railway servant along with the article of charge and if he desires to inspect the same for the preparation of his defence, he may do so within ten days from the date of receipt of the articles of charge to him and complete inspection within ten days thereafter, and shall state whether he desires to be heard in person.

(8) The railway servant may, for the purpose of his defence, submit with written statement of his defence, a list of witnesses to be examined on his behalf.

Note.? If the railway servant applies in writing, for the supply of copies of the statement of witnesses mentioned in the list referred to in sub-rule (6), the disciplinary authority shall furnish him with a copy each of such statement as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority.

(9)     (a)    (i) On receipt of the written statement of defence, the disciplinary authority shall consider the same and decide whether the inquiry should be proceeded with under this rule.

(ii) Where the disciplinary authority decides to proceed with the inquiry it may itself inquire into such of the articles of charge as are not admitted or appoint under sub-rule (2) a Board of Inquiry or other authority for the purpose.

(iii) Where all the articles of charge have been admitted by the railway servant in his written statement of defence, the disciplinary authority shall record its findings on each charge, after taking such further evidence as it may think fit and shall act in the manner laid down in Rule 10.

(iv) If the disciplinary authority, after consideration of the written statement of defence, is of the opinion that the imposition of a major penalty is not necessary, it may drop the proceeding already initiated by it for the imposition of major penalty, without prejudice to its right to impose any of the minor penalties, not attracting the provisions of sub-rule (2) of Rule 11, where the disciplinary authority so drops the proceeding but considers it appropriate to impose any of the minor penalties, not attracting the provisions of sub-rule (2) of Rule11, it may make an order imposing such penalty and it will not be necessary to give the railway servant any further opportunity of making representation before the penalty is imposed.

(b) If no written statement of defence is submitted by the railway servant, the disciplinary authority may itself inquire into the articles of charge or may, if it consider it necessary to do so, appoint, under sub-rule (2) an inquiring authority for the purpose and also inform the railway servant of such appointment.

(c) Where the disciplinary authority itself inquires into any article of charge or appoints a Board of Inquiry or any other inquiring authority for holding an inquiry into such charge it may by an order in writing, appoint a railway or any other Government servant to be known as "Presenting Officer" it presents on its behalf the case in support of the articles of charge.

(10) The disciplinary authority shall, where it is not the inquiring authority, forward to the inquiring authority,--

(i) a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour;

(ii) a copy of the written statement of defence, if any, submitted by the railway servant;

(iii) a copy of the statement of witnesses, if any, referred to in sub-rule (6);

(iv) evidence proving the delivery of the documents referred to in sub-rule (6) to the railway servants;

(v) a copy of the order appointing the 'Presenting Officer' if any;

and

(vi) a copy of the list of witnesses, if any, furnished by the railway servant.

2[fn(11) Railway Servant shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt of the inquiring authority of the order appointing him as such, as the inquiring authority may, by a notice in writing, specify in this behalf, or within such further time not exceeding ten days, as the inquiring authority may allow.]

(12) The inquiring authority shall, if the railway servant fails to appear within the specified time or refuses or omits to plead, require the ?Presenting Officer?, if any, to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the railway servant may for the purpose of preparing its defence be given a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in possession of Railways Administration but not mentioned in the list referred to in sub-rule (6).

Note.? The Railway servant shall indicate the relevance of the documents required by him to be discovered or produced by the Railway Administration.

(13) 3[(a) The railway servant may represent his case with the assistance of any other railway servant (including a railway servant on leave preparatory to retirement) working under the same Railway Administration, subject to whose jurisdiction and control he is working. He cannot engage a legal practitioner for the purpose, unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner or the disciplinary authority having regard to the circumstances of the case, so permits. If the railway servant is employed in the office of the Railway Board, its attached office or subordinate office, he may present his case with the assistance of any other railway servant (including a railway servant on leave preparatory to retirement), employed in the office of the Railway Board, attached office or subordinate office, as the case may be, in which he is working.]

(b) The railway servant may also present his case with the assistance of a retired railway servant, subject to such conditions as may be specified by the President from time to time by general or special order in this behalf.

Note.? 1[(1) A non-Gazetted railway servant may take the assistance of an official of a Railway Trade Union, recognised by the Railway Administration under which the railway servant is employed to present his case before an inquiring authority but shall not engage a legal practitioner for the above purpose except in the circumstances brought out in clause (a). An official of a Railway Trade Union shall not be allowed to appear on behalf of an alleged delinquent railway official in connection with a disciplinary case pending against the official, to present his case favourably before an inquiring authority unless he has worked as such in a recognised Railway Trade Union for a period of at least one year continuously prior to his appearance before an inquiring authority for the above purpose and subject to the condition that he takes no fees.]

(2) Nomination of an assisting railway servant or an official of a recognised Railway Trade Union shall be made within 20 days from the date of the appointment of inquiring authority and it shall not be accepted if at the time of nomination the assisting railway servant or the official of a recognised Railway Trade Union has more than 2[three] pending disciplinary cases in which he has to assist.

(14) After the nomination of the assisting railway servant or the official of a Railway Trade Union and other necessary steps preliminary to the inquiry are completed, a date, ordinarily not exceeding one month from the date of appointment of the inquiring authority, shall be fixed for the inquiry and the railway servant informed accordingly.

(15) The inquiring authority shall, on receipt of the notice for discovery or production of documents, forward the same, or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition :

Provided that, the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition on such of the documents as are, in its opinion, not relevant to the case.

(16) On receipt of the requisition referred to in sub-rule (15) every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority by the specified time :

Provided that, if the authority having the custody or possession of requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the railway servant and withdraw the requisition made by it for the production or discovery of such documents.

