THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

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THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

 

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

 

THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

 

PART – I

 

 

GENERAL

 

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.

———————————————————————————————————– Published with the Ministry of Railways (Railway Board) Notifications –

 

S.No. Notification Date Published in the Gazette of IndiaPart II Section 3 Sub-section (i) GSR/SO No.     Date of Publication

 

1.         No.E(D&A) 66 RG 6-9 dated the 10th April, 1969; S.O. No.1531 dated the 24th June, 1969

 

2.         No.E(D&A) 67 RG 6-13 dated the7th April, 1971; S.O. No.1925 dated the 8th May, 1971

 

3.         No.E(D&A) 70 RG 6-63 dated the 9th June,1971; S.O. No.2501 dated the 3rd  July, 1971

 

4.         No.E(D&A) 70 RG 6-60 dated the 19th October,1971; S.O. No.5078 dated the 6th November, 1971

 

5.         No.E(D&A) 70 RG 6-41 dated the 21st October, 1971; S.O. No.4050 dated the 30th October, 1971

 

6.         No.E(D&A) 70 RG 6-43 dated the 12th November,1971; S.O. No.5264 dated the 4th December, 1971

 

7.         No.E(D&A) 70 RG 6-52 dated the 25th March, 1972; S.O. No.9467 dated the 8th April, 1972

 

8.         No.E(D&A) 70 RG 6-69 dated the 17th November,1972; S.O. No.3918 dated the 25th November, 1972

 

9.         No.E(D&A) 69 RG 6-9 dated the 5th February, 1973

 

10.       No.E(D&A) 71 RG 6-60 dated the 13th July, 1973; S.O. No.2897 dated the 6th October, 1973

 

11.       No.E(D&A) 75 RG 6-35 dated the 5th April, 1977; S.O. No.1413 dated the 14th May, 1977

 

12.       No.E(D&A) 77 RG 6-36 dated the 7th July, 1978; S.O. No.2193 dated the 29th July, 1978

 

13.       No.E(D&A) 78 RG 6-54 dated the 29th November, 1978; S.O. No.364 dated the 23rd December, 1978

 

14.       No.E(D&A) 77 RG 6-30 dated the 7th April, 1978

 

15.       No.E(D&A) 79 RG 6-26 dated the 17th August, 1979; S.O. No.3057 dated the 8th September, 1979

 

 

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16.       No.E(D&A) 79 RG 6-12 dated the 25th October, 1979; S.O. No.3777 dated the 17th November, 1979

 

17.       No.E(D&A) 78 RG 6-61 dated the 22nd November, 1979; S.O. No.3990 dated the 8th December, 1979

 

18.       No.E(D&A) 79 RG 6-39 dated the 31st December, 1979; S.O. No.143 dated the 19th January, 1980

 

19.       No.E(D&A) 78 RG 6-11 dated the 6th February, 1980; S.O. No.441 dated the 23rd February, 1980

 

20.       No.E(D&A) 81 RG 6-72 dated the 31st August, 1982

 

21.       No.E(D&A) 81 RG 6-63 dated the 10th August, 1983; GSR No.982 dated the 17th   December,1983

 

22.       No.E(D&A) 81 RG 6-54 dated the 31st May, 1984; GSR No.632 dated the 23rd June, 1984

 

23.       No.E(D&A) 82 RG 6-29 dated the 30th March, 1985; S.O. No.1822 dated the 27th   April, 1985

 

24.       No.E(D&A) 83 RG 6-45 dated the 13th June, 1985; S.O. No.5667 dated the 6th July, 1985

 

25.       No.E(D&A) 80 RG 6-25 dated the 20th January, 1986; GSR No.667 dated the 22nd   February, 1986

 

26.       No.E(D&A) 85 RG 6-16 dated the 20th March, 1987; GSR No.241 dated the 4th April, 1987

 

27.       No.E(D&A) 83 RG 6-14 dated the 28th August, 1987; GSR No.708 dated the 19th September, 1987

 

28.       No.E(D&A) 87 RG 6-47 dated the 26th October, 1987; GSR No.869 dated the 21st November, 1987

 

29.       No.E(D&A) 87 RG 6-146 dated the 10th May, 1988; GSR No.420 dated the 21st   May, 1988

 

30.       No.E(D&A) 88 RG 6-43 dated the 12th August, 1988; GSR No.739 dated the 17th September, 1988

 

31.       No.E(D&A) 84 RG 6-44 dated the 20th October, 1989; GSR No.850 dated the 11th   November, 1989

 

32.       No.E(D&A) 88 RG 6-38 dated the 16th November, 1989; GSR No.900 dated the 2nd December, 1989

 

33.       No.E(D&A) 84 RG 6-44 dated the 22nd November, 1990; GSR No.734 dated the 8th December, 1990

 

34.       No.E(D&A) 90 RG 6-112 dated the 16th November, 1990; GSR No.723 dated the 1st December, 1990

 

35.       No.E(D&A) 91 RG 6-42 dated the 8th June, 1991

 

36.       No.E(D&A) 90 RG 6-117 dated the 19th September, 1991; GSR No.568 dated the 5th October, 1991

 

37.       No.E(D&A) 89 RG 6-80 dated the 20th January, 1992; GSR No.86 dated the 22nd February, 1992

 

38.       No.E(D&A) 90 RG 6-112 dated the 22nd October, 1992; GSR No.504 dated the 14th November, 1989

 

39.       No.E(D&A) 92 RG 6-148 dated the 9th November, 1992

 

40.       No.E(D&A) 92 RG 6-166 dated the 11th January, 1993; GSR No.63 dated the 30th January, 1993

 

41.       No.E(D&A) 93 RG 6-94 dated the 23rd June, 1994; GSR No.327 dated the 16th July, 1994

 