(17) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved, shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting Officer, if any, and may be cross-examined by or on behalf of the railway servant. The Presenting Officer, if any, shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.

(18) If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may, in its direction, allow the Presiding Officer, if any, to produce evidence not included in the list given to the railway servant or may itself call for new evidence or recall and re-examine any witness and in such case the railway servant shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the days of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the railway servant an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the railway servant to produce new evidence if it is of the opinion that the production of such evidence is necessary in the interest of justice.

Note.? New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally.

(19) When the case for the disciplinary authority is closed, the railway servant shall be required to state his defence orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the railway servant shall be required to sign the record. In either case a copy of the statement of defence shall be given to the Presiding Officer, if any.

(20) The evidence on behalf of the railway servant shall then be produced. The railway servant may examine himself in his own behalf, if he so prefers. The witnesses produced by the railway servant shall then be examined by or on behalf of him and shall be cross-examined by or on behalf of the Presiding Officer, if any. The railway servant shall be entitled to re-examine the witnesses on any point on which they have been cross-examined, but not on any matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.

(21) The inquiring authority may, after the railway servant closes his case, and shall, if the railway servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the railway servant to explain any circumstances appearing in the evidence against him.

(22) The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, if any, and the railway servant, or permit them to file written briefs for their respective cases, if they so desire.

(23) If the railway servant, to whom a copy of the articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex parte.

(24) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein and is succeeded by another inquiring authority which has, and which exercises, such jurisdiction the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor, and partly recorded by itself :

Provided that, if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore provided.

(25)     (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain :

(a) the articles of charge and the statement of imputations of misconduct of misbehaviour;

(b) the defence of the railway, servant in respect of each article of charge;

(c) an assessment of the evidence in respect of each article of charge; and

(d) the findings on each article of charge and the reasons therefor.

Explanation.? If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of charge, it may record its findings on such article of charge :

Provided that, the findings on such article of charge shall not be recorded unless the railway servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity defending himself against such articles of charge.

(ii) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include :

(a) the report prepared by it under clause (i);

(b) the written statement of defence, if any, submitted by the railway servant;

(c) the oral and documentary evidence produced in the course of the inquiry;

(d) written briefs, if any, filed by the Presiding Officer, if any, or the railway servant or both during the course of the inquiry; and

(e) the orders, if any, made by the disciplinary authority in the inquiry.


Rule 10 - Action on the inquiry report

(1) If the disciplinary authority, having regard to its own findings where it is itself the Inquiring authority, or having regard to its decision on ail or any of the findings on the inquiring authority, is of the opinion that the penalty warranted is such as is within its competence, that authority may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interests of justice, recall the witness and examine, cross-examine and re-examine the witness and may impose on the railway servant such penalty as is within its competence in accordance with these rules. Where such disciplinary authority is of the opinion that the penalty warranted is such as is not within its competence, that authority shall forward the records of the inquiry to the appropriate disciplinary authority, who shall act in the manner as hereinafter provided.

(2) The disciplinary authority, if it is not itself the inquiring authority, may, for reasons to be recorded by it in writing, remit the case, to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold further inquiry according to the provisions of Rule 9 as far as may be.

(3) The disciplinary authority shall, if it disagreed with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.

(4) If the disciplinary authority having regard to its findings on all or any of the articles of charges is of the opinion that any of the penalties specified in clauses (i) and (iv) of sub-rule (1), and clauses (i) and (ii) of sub-rule (2), of Rule 6 should be imposed on the railway servant, it shall, notwithstanding anything contained in Rule 11, make an order imposing such penalty :

Provided that, in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and such advice shall be taken into consideration before making any order imposing any penalty on the railway servant.

(5) If the disciplinary authority, having regard to its findings in all or any of the articles of charges and on the basis of evidence adduced during the inquiry, is of the opinion that one of the penalties specified in clauses (v) and (ix) of Rule 6 shall be imposed on Railway servant it shall make an order imposing such penalty and it shall not be necessary to give the Railway servant any opportunity of making representation on the penalty proposed to be imposed.


Rule 11 - Procedure for imposing minor penalties

(1) Subject to the provisions of sub-rule (4) of Rule 10 no order imposing on a railway servant any of the penalties specified In clauses (1) to (iv) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 shall be made except after--

(a) informing the railway servant in writing of the proposal to take action against him and the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;

(b) holding an inquiry in the manner laid down in sub-rules (3) to (19) of Rule 9, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;

(c) taking the representation, if any, submitted by the railway servant under clause (a) and the record of inquiry, if any, held under clause (b) into consideration;

(d) recording a finding on each imputation of misconduct or misbehaviour; and

(e) consulting the Commission where such consultation is necessary.

(2) Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case it is proposed, after considering the representation, if any, made by the railway servant under clause (a) of that sub-rule to withhold increments of pay and such withholding of increments, is likely to affect adversely the. amount of pension payable to the railway servant or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, any period, any inquiry shall be held in the manner laid down in sub-rules 5[(6) to (25)] of Rule 9 before making any order imposing on the railway servant any such penalty.

(3) 1[Deleted].

(4) The record of the proceedings in cases specified in sub-rules (1) and (2), shall include,--

(i) a copy of the intimation to the railway servant of the proposal to take action against him;

(ii) a copy of the statement of imputations of misconduct or misbehaviour delivered to him;

(iii) his representation, if any;

(iv) the evidence produced during the inquiry, if any;

(v) the advice of the Commission, if any;

(vi) the findings on each imputation of misconduct or misbehaviour; and

(vii) the orders on the case together with the reasons therefor.