42.       No.E(D&A) 95 RG 6-68 dated the 13th August, 1997; GSR No.106 dated the 6th June, 1998

 

43.       No.E(D&A) 92 RG 6-151 dated the 6th November, 1997; GSR No.422 dated the 27th December, 1997

 

44.       No.E(D&A) 94 RG 6-10 dated the 16th February, 1999; GSR No.87 dated the 20th March, 1999

 

45.       No.E(D&A) 98 RG 6-42 dated the 11th October, 1999; GSR No.385 dated the 20th November, 1999

 

46.       No.E(D&A) 2001 RG6-29 dated the 31st October, 2001; GSR No.617 dated the 24th November, 2001

 

47.       No.E(D&A) 87 RG 6-151 dated the 8th August, 2002;  GSR No.342 dated the 24th August, 2002

 

 

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48.       No.E(D&A) 98 RG 6-52          dated the 16th January, 2003; GSR No.50 dated the 1st February, 2003

 

49.       No.E(D&A)2002/RG6-1 dated the 10th March, 2003; GSR No.134 dated the 29th March, 2003

 

50.       No.E(D&A) 2004/RG 6-30 dated the 13th October, 2004; GSR No.376 dated the 30th October, 2004

 

51.       No.E(D&A) 2003 RG 6-33 dated the 10th December, 2004; GSR No.62 dated the 19th February, 2005

 

52.       No.E(D&A) 2003 RG 6-8 dated the 27th May, 2005; GSR No.195 dated the 11th June, 2005

 

53.       No. E(D&A) 98 RG6-52 dated the 23rd June, 2005; GSR No.226 dated the 9th July, 2005

 

54.       No. E(D&A) 2004/RG 6-8 dated the 18th   July, 2006;GSR No.190 dated the 29th July, 2006

 

 

 

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2.         Definitions     

 

(1)        In these rules, unless the context otherwise requires –

 

(a)        ‘appointing authority’ in relation to a 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 appointment 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 Railways, 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 revising authority, means the authority declared to be head of the department in terms of clause (21)  of  Rule 103 of Volume I of the Indian Railway Establishment Code (Fifth Edition-1985);

 

(e)        ‘Railway servant’ means a Railway servant as defined in clause 43 of Rule 103 of Volume I  of  the Indian Railway Establishment Code (Fifth Edition-1985) and includes  any  such  Railway   servant  on  foreign  service  or  whose  services  are

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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 expressions used but not defined in these rules and defined in the Indian Railways Act, 1890 (9 of 1890) shall have the meanings respectively assigned to them under that Act.

 

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.

 

 

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PART – II

 

 

SUSPENSION

 

4.         Authorities competent to place a Railway servant under suspension –  The classes of Railway servants who may be placed under suspension and the authorities by whom they may be so placed, shall be as specified in Schedules I, II and III:

 

Provided that, in exceptional circumstances, any authority specified in any of the

Schedules may place any subordinate Railway servant specified therein, under suspension:

 

Provided further that where any action is taken under the foregoing proviso, the authority concerned shall forthwith report to the authority competent to place such Railway servant under suspension,  the circumstances in which the order was made and obtain his approval.

 

Explanation – For the purposes of this rule, in respect of a Railway servant officiating in a higher post, the competent authority shall be determined with reference to the officiating post held by such Railway servant at the time of taking action.

 

 

 

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.

 

(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 revision under these

 

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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:

 

Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of the case.

 

 

 

(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 made or is deemed to have made the order or by any authority to which that authority is subordinate.

 

 

 

(6)        Nothwithstanding anything contained in sub-rule 5, an order of suspension made or deemed to have been made under sub-rule (1) or sub-rule (2) of this rule shall not be valid after a period of ninety days unless it is extended after review in the manner provided in sub- rule (7) of this rule, for a further period before expiry of ninety days.

 

(7)        The  review  of  an  order  of  suspension  shall  be  done  by  the  authority  which  is competent  to  modify  or  revoke  the  suspension,  on  the  recommendation  of  the  review committee constituted for the purpose, and such competent authority shall pass orders either extending or revoking the suspension before expiry of ninety days from the date of order of suspension.          Subsequent reviews shall be made before expiry  of the extended period of suspension.   Extension of suspension shall not be for a period exceeding one  hundred and eighty days at a time.

 

 

 

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PART – III

 

PENALTIES AND DISCIPLINARY AUTHORITIES

 

6.         Penalties :    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 Administration by negligence or breach of orders; (iii-a)   Withholding of the Privilege Passes or Privilege Ticket Orders or both;

(iii-b)  Reduction to lower stage in the time scale of pay by one stage for a period not exceeding  three  years,  without  cumulative  effect  and  not  adversely  affecting  his pension;

(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 increments of his pay;

(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 that grade, post or service;

(vii)      Compulsory retirement;

(viii)     Removal from service which shall not be a disqualification for future 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 collision 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:

 

Provided  further   that   in   case   of   persons   found   guilty   of   possessing   assets

 

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disproportionate to known sources of income or found guilty of having accepted or having obtained from  any person any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, one of the penalties specified in clauses (viii) or (ix) shall ordinarily be imposed and where such penalty is not imposed, the reasons therefor shall be recorded in writing.

 

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

 

(i)         withholding  of  increments  of  pay  of  a  Railway  servant  for  failure  to  pass  any departmental examination 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 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 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 301 contained in Volume I

of the Indian Railway Establishment Code (Fifth Edition -1985), or

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

 

(ix)       discharge of Railway servants –

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

(b) on reduction of establishment.

7.         Disciplinary Authorities

 

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

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servant.

 

(2)        Without prejudice to the provisions of sub-rule (1), any of the penalties specified in Rule 6 may be imposed on a Railway servant by the authorities 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.

 

 

 

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 specified in Rule 6.

 

(2)        A disciplinary authority competent under these rules to impose any of the penalties specified in clauses (i) to (iv) of Rule 6 may, subject to the provisions of clause (c) of sub-rule (1) 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 Rule 6, notwithstanding that such disciplinary authority is not competent, under these rules, to impose any of the latter penalties.

 

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PART – IV

 

PROCEDURE FOR IMPOSING PENALTIES

 

9.         Procedure for imposing Major Penalties 

 

(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 inquiring 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.

 

Provided that where there is a complaint of sexual harassment within the meaning of rule  3  C  of  the  Railway  Services  (Conduct)  Rules,  1966,  the  Complaints  Committee established for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the  purpose of these rules and the Complaints Committee shall hold, if separate procedure has not been  prescribed for the Complaints Committee for holding the inquiry into the complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid down in these rules.

 

(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 finding 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-rules (14) to   (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 imputations of misconduct or misbehaviour in support of each article of charge which shall contain –

 

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(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 sustained.

 

(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  or 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 articles of charge and if he desires to inspect the same for the preparation of his defence, he may do so, within 10 days  from the date of receipt of the articles of charge by 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 the 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 statements of witnesses  mentioned in the list referred to in sub-rule (6), the disciplinary authority shall furnish him with a copy each of such statements 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  proceedings  already  initiated  by  it  for  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 proceedings but considers it appropriate to impose any of the minor penalties, not attracting the provisions of sub-rule (2) of Rule 11, 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

 

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considers 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  an  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 to present 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 servant;

(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.

 

(11)      The 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 by 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 his defence, give 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 Railway 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)(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.

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(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)  A non-gazetted Railway servant may take the assistance of an official of a Railway Trade Union, recognized 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 that official, to present his case favourably before  an  inquiring  authority  unless  he  has  worked  as  such  in  a  recognized 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.

 

Note: (2)  (i)  Nomination  of  an  assisting  railway  servant  or  an  official  of  a  recognized Railway Trade Union, who is a full time union worker, shall be made within twenty days from the date of appointment of the inquiring authority.

(ii) The nomination shall not be accepted if the person assisting has three pending disciplinary cases on hand in which he has to assist:

 

Provided that an official of a recognized Railway Trade Union may assist in more than three pending disciplinary cases.

 

(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 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.

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(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 discretion, allow the Presenting 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 cases 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 day 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  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 Presenting 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 Presenting  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 new 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 of their respective cases, if they so desire.

 

(23)      If the Railway servant, to whom a copy of the articles of charge has been delivered,

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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 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  or 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 of defending himself against such article 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 Presenting Officer, if any, or the Railway servant or both during the course of the enquiry; and

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

 

10.       Action on the inquiry report :- (1)  If the disciplinary authority:-

(a)     after considering the inquiry report, is of the opinion that further examination of

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any of the witnesses is necessary in the interests of justice, it may recall the said witness and examine, cross-examine and re-examine the witness;

 

(b)     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.

 

(2)    The disciplinary authority:-

 

(a)     shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority a copy of the report of the inquiring authority, its findings on further examination of witnesses, if any, held under sub-rule(1) (a) together with its own tentative reasons for disagreement, if any, with findings of the inquiring authority on any article of charge to the Railway Servant, who shall be required to  submit,  if  he  so  desires,  his  written  representation  or  submission  to  the disciplinary authority within fifteen days, irrespective of whether the report is favourable or not to the Railway Servant;

 

(b)     shall consider the representation if any, submitted by the Railway Servant and record its  findings before proceeding further in the matter as specified in sub- rules (3), (4) and (5).

 

(3)     Where the disciplinary authority is of the opinion that the penalty warranted is such as is not within its competence, he shall forward the records of the inquiry to the appropriate disciplinary authority who shall act in the manner as provided in these rules.

 

(4)     If the disciplinary authority having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in clauses (i)  to  (iv)  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 on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry, is of the opinion that any of the penalties specified in clauses(v) to (ix) of rule 6 should be imposed on the 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:

 

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

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its advice and such advice shall be taken into consideration before making an order imposing any such penalty on the railway servant.

 

11.       Procedure for imposing minor penalties –

 

(1)        Subject to the provisions of sub-clause (iv) of clause (a) of sub-rule (9) of Rule 9 and of sub-rule (4)  of Rule 10, no order imposing on a Railway servant any of the penalties specified in clauses (i) to (iv) of Rule 6 shall be made except after –

 

(a)        informing the Railway servant in writing of the proposal to take action against him and of 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 (6) to (25) 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 or special contribution to Provident Fund 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, an inquiry shall be held in the manner laid down in sub-rules (6) to (25) of Rule 9, before making any order imposing on the Railway servant any such penalty.

 

(3)        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.

 

12.       Communication of orders  :-  Orders made by the disciplinary authority which would also contain its  findings on each article of   charge, shall be communicated to the Railway Servant who shall also be supplied with a copy of the advice, if any, given by the Commission and, where the disciplinary authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.

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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 proceedings.

 

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 proceedings;

(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; and

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

 

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  Railway  servant  may  be  given  an  opportunity  of  making representation  on the penalty proposed to be imposed before any order is made in a case falling under clause (i) above:

 

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

 

15.       Provisions regarding Railway servants lent to State Governments, 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

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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 proceedings 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 proceedings, as the case may be.

 

(2)        In the light of the findings in the disciplinary proceedings 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 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 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 orders, 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 borrowing authority, or after holding such further inquiry as it may deem necessary, as far as may be, in accordance with Rule 9.