_________________________________________

1. eleted by Railway Board Letter No. E (D&A) 78-RG-6-11, dated 6th February, 1980.


Rule 12 - Communication of orders

Orders made by the disciplinary authority shall be communicated to the railway servant, who shall also be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authority and a copy of its findings on each article of charge, or, where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority and a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority (unless they have already been supplied to him) and also a copy of the advice, if any, given by the Commission and where the disciplinary authority has not accepted the advise of the Commission, a brief statement of the reasons for such non-acceptance.


Rule 13 - Common proceedings

(1) Where two or more railway servants are concerned in any case, the President or any other authority competent to impose the penalty of dismissal from service on all such railway servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

Note.? If the authorities competent to impose the penalty of dismissal on such railway servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.

(2) Any such order shall specify :

(i) the authority which may function as the disciplinary authority for the purpose of such common proceeding;

(ii) the penalties specified in Rule 6 which such disciplinary authority shall be competent to impose; provided that such authority shall not impose the penalties specified in clauses (vii) to (ix) of that rule if that authority is subordinate to the appointing authority;

(iii) whether the procedure laid down in Rules 9 and 10 or Rule 11 shall be followed in the proceeding.


Rule 14 - Special procedure in certain cases

Notwithstanding anything contained in Rules 9 to 13 :

(i) where any penalty is imposed on a railway servant on the ground of conduct which has led to his conviction on a criminal charge; or

(ii) where the disciplinary authority is satisfied, for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules; or

(iii) where the President is satisfied that in the interest of the security of the State, it is not expedient to hold an inquiry in the manner provided in these rules; the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit :

Provided that the Commission shall be consulted, where such consultation is necessary before any orders are made in any case under this rule.


Rule 15 - Provisions regarding railway servants lent to State Government, etc

(1) Where the services of a railway servant are lent, to any other Ministry or Department of the Central Government or to a State Government or an authority subordinate thereto or to a local or other authority (hereinafter in this rule referred to as "the borrowing authority"), the borrowing authority shall have the powers of the authority competent to place the railway servant under suspension for the purpose of placing him under suspension and of the disciplinary authority for the purpose of conducting disciplinary proceeding against him :

Provided that the borrowing authority shall forthwith inform the authority which lent the services of the railway servant (hereinafter in this rule referred to as "the lending authority") of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceeding, as the case may be.

(2) In the light of findings in the disciplinary proceeding conducted against the railway servant,--

(i) if the borrowing authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2), of Rule 6 should be imposed on the railway servant, it may, after consultation with the lending authority, make such orders on the case as it deems necessary :

Provided that in the event of a difference of opinion between the borrowing authority and the lending authority, the services of the railway servant shall be replaced at the disposal of the lending authority;

(ii) if the borrowing authority is of the opinion that any of the penalties specified in clauses (v) to (ix) of sub-rule (1) of Rule 6 should be imposed on the railway servant, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry and thereupon the lending authority may, if it is the disciplinary authority, pass such orders thereon as it may deem necessary or, if it is not the disciplinary authority, submit the case to the disciplinary authority which shall pass such orders on the case as it may deem necessary :

Provided that, before passing such order the disciplinary authority shall comply with the provisions of sub-rules (4) and (5) of Rule 10.

Explanation.? The disciplinary authority may make an order under this clause on the record of the inquiry transmitted to it by the borrowing authority, or after holding such further inquiry as it may deem necessary, as far as may be, in accordance with Rule 9.


Rule 16 - Provisions regarding officers borrowed from Central or State Government, etc

(1) Where an order of suspension is made or a disciplinary proceeding is conducted against a railway servant whose services have been borrowed from any other Ministry or Department of the Central Government, or a State Government or an authority subordinate thereto a local or other authority, the authority lending his services (hereinafter in this rule referred to as "the lending authority") shall forthwith be informed of the circumstances leading to the order of his suspension or of the commencement of the disciplinary proceeding against him as the case may be.

(2) In the light of the findings in the disciplinary proceeding conducted against the railway servant,--

(i) if the disciplinary authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 should be imposed on him, it may, subject to the provisions of sub-rule (4) of Rule 10 and except in regard to a Government servant serving in the Intelligence Bureau of the Ministry of Home Affairs up to the rank of an Assistant Central Intelligence Officer, after consultation, with the lending authority, pass such orders on the case as it may deem necessary :

Provided that, in the event of a difference of opinion between the borrowing authority and the lending authority the services of the railway servant shall be replaced at the disposal of the lending authority;

(ii) if the disciplinary authority is of the opinion that any of the penalties specified in clauses (v) to (ix) of sub-rule (1) of Rule 6 should be imposed on the railway servant, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such action as it may deem necessary.


Rule 17 - Orders against which no appeal lies

Notwithstanding anything contained in this part, no appeal shall lie against,--

(i) any order made by the President;

(ii) any order of an interlocutory nature or of the nature of step-in-aid of the final disposal of a disciplinary proceeding, other than an order of suspension;

(ii) any order passed by an inquiring authority in the course of an inquiry under Rule 9.