 

16.       Provisions  regarding officers borrowed from Central or State Governments, etc.

 

(1)        Where the services of a Government servant from any Ministry or Department of the Central  Government other than the Ministry of Railways, or a State Government, or an authority subordinate thereto, or of a person from a local or other authority (hereinafter in this rule referred to as “the lending authority”) are borrowed for appointment to a service or post under the Ministry of Railways, the authority  which appointed him to that service or post (hereinafter in this rule referred to as “the borrowing authority”) shall have the powers of the lending  authority  for  the  purpose  of  placing  such  Government  servant  or  person  under suspension or for conducting disciplinary proceedings against him:

 

Provided that where an order suspending such Government servant or person is made or a  disciplinary proceeding is conducted against such Government servant or person, the

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borrowing authority shall forthwith inform the lending authority of the circumstances leading to the order of  suspension or, as the case may be, the commencement of the disciplinary proceedings against such Government servant or person.

 

(2)        In the light of the findings in the disciplinary proceedings conducted against such

Government servant or person –

 

(i)         if the borrowing authority is of the opinion that any of the minor penalties specified in the rules by which such Government servant or person is governed, should be imposed on him, it may, after consultation with the lending authority, pass such orders on the case as it deems necessary, in accordance with the said rules:

 

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

 

(ii)        if the borrowing authority is of the opinion that any of the major penalties specified in the rules by which such Government servant or person is governed, should be imposed on him,  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 pass such orders thereon as it may deem necessary.

 

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PART – V

 

 

APPEALS

 

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;

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

 

 

 

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 5;

(ii)        an order imposing any of the penalties specified in Rule 6 whether made by the disciplinary authority or by an appellate or revising authority;

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

 

(a)        denies or varies to his disadvantage his pay, allowances, 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 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;

 

(g)        determining whether or not the period from the date of his suspension or from

 

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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.

 

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 revising authority under Rule 25, to the authority to which it is immediately subordinate;

(ii)        where a penalty is enhanced, either in appeal or on revision, 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 higher authority, and in the case of an appeal relating to an agreement, to the authority which appointed the appellant;

(iv)       in 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, to 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)        where 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 lie 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

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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.

 

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.

 

 

 

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 counter-signed 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.

 

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

52

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

 

(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 such 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.

 

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.

53

24.       Special provisions for non-gazetted staff

 

(1)        Where  the  penalty  of  dismissal,  removal,  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 recognized by the Railway Administration on which the appellant was or is employed.

 

 

 

 

(2)        A  Group  ‘C’  Railway  servant  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 45 days 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 of the revision petition.  On receipt of such a request, the General Manager shall refer the case to the Chairman, Railway Rates Tribunal for advice sending all the relevant papers.

 

On receipt of the revision application by the General Manager, or on receipt of advice from the Railway Rates Tribunal, as the case may be, the General Manager shall dispose of the application in accordance with the procedure laid down in Rule 25 and pass such orders as he may think fit:

 

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

 

Provided further that where a revision application has been disposed of by the General

Manager under this sub-rule, no further revision shall lie under Rule 25.

 

 

 

(3)        A Group ‘D’ Railway servant, 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 45  days  thereafter, apply to the Divisional Railway Manager and where he is not under the control of any  Divisional Railway Manager to the senior-most Administrative Grade Officer under whose control he may be working, for a revision of the penalty imposed on him.  The Divisional Railway Manager or the senior-most Administrative Grade Officer, as the case may be, shall thereafter dispose of the revision application in accordance with the procedure laid down in Rule 25 and pass such orders as he may think fit:

 

 

 

Provided that the procedure mentioned in this sub-rule shall not apply where the Divisional Railway Manager or the senior-most Administrative Grade Officer or any higher authority, as the case may be, is the appellate authority:

 

 

54

Provided further  that  where  a  revision  application  has  been  disposed  of  by  the Divisional Railway Manager or the senior-most Administrative Grade Officer under this sub- rule, no further revision shall lie under Rule 25.

55

PART-VI

 

 

REVISION AND REVIEW

 

 

25.     Revision

 

(1)        Notwithstanding anything contained in these rules – (i)       the President, or

(ii)        the Railway Board, or

 

(iii)       the General Manager of a Railway Administration or an authority of that status in the case of a Railway servant serving under his control, or

 

(iv)       the appellate authority not below the rank of 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 Department in the case of a Railway servant serving under his 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 these rules or under the rules repealed by Rule 29, after consultation with the Commission, where such consultation is necessary, and may –

 

(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 the order or to 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 concerned has been given a reasonable opportunity of making a representation against the penalty proposed;

 

(b)        subject to the provisions of Rule 14, where it is proposed to impose any of the penalties specified in clauses (v) to (ix) of Rule 6 or the penalty specified in clause (iv) of Rule 6 which falls within the scope of the provisions contained in sub-rule (2) of Rule 11 or to enhance the penalty imposed by the order under revision to any of the penalties specified in  this sub-clause, no such penalty shall  be  imposed  except  after  following  the  procedure  for  inquiry  in  the manner laid down in Rule 9, unless such inquiry has already been held,  and

 

56

also except after consultation with the Commission, where such consultation is necessary.

(2)        No proceeding for revision shall be commenced until after – (i)       the expiry of the period of limitation for 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.

 

(3)        An application for revision shall be dealt with in the same manner as if it were an appeal under these rules.

 

(4)        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 orders 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:

 

Provided that nothing contained in clauses (i) and (ii) above, shall apply to revision by the President.

 

(5)        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) –

 

after more than six months from 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 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:

 

Provided that 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.

Explanation: For the purposes of this sub-rule the time limits for revision of cases shall be reckoned from the date of issue of the orders proposed to be revised.  In cases 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.

 

25-A.  Review –    The 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

57

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 and if an enquiry under Rule 9 has not already been held in the case, no such penalty 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.

58

PART -VII

 

MISCELLANEOUS

 

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.

 

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

 

(i)         Secretary, Railway Board/ Joint Secretary/Deputy Secretary. (ii)    Executive Director /Director/ Joint Director.

 

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 limit specified in these rules for anything required to be done under these rules or condone any delay.

 

28.       Supply of copy of Commission’s advice :- Wherever 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 alongwith a copy of the order passed in the case, by the authority making the order.

 

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; and

 

(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

 

59

with these rules, as if such orders were made and the appeal was preferred under these rules.

 

(4)        As from the commencement of these rules, any appeal or application for revision and/or 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 revision and/or review provided by any rule in force before the commencement of these rules.

 

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.

 

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   II   to   the   Indian   Railway Establishment Code, Volume I (Fifth Edition- 1985).

 

*******

60

 SCHEDULE-I

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

 

 

 

ItemNo. Class of RailwayServants Authority empowered to place a Railway servant under suspension or to impose penalties Nature of penalties which the authority in Column 3 is empowered to impose on Railway Servants mentioned in corresponding entries in column 2 and powers of that authority toplace them under suspension AppellateAuthority

 

 

RAILWAY BOARD’S OFFICE

 

 

 

1.

2.

3.

4.

5.

 

1.        All classes of non- gazetted Railway servants including Group ‘B’ non- gazetted Ministerial Staff appointed upto

30.06.1988.


Secretary, Railway

Board


All penalties specified in Rule 6 and suspension.


Railway

Board

 

2.        All classes of non- gazetted Railway servants including Group ‘B’ non- gazetted Ministerial Staff appointed upto

30.06.1988.


Joint Secretary, Railway Board


Penalties specified in clauses (i) to

(vi) of Rule 6 and suspension.


Secretary, Railway Board

 

3.        All classes of non- gazetted Railway servants including Group ‘B’ non- gazetted Ministerial Staff appointed on or after 01.07.1988


Joint Secretary, Railway Board


All penalties specified in Rule 6 and suspension.


Secretary, Railway Board

 

4.        Group ‘D’ Staff appointed upto

30.06.1988.


Under Secretary, Railway Board.


Penalties specified in clauses (i) to

(iv) of Rule 6 and suspension.


Joint Secretary, Railway Board

 

5.        Group ‘D’ Staff appointed on or after

01.07.1988


Under Secretary, Railway Board.


All penalties specified in Rule 6 and suspension.


Joint Secretary, Railway Board

61

 

 

 

RESEARCH, DESIGNS AND STANDARDS ORGANISATION

 

 

1.

2.

3.

4.

5.

 

1.        All classes of non- gazetted Railway Servants including Group ‘B’ non- gazetted Staff


Joint Director or Additional Director or Director or Additional Director General or Director General


All penalties specified in Rule 6 and suspension.


Next higher authority to whom the authority in column 3 is immediately subordinate.

 

2.        Group ‘D’ Staff and Group ‘C’ Staff except those in scale of pay Rs.5000-8000 (RSRP’97) and

above


Deputy Director and other officers in Senior scale or equivalent


Penalties specified in items (i) to (vi)

of Rule 6 and suspension.


Next higher authority to whom the authority in column 3 is immediately subordinate.

 

3.        Group ‘D’ Staff           Junior scale or Group ‘B’ officers, Secretary to Director General, Assistant Engineer (Construction)


Penalties specified in items (i) to (vi)

of Rule 6 and suspension.


Next higher authority to whom the authority in column 3 is immediately subordinate.

 

4.        Group ‘C’ Staff in scale of pay upto and including Rs.4000-

6000(RSRP’97)


Junior scale or Group ‘B’ officers, Secretary to Director General, Assistant Engineer (Construction)


Penalties specified in items (i) to (v)

of Rule 6 and suspension.


Next higher authority to whom the authority in column 3 is immediately subordinate.

 

5.        Group ‘D’ Staff and Group ‘C’ Staff in scale of pay rising upto Rs.4900(RSRP’97)


Senior Supervisors in scale Rs.5500-

9000(RSRP’97) and above


Penalties specified in items (i) and (iii-a) of Rule 6 and also suspension subject to report to Junior Scale or Group ‘B’ officer of the respective branch within 24 hours in the case of Group ‘C’ Staff.


Next higher authority to whom the authority in column 3 is immediately subordinate.

 

 

 

 

 

 

 

 

62

 

1.

2.

3.

4.

5.

 

INDIAN RAILWAYS’ INSTITUTE OF SIGNAL ENGINEERING AND TELECOMMUNICATIONS, SECUNDERABAD

 

1.     All classes of non- gazetted Railway Servants


Director        All penalties specified in Rule 6 and suspension.              Railway

Board

2.     All classes of non- gazetted Railway Servants

 

 

 

 

 

3.     All classes of non- gazetted Railway Servants


Senior Adminis- trative Grade Officers (other than Director) Junior

Administra tive Grade Officers


Full powers in respect of Group ‘C’ and Group ‘D’ Staff, placed under their control (except that only Appointing Authority will impose penalties under clauses (vii), (viii) and (ix) of Rule 6).

 

 

 

 

 

 

Full powers in respect of Group ‘C’ and Group ‘D’ Staff, placed under their control (except that only Appointing Authority will impose penalties under clauses (vii), (viii) and (ix) of Rule 6).


Director

 

 

 

 

 

 

 

 

 

 

Next higher authority to whom the authority in column 3 is immediately subordinate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

63

4.     All non- gazetted Railway Servants referred to in Column

4


Senior scale officers


(a) Penalties specified in clause (i) of Rule 6 – All non-gazetted Staff except in grade Rs.6500-

10500 (RSRP’97) and above.

 

(b) Penalties specified in clauses (ii), (iii), (iii-b) and (iv) of Rule 6 – All non-gazetted Staff except in grade Rs.5000-8000 (RSRP’97) and above.