Rule 18 - Orders against which appeal lies

Subject to the provisions of Rule 17, a railway servant may prefer an appeal against all or any of the following orders, namely :

(i) an order of suspension made or deemed to have been made under Rule 15; (ii) an order imposing any of the penalties specified in Rule 6 whether made by the disciplinary authority or by any appellate or reviewing authority;

(iii) an order enhancing any penalty imposed under Rule 6;

(iv) an order which--

(a) denies or varies to his disadvantage his pay, allowance, pension, Provident Fund Benefits, service gratuity or other conditions of service as regulated by rules or by agreement;

Or

(b) interprets to his disadvantage the provisions of any such rule or agreement;

(v) an order--

(a) stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;

(b) reverting him while officiating in a higher service, grade or post to a lower service, grade or post, otherwise than as a penalty;

(c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules, if he is a pensionable railway servant;

(d) reducing or withholding the Government contribution to provident fund and special contribution to provident fund or gratuity admissible to him under the State Railway Provident Fund Rules and Gratuity Rules, if he is a non-pensionable railway 5 servant;

(e) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;

(f) determining his pay and allowances--

(i) for the period of suspension, or

(ii) for the period from the date of his dismissal, removal or compulsory retirement, from service to the date of his reinstatement, or

(g) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal or compulsory retirement to the date of his reinstatement shall be treated as a period spent on duty for any purpose.

Explanation.? In this rule,--

(i) the expression "railway servant" includes a person, who has ceased to be in railway service;

(ii) the expression "pension" includes additional pension, gratuity and any other retirement benefit.


Rule 19 - Appellate authorities

(1) A railway servant, including a person, who has ceased to be in railway service, may prefer an appeal against all or any of the orders specified in Rule 18 to the authority specified in this behalf either in the Schedules or, where no such authority is specified,--

(i) where a penalty is imposed by a reviewing authority under Rule 25, to the authority to which it is immediately subordinate;

(ii) where a penalty is enhanced, either in appeal or on review, to the authority to which the authority making the order is immediately subordinate;

(iii) in the case of an appeal against an order specified in clause (iv) of Rule 18, relating to a rule, to the authority which appointed the appellant or the authority which made the rule to which the order under appeal relates, whichever of them may be the high authority, and in the case of an appeal relating to an agreement, to the authority which appointed the appellant;

(iv) in the case of an appeal against an order specified in clause (v) of Rule 18--

(a) in respect of a railway servant on whom the penalty of dismissal from service can be imposed only by the President; and

(b) in respect of any other railway servant, to the authority to which the authority making the order is immediately subordinate.

(2) Notwithstanding anything contained in sub-rule (1)--

(i) an appeal against an order in a common proceeding held under Rule 13 shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding is immediately subordinate;

(ii) whether the person, who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall He to the authority to which such person is immediately subordinate :

Provided that, in a case where the appellate authority is the Railway Board, the appeal shall be dealt with by any member of the Railway Board, who has not made the order appealed against.

(3) A railway servant may prefer an appeal against an order imposing any of the penalties specified in Rule 6 to the President, where no such appeal lies to him under sub-rule (1) or sub-rule (2), if such penalty is imposed by any authority other than the President, on such railway servant in respect of his activities connected with his work as an office-bearer of an association, federation or union participating in the Joint Consultation and Compulsory Arbitration Scheme.


Rule 20 - Period of limitation for appeals

No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant :

Provided that, the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.


Rule 21 - Form and contents and submission of appeal

(1) Every person preferring an appeal shall do so separately and in his own name. An appeal forwarded through or countersigned by a legal practitioner or an assisting railway servant or a Railway Trade Union Official shall not be entertained but shall be returned with the direction to submit it under the signature of the appellant only.

(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself.

(3) The authority which made the order appealed against shall on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the appellate authority.


Rule 22 - Consideration of appeal

(1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of Rule 5 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

(2) In the case of an appeal against an order imposing any of the penalties specified in Rule 6 or enhancing any penalty imposed under the said rule, the appellate authority shall consider--

(a) whether the procedure laid down in these rules has been complied with, and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice;

(b) whether the findings of the disciplinary authority are warranted by the evidence on the record; and

(c) whether the penalty or the enhanced penalty imposed is adequate, inadequate;

And pass orders--

(i) confirming, enhancing, reducing or setting aside the penalty;

Or

(ii) remitting the; case to the authority which imposed or enhanced the penalty or to any other authority with such directions as it may deem fit in the circumstances of the case :

Provided that--

(i) the Commission shall be consulted in all cases where such consultation is necessary;

(ii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of sub-rule (1) of Rule 6 and an inquiry under Rule 9 has not already been held in the case, the appellate authority shall subject to the provisions of Rule 14 itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 9 and thereafter, on a consideration of the proceedings of such inquiry and make such orders as it may deem fit;

(iii) if the enhanced penalty which the appellate authority proposes to impose, is one of the penalties specified in clauses (v) to (ix) of sub-rule (1) of Rule 6 and an inquiry under Rule 9 has already been held in the case, the appellate authority shall, make such orders as it may deem fit;

And

(iv) subject to the provisions of Rule 14, the appellate authority shall--

(a) where the enhanced penalty which the appellate authority proposes to impose, is the one specified in clause (iv) of Rule 6 and falls within the scope of the provisions contained in sub-rule (2) of Rule 11; and

(b) where an inquiry: in the manner laid down in Rule 9, has not already been held in the case, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 9 and thereafter, on a consideration of the proceedings of such inquiry, pass orders as it may deem fit; and

(v) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be, in accordance with the provisions of Rule 11, of making a representation against such enhanced penalty.

(3) In an appeal against any other order specified in Rule 18 the Appellate Authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.

NOTE

Quantum of penalty.? Where the order of disciplinary authority imposing penalty of dismissal was survived and appellate authority upholds the same then it was not an enhancement of penalty noticing harsh. [Shri Narinder Singh v. The Railway Board, 1999 (3) SLJ 61 (CAT)].


Rule 23 - Implementation of orders in appeal

The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.