 

(c) Penalties specified in clauses (v) and (vi) of Rule 6 – All non-gazetted staff except in grade Rs.5000-8000 (RSRP’97) and above.

 

(d) Penalty specified in clause (iii-a) of Rule 6 – For Officers with ten years service and less as Gazetted Officers – All non-gazetted staff except in grade Rs.5000-8000 (RSRP’97) and above. For Officers with more than ten years service as Gazetted Officers

– All non-gazetted staff except in grade Rs.6500-

10500 (RSRP’97) and above.

 

(e) Penalties specified in clauses (vii), (viii) and (ix) of Rule 6 – All non-gazetted staff for whom the senior scale officers are the appointing or higher authorities.

 

1.

2.

3.

4.

5.

 

(f)  Suspension – All non-gazetted staff in scale upto and including Rs.5000-8000/Rs.4500-7000(RSRP’97).


Next higher authority to whom the authority in column 3 is immediately subordinate

 

 

5. All non- gazetted Railway staff referred to in Officers in Junior Scale orinGroup ‘B’. (a) 

 

(b)

Penalties specified in clauses (i) and (iii-a) of Rule 6 – All non-gazetted staff in grades upto and including Rs.4500-7000(RSRP’97)Penalties specified in clauses (ii), (iii) (iii-b), (iv) and(v) of Rule 6 – All non-gazetted staff in scale of pay Next higher authority to whom the authority in column 3 is immediately
column 4 rising upto Rs.6000(RSRP’97). subordinate
(c) Penalty specified in clause (vi) of Rule 6 – Group ‘D’
Staff
(d) Penalties specified in clauses (vii), (viii) and (ix) of
Rule 6 – Group ‘D’ Staff for whom Officers in Junior
Scale or in Group ‘B’ are the appointing authorities.
(e) Suspension – All non-gazetted staff drawing Rs.5500
(RSRP’97) and below.

 

 

 

 

 

 

 

 

 

 

64

RAILWAY STAFF COLLEGE, VADODARA

 

1.        All classes of non- gazetted Railway Servants


Principal                     All penalties specified in Rule 6 and suspension.


Railway

Board

2.        All classes of non- gazetted Railway Servants


Vice-Principal and Senior Administrative Grade Officers


Full powers in respect of Group ‘C’ and Group ‘D’ Staff placed under their control (except that only Appointing Authority will impose punishments under clauses (vii), (viii) and (ix) of Rule 6).


Principal

 

3.        All classes of non- gazetted Railway Servants


Junior Administrative Grade Officers


Full powers in respect of Group ‘C’ and Group ‘D’ Staff placed under their control (except that only Appointing Authority will impose punishments under clauses (vii), (viii) and (ix) of Rule 6).


Vice- Principal

 

4. All classes of non- Senior scale (a) Penalties specified in clauses (i), (iii) Vice-
gazetted Railway Officers and (iii-a) of Rule 6 and suspension – Principal
Servants referred All non-gazetted staff except in scale
to in Column 4. Rs.6500-10500 (RSRP’97) and above.
(b) Penalties specified in clauses (ii), (iii-b)
and (iv) of Rule 6 – All non-gazetted
staff except in scale Rs.5000-8000
(RSRP’97) and above.
(c) Penalties specified in clauses (v) and
(vi) of Rule 6 – All non-gazetted staff
except in scale Rs.4500-7000(RSRP’97)
and above.
(d) Penalties specified in clauses (vii), (viii)
and (ix) of Rule 6 – All Group ‘D’ and
Group ‘C’ Staff for whom the officer
concerned is the appointing authority.

 

 

 

 

 

65

 

5. All non-gazetted Officers in Junior (a) Penalties specified in clauses (i) and Vice-
Railway staff Scale or  in (iii-a) of Rule 6 – All non-gazetted staff Principal
referred to in Group ‘B’. in grades upto and including Rs.4500-
Column 4. 7000(RSRP’97).
(b) Penalties specified in clauses (ii), (iii),
(iii-b), (iv) and (v) of Rule 6 – All non-
gazetted staff in scale rising upto
Rs.6000 (RSRP’97).
(c) Penalty specified in clause (vi) of Rule
6 – Group ‘D’ Staff.
(d) Penalties specified in clauses (vii), (viii)
and (ix) of Rule 6 – Group ‘D’ Staff for
whom officers in junior scale or in
Group ‘B’ are the appointing authorities.
(e) Suspension – All non-gazetted staff
drawing Rs.5500(RSRP’97) and below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.

2.

3.

4.

5.

 

66

INDIAN RAILWAYS’ INSTITUTE OF CIVIL ENGINEERING, PUNE AND

INDIAN RAILWAYS’ INSTITUTE OF ELECTRICAL ENGINEERING, NASIK

 

1.        All classes of non-gazetted Railway

Servants


Director                 All penalties specified in Rule 6 and suspension.


Railway

Board

 

 

2.        All classes of non-gazetted Railway Servants

 

 

 

3.        All classes of non-gazetted Railway Servants


Senior Administrative Grade Officers (Other than Director)

Junior Administrative Grade Officers.


Full powers in respect of Group ‘C’ and Group ‘D’ Staff placed under their control (except that only Appointing Authority will impose penalties under clauses (vii), (viii) and (ix) of Rule 6).

Full powers in respect of Group ‘C’ and Group ‘D’ Staff placed under their control (except that only Appointing Authority will impose penalties under clauses (vii), (viii) and (ix) of Rule 6).


Director

 

 

 

 

 

Next higher authority to whom the authority in column 3 is immediately subordinate.

 

4.        All non-gazetted Railway Servants referred to in Column 4.


Senior scale officers


(a)    Penalties specified in clauses (i), (iii) and (iii-a) of Rule 6 and suspension – All non-gazetted staff except in scale Rs.6500-10500 (RSRP’97) and above.