Rule 24 - Special provisions for non-Gazetted staff

(1) Where the penalty of dismissal, removal or compulsory retirement, reduction or withholding of increment has been imposed the appellate authority may, at its discretion and if it considers it necessary, give the non-Gazetted railway servant a personal hearing before disposing of the appeal. At this personal hearing, the railway servant may be accompanied. If he so chooses, by another railway servant employed on the same railway administration, office of the Railway Board, its attached office or subordinate office, as the case may be in which the appellant was or is working or an official (who is not a legal practitioner) of a Railway Trade Union recognised by the Railway Administration on which the appellant was or is employed.

(2) A group railway servant including a skilled artisan, who has been dismissed, removed or compulsorily retired from service may after his appeal, to the appropriate appellate authority has been disposed of, and within two months thereafter, apply to the General Manager for a revision of the penalty imposed on him.

In this application, he may, if he so chooses, request the General Manager to refer the case to the Railway Rates Tribunal for advice before he disposes it. On receipt of such a request, the General Manager shall refer the case to the Chairman, Railway Rates Tribunal, for advice sending him all relevant papers :

Provided that, the procedure mentioned in this sub-rule shall not apply in cases where the General Manager or the Railway Board is the Appellate Authority.


Rule 25 - Revision

(1) 1[Notwithstanding anything contained in these rules,--

(i) the President, or

(ii) the Railway Board, or

(iii) The General Manager of a Zonal Railway or an authority of that status in any other Railway Unit or Administration in the case of a railway servant serving under his or its control, or

(iv) the appellate authority not below the rank of a Deputy Head of Department or a Divisional Railway Manager in cases where no appeal has been preferred, or

(v) any other authority not below the rank of Deputy Head of Depart- ment or a Divisional Railway Manager in the case of a railway servant servicing under its control,

may at any time, either on his or its own motion or otherwise call for the records of any inquiry and revise any order made under the rules or under the rules repealed by Rule 29 and may, after consultation with the Commission where such consultation is necessary,--

(a) confirm, modify or set aside the order; or

(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed; or

(c) remit the case to the authority which made order or any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case; or

(d) pass such orders as it may deem fit :

Provided that--

(a) no order imposing or enhancing any penalty shall be made by any revising authority unless the railway servant has been given reasonable opportunity of making a representation against the penalty proposed;

(b) where it is proposed to impose any of the penalties specified in Clauses (v) to (ix) (both inclusive) of Rule 6 or to enhance the penalty imposed by the order under revision to any of the penalties specified in those clauses, subject to the provisions of Rule 14, where no enquiry in the manner laid down, in Rule 9 has already been held, no such order shall be passed except after consultation with the Commission where such consultation is necessary and unless such inquiry has been held, and

(c) subject to the provisions of Rule 14, the revising authority shall,--

(i) where the enhanced penalty which the revising authority proposed to impose is the one specified in clause (iv) of Rule 6 and falls within the scope of the provisions contained in sub-rule (2) of Rule 11; and

(ii) where an inquiry in the manner laid down in Rule 9 has not already been held in the case, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 9 and thereafter, on a consideration of the proceedings of such inquiry, pass such orders as it may deem fit :

Provided further that, no power of revision shall be exercised under this rule,--

(i) by the appellate or revising authority where it has already considered the appeal or the case and passed order thereon; and

(ii) by a revising authority unless it is higher than the appellate authority where an appeal has been preferred or where no appeal has been preferred and the time limit laid down for revision by the appellate authority, has expired.

Note.? The Proviso shall not apply in cases of revision by the President :

Provided further that, no action under this rule shall be initiated by (a) an appellate authority other than the President, or (b) the revising authorities mentioned in item (v) of sub-rule (1),--

(i) more than six months after the date of the order to be revised in cases where it is proposed to impose or enhance a penalty or modify the order to the detriment of the railway servant; or

(ii) more than one year after the date of the order to be revised in cases where it is proposed to reduce or cancel the penalty imposed or modify the order in favour of the railway servant.

Note.? (1) The time limits for revision for cases mentioned in this Proviso shall be reckoned from the date of issue of the orders proposed to be revised. In case where original order has been upheld by the appellate authority, the time limit shall be reckoned from the date of issue of the appellate orders.

(2) When revision is undertaken by the Railway Board or the General Manager of a Zonal Railway or an authority of the status of a General Manager in any other Railway Unit or Administration when they are higher than the appellate authority, and by the President even when he is the appellate authority, this can be done without restriction of any time limit.

(2) No proceeding for revision shall commence until after,--

(i) the expiry of the period of limitation for an appeal, or

(ii) the disposal of the appeal where any such appeal has been preferred:

Provided that, the provisions of this sub-rule shall not apply to the revision of punishment in case of railway accidents.]

NOTE

Words and Phrases--'Initiate'--Revision.? Where the penalty was imposed on 1.11.1994 and orders to enhance penalty was passed on 10.4.1995 after 6 months even then having once accepted the enquiry proceedings one cannot challenge it later as instructions are mere guidelines and do not supersede rules and the word 'initiate' means to begin. [Shri Chander Prakash v. The G.M., Northern Railway, 1999 (3) SLJ 214 (CAT)].


Rule 25A - Review

2The President may at any time either on his own motion or otherwise review any order passed under these rules when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case has come or has been brought to his notice :

Provided that, no order imposing or enhancing any penalty shall be made by the President unless the railway servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in Rule 6 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties shall be imposed except after inquiring in the manner laid down in Rule 9 subject to the provisions of Rule 14 and except after consultation with the Commission where such consultation is necessary :

Provided that,--

(a) no order imposing or enhancing any penalty shall be made by any reviewing authority unless the Railway servant has been given reasonable opportunity making a representation against the penalty proposed; and

(b) where it is proposed to impose any of the penalties specified in clauses (v) to (ix) (both inclusive) of Rule 6 or to enhance the penalty imposed by the order under review, to any of the penalties specified in those clauses, subject to the provisions of Rule 14, where no enquiry in the manner laid down in Rule 9, has already been held, no such order shall be passed except after consultation with the Commission where such consultation is necessary and unless such inquiry has been held;

(c) subject to the provisions of Rule 14, the reviewing authority shall--

(i) where the enhanced penalty which the reviewing authority purposes to impose, is the one specified in clause .(iv) of Rule 6 and falls within the scope of the provisions contained in sub-rule (2) of Rule 11; and

(ii) where an inquiry in the manner laid down in Rule 9, has not already been held in the case, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 9 and thereafter, on a consideration of the proceedings of such inquiry, pass such orders as it may deem fit :

Provided further that, no power of review shall be exercised under this rule--

(i) by the appellate or reviewing authority where it has already considered appeal or the case and passed orders thereon; and

(ii) by a reviewing authority unless it is higher than the appellate authority.

Note.? The Proviso shall not apply in cases of review by the President:

Provided further that, no action under this rule shall be initiated by (a) an appellate authority other than, the President, or (b) the reviewing authorities mentioned in item (v) of sub-rule (1)--

(i) more than six months after the date of the order to be reviewed in cases where it is proposed to impose or enhance a penalty or modify the order to the detriment of the railway servant; or

(ii) more than one year after the date of the order to be reviewed in case where it is proposed to reduce or cancel the penalty imposed or modify the order in favour of the railway servant.

Note.? The time-limits for review of cases mentioned in this Proviso shall be reckoned from the date of issue of the orders proposed to be reviewed. In a case where the original order has been upheld or modified or set aside by the appellate authority, the' time-limit shall be reckoned from the date of issue of the appellate order.

2. When review is undertaken by the Railway Board or the General Manager of a Zonal Railway or an authority of the status of a General Manager in any other Railway Unit or Administration when they are higher than the appellate authority, and by the President, even when he is the appellate authority, this can be done without restriction of any time-limit.

(2) No proceeding for review shall be commenced until after--

(i) the expiry of the period of limitation for an appeal, or

(ii) the disposal of the appeal, where any such appeal has been preferred :

Provided that, the provisions of this sub-rule shall not apply to the review of punishment in case of railway accidents.


Rule 26 - Service of orders, notices, etc

Every order, notice and other process made or issued under these rules shall be served in person on the railway servant concerned or communicated to him by registered post.


Rule 26A - Service of orders, notices, etc. on behalf of the Railway Board or President

1Any of the following officers in the Ministry of Railways shall be competent to sign on behalf of the Railway Board or President, any notice, process, order, etc. made or issued under these Rules :

(1) Secretary, Railway Board/Joint Secretary/Deputy Secretary;

(2) Executive Director/Director/Joint Director].

__________________________________________

1. bs. by G.S.R. 87, dated 16th February, 1999.


Rule 27 - Power to relax time-limit and to condone delay

Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these rules for anything required to be done under these rules or condone any delay.


Rule 28 - Supply of copy of Commission''s advice

Whenever the Commission is consulted as provided in these rules, a copy of the advice by the Commission and, where such advice has not been accepted, also a brief statement of the reasons for such non-acceptance, shall be furnished to the railway servant concerned along with a copy of the order passed in the case, by the authority making the order.


Rule 29 - Repeal and saving

(1) The discipline and appeal rules for railway servants, other than those employed in the Railway Protection Force, in force with effect from the 1st August, 1961 and any orders issued thereunder in so far as they are inconsistent with these rules are hereby repealed :

Provided that--

(a) such repeal shall not affect the previous operation of the said rules, or any order made, or anything done, or any action taken thereunder;

(b) any proceedings under the said rules, pending at the commencement of these rules shall be continued and disposed of, as far as may be, in accordance with the provisions of these rules as if such proceedings were proceedings under these rules.

(2) Nothing in these rules shall be construed as depriving any person to whom these rules apply, of any right of appeal which had accrued to him under the rules or orders in force before the commencement of these rules.

(3) An appeal pending at the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be made, in accordance with these rules, as if such orders were made and the appeals were preferred under these rules.

(4) As from the commencement of these rules any appeal or application for review against any orders made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules :

Provided that, nothing in these rules shall be construed as reducing any period of limitation for any appeal or review provided by any rule in force before the commencement of these rules.


Rule 30 - Removal of doubts

If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the President through the Railway Board, and the President shall decide the same.


Rule 31 - Right to submit petitions 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 Appendix X to the Indian Railway Establishments Code, Volume I.


Rule 32 - Power of the General Manager to frame Subsidiary Rules

The General Manager may, in respect of non-Gazetted Railway servant under his administrative control, make subsidiary rules not inconsistent with these rules or any rules made by the Railway Board for the purpose of giving effect to the provisions of these rules in so far as it is applicable to such Railway servant.


Schedule I - SCHEDULE I

[See Rule 4 and sub-rule (2) of Rule 7]

Item No.

Class of railwayservants

Authority empowered to place a railway servant under suspension or to impose penalties

Nature of penalties which the authority in Col. (3) is empowered" to impose on railway servants mentioned in corresponding entries in Col. (2) and powers of that authority to place them under suspension

Appellate Authority

 

(1)

(2)

(3)

(4)

(5)

 

RAILWAY BOARD'S OFFICE

 

1.

All classes of non-Gazetted railway servants.