(b)   Penalties specified in clauses (ii), (iii-b) and (iv) of Rule 6 – All non-gazetted staff except in scale Rs.5000-8000 (RSRP’97) and above.

(c) Penalties specified in clauses (v) and (vi) of Rule 6 – All non-gazetted staff except in scale Rs.5000-8000 (RSRP’97)/ Rs.4500-7000(RSRP’97) and above.

(d) Penalties specified in clauses (vii), (viii)

and (ix) of Rule 6 – All Group ‘D’ Staff for whom Senior scale officer is the Appointing Authority.


Next higher authority to whom the authority in column 3 is immediately subordinate.

67

INDIAN RAILWAYS’ INSTITUTE OF MECHANICAL &

ELECTRICAL ENGINEERING, JAMALPUR

 

1.

2.

3.

4.

5.

1.        All classes of

non-gazetted

Railway Servants

 

Director                      All penalties specified in Rule 6 and

suspension.


Railway

Board

 

2.        All classes of non-gazetted Railway Servants


Senior Administrative Grade Officers (Other than Director)


Full powers in respect of Group ‘C’ and Group ‘D’ Staff placed under their control (except that only Appointing Authority will impose penalties under clauses (vii), (viii) and (ix) of Rule 6).


Director

 

3.        All classes of non-gazetted Railway Servants


Junior Administrative Grade Officers.


Full powers in respect of Group ‘C’ and Group ‘D’ Staff placed under their control (except that only Appointing Authority will impose penalties under clauses (vii), (viii) and (ix) of Rule 6).


Next higher authority to whom the authority in column 3 is immediately subordinate.

 

4.        All classes of non-gazetted Railway Servants except those in scale Rs.6500-

10500 (RSRP’97)

and above.


Senior scale

Officers


Full powers in respect of Group ‘C’ and Group ‘D’ Staff placed under their control (except that only Appointing Authority will impose penalties under clauses (vii), (viii) and (ix) of Rule 6).


Next higher authority to whom the authority in column 3 is immediately subordinate.

 

 

 

 

RAILWAY RECRUITMENT BOARDS

 

1.        All classes of non-gazetted Railway Servants.


Chairman                   All penalties specified in Rule 6 and suspension.


Railway

Board

 

 

 

 

 

68

RAILWAY RATES TRIBUNAL

 

1.        All classes of non-gazetted Railway Servants


Chairman                   All penalties specified in Rule 6 and suspension.


Railway

Board

 

2.        All classes of non-gazetted Railway Servants


Secretary                    Penalties specified in clauses (i) to (iv) of

Rule 6 and suspension.


Chairman, RRT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

69

 

RAILWAY LIAISON OFFICE

 

 

1.

2.

3.

4.

5.

 

1.        All classes of non-gazetted Railway Servants


Joint Secretary, Railway Board.


All penalties specified in Rule 6 and suspension.


Railway

Board

 

 

 

 

ALL OTHER OFFICES (NOT SHOWN ABOVE)

 

1.        All classes of non-gazetted Railway Servants


Head of Office           All penalties specified 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.

(2)        The penalty of compulsory retirement or removal or dismissal from service shall  be  imposed  only  by  the  Appointing  authority  or  an  authority  of equivalent rank or a higher authority.

 

 

 

 

 

 

 

 

*******

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

70

SCHEDULE –II

 

 

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

 

 

Schedule of Disciplinary powers and powers of suspension of different grades of Railway  Officers and Senior supervisors in respect of non-gazetted staff of zonal Railways, Chittaranjan Locomotive Works, Diesel Locomotive Works, Integral Coach Factory, Wheel & Axle Plant, Metro Railway (Calcutta), Diesel Components Works (Patiala),  Rail  Coach  Factory  (Kapurthala),  Railway  Electrification  Projects  and Metropolitan Transport Projects (Railways).

 

 

SeniorSupervisors incharge inthe pay scaleof  Rs.4500-

7000 and above.

(Described as

Supervisors Incharge by the Railway Administration for this purpose)

AssistantOfficers(Junior scale and Group‘B’) Senior ScaleOfficers andAssistant Officers (Junior Scale and Group‘B’  holding independent charge). JuniorAdministrative grade officersand SeniorScale Officers holding independent Charge or Incharge of a Department in the Division AdditionalDivisionalRailway Managers in relation to the Departments attached to them or Divisional Railway Managers SeniorAdministrativeGrade Officers in the Zonal Railways’ Head Quarters in the pay scale of Rs.18400-22400 including Principal Headsof Departments in the pay scale of Rs.22400-24500. AdditionalGeneralManagers in relation to Departments attached to them or Chief Administrative Officers or General Managers RailwayBoard

 

 

 

1.

2.

3.

4.

5.

6.

7.

8.

 

 

 

(i)      Censure:

 

 

Group ‘D’ and Group ‘D’ Group ‘D’ Group ‘D’ Group ‘D’ and Group ‘D’ and Group ‘D’ and Group
Group ‘C’ staff and Group and Group and Group Group ‘C’ staff Group ‘C’ staff Group ‘C’ ‘D’ and
who are three ‘C’ staff ‘C’ staff in ‘C’ staff. Staff. Group
grades below in pay pay scales of ‘C’ staff
and lower than scales of upto and
the Disciplinary upto and including
Authority including Rs.5500-9000
Rs.5000-
8000

 

 

(ii)     Withholding of Promotion:

 

 

 

 

 

 

 

 

 

 

71

 

Group ‘D’ and Group ‘D’ Group ‘D’ Group ‘D’ Group ‘D’ and Group ‘D’ and Group ‘D’ Group ‘D’
Group ‘C’ Staff and Group and Group and Group Group ‘C’ staff Group ‘C’ staff and Group and Group
who are three ‘C’ staff ‘C’ staff in ‘C’ staff ‘C’ staff. ‘C’ staff
grades below in pay pay scales of
and lower than scales of upto and
the Disciplinary upto and including
Authority including Rs.5500-9000
Rs.5000-
8000

 

(iii)    Recovery from pay of pecuniary loss caused to government by negligence or breach of orders:

 

 

1.