Secretary, Railway Board

All penalties specified in Rule 6 and suspension.

Railway Board.

 

2.

All classes of non-Gazetted railway servants.

Deputy Secretary, Railway Board.

Penalties specified in clauses (i) to (iv) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 and suspension.

Secretary, Railway Board.

 

3.

Class IV staff

Under-Secretary (General) Railway Board.

Penalties specified in clauses (i) to (iv) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule6 and suspension.

Deputy Secretary, Railway Board.

 

RESEARCH DESIGN & STANDARDS ORGANISATION

 

1.

All classes of non-Gazetted railway servants.

Director-General

All penalties specified in Rule 6 and suspension.

Railway Board.

 

2.

All classes of non-Gazetted Railway servants.

Deputy Director-General.

All penalties specified in Rule 6 and suspension.

Director-General.

 

3.

All classes of non-Gazetted Railway servants.

Directors and Additional Directors.

All penalties specified in Rule 6 and suspension.

Director-General.

 

4.

All classes of non-Gazetted Railway servants.

Joint Director (Traffic Research).

All penalties specified in Rule 6 and suspension.

Director-General.

 

5.

All classes of non-Gazetted Railway servants.

Joint Directors other than Joint Director (Traffic Research).

All penalties specified in Rule 6 and suspension.

Director or Additional Director, as the case may be.

 

6.

All classes of non-Gazetted Railway servants except in grade Rs. 335--485(AS) and above.

Deputy Director Finance- cum-Pay Accounts Officer and Deputy Director Establishment.

Penalties specified in clauses (i) to (vi) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule6 and suspension.

Deputy Director General

 

7.

All classes of non-Gazetted Railway servants except in grade Rs. 335--385(AS) and above.

Deputy Directors other than (a) Deputy Director Finance-cum-Pay Accounts Officer and (b) Deputy Director Establishment.

Penalties specified in clauses (i) to (vi) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 and suspension.

Joint Director.

 

8.

Class IV staff.

Secretary to Director General.

Penalties specified in clauses (i) to (iv) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 and suspension.

Deputy Director General.

 

9.

All classes of non-Gazetted Railway servants except in grade Rs. 335--485(AS) and above.

(i) Assistant Directors Research (Civil) Research Directorate.(a) Assistant Directors (Mechanical), Research Directorate.

Penalties specified in clauses (i) to (vi) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 and suspension, if the authorities in Column (3) are in Senior Scale.

Next higher authority, (Deputy Director or Joint Director or Deputy Director General, as the case may be).

 

 

 

(iii) Assistant Directors Research (Signal and Telecommunication), Research Directorate.

 

 

 

 

 

 

 

(iv) Dynamometer Car Officers.

 

 

 

 

 

(v) Oscillograph Car Officers.

 

 

 

 

 

(vi) Sectional Officers (Controlling field investigation units and laboratories).

 

 

 

10.

(a) Class IV staff and artisans.

(i) Assistant Directors Research (Civil), Research Directorate. Penalties specified in clauses (i) to (vi) of sub-rule (1) and (i) and (ii) of sub-rule (2) of Rule6 and suspension on staff mentioned in Item 10(a) in Column (2), and penalties specified in clauses (i) to (v) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) suspension on staff mentioned in Item 10(b) in Column (2), if the authorities mentioned in Column (3) are in Junior Scale or in Class II.

Next higher authority. (Deputy Director or Joint Director or Deputy Director General, as the case may be).

 

 

 

(b) Class ill staff in scales up to Rs. 205--280(AS).

(ii) Assistant Directors Research (Mechanical), Research Directorate.

 

 

 

 

 

(iii) Assistant Directors Research (Signal and Telecommunication), Research Directorate.

 

 

 

 

 

(iv) Dynamometer Car Officers.

 

 

 

 

 

(v) Oscillograph Car Officers.

 

 

 

 

 

(vi) Sectional Officers (Controlling field investigation units and laboratories).

 

 

 

11.

(a) Class IV staff and artisans.

Assistant Directors other than those mentioned against Item 10, Assistant Engineer and Assistant Controller of Stores.

Penalties specified in clauses (i) to (vi) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 and suspension on start mentioned in Item 11 (a) in Column (2) of Rule 6 and suspension on staff mentioned in Item 11 (a) in Column (2), and penalties specified in clauses (i) to (v) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 and suspension on staff mentioned in Item 11(b) in Column (2).

Next higher authority. (Deputy Director or Joint Director or Deputy Director General, as the case may be).

 

 

(b) Class III staff in scales up to Rs. 205--280(AS).

 

 

 

 

INDIAN RAILWAYS SCHOOL OF SIGNAL ENGINEERING AND TELECOMMUNICATIONS, SECUNDERABAD,

 

1.

All classes of non-Gazetted railway servants.

Principal

All penalties specified in Rule 6 and suspension.

Railway Board.

 

2.

All non-Gazetted staff referred to in Column (4).

Senior Scale Officers.

(a) Penalty specified in clause (i) of sub-rule (1) of Rule 6 -- All non-Gazetted staff except in grade Rs. 450--575(AS) and above.

Principal.

 

 

 

 

(b) Penalties specified in clauses (ii), (iii), (iv) of sub-rule (1) and clause (ii) of sub-rule (2) of Rule 6-- All non-Gazetted staff except in grade Rs. 370--475/335 --485/350--475(AS) and above.

 

 

 

 

 

(c) Penalties specified in clauses (v) and (vi) of sub-rule (1) of Rule 6--All non-Gazetted staff except in grade Rs. 335--425(AS) and above.

 

 

 

 

 

(d) Penalty specified in clause (i) of sub-rule (2) of Rule 6.

 

 

 

 

 

For officers with ten years' service and less as Gazetted officers --

 

 

 

 

 

All non-Gazetted staff except in grade Rs. 370-475/335--485/350-475(AS) and above.

 

 

 

 

 

For officers with more than ten years' service as Gazetted officers --

 

 

 

 

 

All non-Gazetted staff except in grade Rs. 450--575(AS).

 

 

 

 

 

(e) Penalties specified in clause (vii), (viii) and (ix) of sub- rule (1) of Rule 6--All non-Gazetted staff for whom the Senior Scale Officers are the appointing or higher authorities.

 

 

 

 

 

(f) Suspension--All non-Gazetted staff in scales up to Rs. 335--425/270--435(AS).

 

 

3.

All non-Gazetted staff referred inColumn (4).

Officer in Junior Scale or in Class II.

(a) Penalties specified in clause (i) of sub-rule (1) and clause (i) of sub-rule (2) of Rule 6.?All non-Gazetted staff in grades up to Rs. 250--380/270--380(AS).

Senior Scale Officer.

 

 

 

 

 

 

 

 

 

 

 

 

(b) Penalties specified in clauses (ii), (iii), (iv) and (v) of sub-rule (1) and clause (ii) of sub-rule (2) of Rule 6--All non-Gazetted staff in scale of pay rising up to Rs. 240(AS).

 

 

 

 

(c) Penalty specified in clause (vi) of sub-rule (1) of Rule 6--Class IV staff.

 

 

 

 

(d) Penalties specified in clauses (vii), (viii) and (ix) of sub-rule (1) of Rule 6--Class IV staff for whom Officers in Junior Scale or in Class II are the Appointing Authorities.

 

 

 

 

(e) Suspension-- All non-Gazetted staff drawing Rs. 280 and below.

 

RAILWAY STAFF COLLEGE, BARODA.

1.

All classes of non-Gazetted railway servants.

Principal.

All penalties specified in Rule 6 and suspension.

Railway Board.

2.

All non-Gazetted railway servants referred to in column (4).

Establishment Officer [Instructor (Sr. Scale) Establishment and General subjects].

(a) Penalties specified in clauses (i) and (iii) of sub-rule (1) and clause (i) of sub-rule (2) of Rule 6 and suspension--All non-Gazetted staff except in scale of Rs.450--575(AS).

Principal.

 

 

 

(b) Penalty specified in clause (ii) of sub-rule (2) of Rule 6--All non-Gazetted staff except in scales above Rs 150--240(AS).

 

 

 

 

 

(c) Penalties specified in clauses (ii) and (iv) of sub-rule (1) of Rule 6--All non-Gazetted staff except in scales Rs. 370--475/335-- 485/350-475 and above.

 

 

 

 

 

(d) Penalties specified in clauses (v) and (vi) of sub-rule (1) of Rule 6--All non-Gazetted staff except in scales Rs. 335--425/270--435(AS) and above.

 

 

 

 

 

(e) Penalties specified in clauses (vii), (viii) and (ix) of sub-rule (1 ) of Rule 6--All Class IV staff and Artisans for whom the Establishment Officer is the Appointing Authority.

 

 

ADVANCED PERMANENT WAY TRAINING SCHOOL, POONA.

 

1.

All classes of non-Gazetted railway servants.

Principal

All penalties specified in Rule6 and suspension.

Railway Board.

 

2.

All non-Gazetted railway servants referred to in Column (4).

Vice-Principal (Senior Scale).

(a) Penalties specified in clauses (i) and (iii) of sub-rule (1) and clause (i) of sub-rule (2) of Rule 6 and suspension--All non-Gazetted staff except in scale of Rs. 450--575(AS).

Principal

 

 

 

 

(b) Penalty specified in clause (ii) of sub-rule (2) of Rule 6--All non-Gazetted staff except in scales above Rs. 150--240(AS).

 

 

 

 

 

(c) Penalties specified in clauses (ii) and (iv) of sub-rule (1) of Rule 6.?All non-Gazetted staff except in scales Rs. 370 --475/335--455/350-- 475 & above.

 

 

 

 

 

 

(d) Penalties specified in clauses (v) and (vi) of sub-rule (1) of Rule 6--All non-Gazetted staff except in scales Rs. 335--425/270--425 and above.

 

 

 

 

 

(e) Penalties specified in clauses (vii), (viii) and (ix) of sub-rule (1) of Rule 6--All Class IV staff and artisans for whom Vice-Principal is the Appointing Authority.

 

 

RAILWAY SERVICE COMMISSIONS.

 

 

All classes of non-Gazetted railway servants.

Chairman.

All penalties specified in Rule 6 and suspension.

Railway Board

 

RAILWAY RATES TRIBUNAL :

 

 

All classes of non-Gazetted railway servants.

Chairman.

All penalties specified in Rule 6 and suspension.

Railway Board

 

RAILWAY LIAISON OFFICE :

 

 

All classes of non-Gazetted railway servants.

Railway Liaison Officer.

All penalties specified in Rule 6 and suspension.

Railway Board.

 

ALL OTHER OFFICES :

 

 

All classes of non-Gazetted railway servants.

Head of Office.

All penalties in Rule 6 and suspension.

Railway Board.

 

 

 

 

 

 

 

 

 

Note (1).?

The Railway Board may impose any of the penalties specified in Rule 6 on all non-Gazetted railway servants employed in the offices mentioned in this Schedule and place them under suspension.

Note (2).?

The penalty of compulsory retirement or removal or dismissal from service shall be imposed only by the Appointing Authority or a higher Authority.