2.

3.

4.

5.

6.

7.

8.

 

 

Group ‘D’ and Group ‘D’ and Group ‘D’ and Group ‘D’ Group ‘D’ Group ‘D’ and Group ‘D’ Group ‘D’
Group ‘C’ Group ‘C’ staff Group ‘C’ staff and Group and Group Group ‘C’ staff and Group and Group
Staff who are in pay scales of in pay scales of ‘C’ staff ‘C’ staff ‘C’ staff ‘C’ staff
three grades upto and upto and
below and including including
lower than the Rs.5000-8000 Rs.5500-9000
Disciplinary
Authority

 

(iv)    Withholding of privilege Passes or Privilege Ticket Orders or both:

 

 

 

Group ‘D’ and Group ‘D’ Group ‘D’ Group ‘D’ Group ‘D’ and Group ‘D’ and Group ‘D’ Group ‘D’
Group ‘C’ Staff and Group and Group and Group Group ‘C’ staff Group ‘C’ staff and Group and Group
who are three ‘C’ staff in ‘C’ staff in ‘C’ staff ‘C’ staff. ‘C’ staff
grades below pay scales of pay scales of
and lower than upto and upto and
the Disciplinary including including
Authority Rs.5000-8000 Rs.5500-9000

 

(v)     Reduction to a lower stage in time scale of pay for a period not exceeding three years, without cumulative effect and not affecting pension:

 

Group ‘D’ and Group ‘D’ Group ‘D’ Group ‘D’ Group ‘D’ and Group ‘D’ and Group ‘D’ Group ‘D’
Group ‘C’ Staff and Group and Group and Group Group ‘C’ staff Group ‘C’ staff and Group and Group
who are three ‘C’ staff in ‘C’ staff in ‘C’ staff ‘C’ staff. ‘C’ staff
grades below pay scales of pay scales of
and lower than upto and upto and
the Disciplinary including including
Authority Rs.5000-8000 Rs.5500-9000

 

(vi)    Withholding of increments :

 

 

 

 

 

 

 

 

72

 

Group ‘D’ and Group ‘D’ Group ‘D’ Group ‘D’ Group ‘D’ and Group ‘D’ and Group ‘D’ Group ‘D’
Group ‘C’ staff and Group and Group and Group Group ‘C’ staff Group ‘C’ staff and Group and Group
who are three ‘C’ staff ‘C’ staff in ‘C’ staff ‘C’ staff ‘C’ staff
grades below in pay pay scales of
and lower than scales of upto and
the Disciplinary upto and including
Authority- No including Rs.5500-9000
powers Rs.5000-
exercisable 8000
where inquiry
under sub-rule
(2) of Rule 11 is
required.

 

(vii)   Reduction to a lower stage in the time scale of pay for a period exceeding three years or with cumulative effect or adversely affecting pension:

 

1.

2.

3.

4.

5.

6.

7.

8.

Group ‘D’ Group ‘D’ Group ‘D’ Group ‘D’ and Group ‘D’ and Group ‘D’ Group ‘D’
and Group and Group and Group Group ‘C’ staff Group ‘C’ staff and Group and Group
‘C’ staff in ‘C’ staff in ‘C’ staff ‘C’ staff ‘C’ staff
pay scales pay scales of
of upto and upto and
including inluding
Rs.5000- Rs.5500-9000
8000

 

NIL

 

 

 

 

 

 

 

 

(viii) Reduction to a lower time scale of pay, grade, post or service:

 

Group ‘D’ Group ‘D’ Group ‘D’ Group ‘D’ and Group ‘D’ and Group ‘D’ Group ‘D’
staff and Group and Group Group ‘C’ staff Group ‘C’ staff and Group and Group
‘C’ staff in ‘C’ staff ‘C’ staff ‘C’ staff
pay scales of
upto and
inluding
Rs.5500-9000

 

NIL

 

 

 

 

 

 

 

(ix) Compulsory retirement: Appointing authority or
an authority of equivalent rank or
(x)(xi) Removal from service:Dismissal from service: any higher authority.

 

(xii)   Suspension:  (Not amounting to penalty)

1.

2.

3.

4.

5.

6.

7.

8.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

73

Group ‘D’ and Group ‘C’ staff in pay scales of upto and including Rs.3200-4900 subject to

report to

Divisional Officer or Assistant Officer Incharge

within 24 hours in the case of

Group ‘C’ staff


Group ‘D’

and Group

‘C’ staff in pay scales of upto and including Rs.4000-

6000


Group ‘D’

and Group

‘C’ staff in pay scales of upto and including Rs.5000-8000


Group ‘D’

and Group

‘C’ staff


Group ‘D’ and

Group ‘C’ staff


Group ‘D’ and

Group ‘C’ staff


Group ‘D’

and Group

‘C’ staff


Group

‘D’ and

Group

‘C’

staff

 

Note:

1.      The appellate authorities in the case of authorities mentioned in this schedule shall be as shown in the next column, whereas in the case of the authority specified in the last column, the appellate authority shall be the President.  If post of the rank shown in any particular column does not exist, the appellate authority shall be that shown in the next column.

2.      The appointing authority or an authority of equivalent rank or any higher authority who is  competent to impose the penalty of dismissal or removal or compulsory retirement from service, may also impose any lower penalty.

*******

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

74

 

SCHEDULE III

 

{See rule 4 and sub-rule (2) of rule 7}

 

Ite m No.

Class of Railway servants Authority empowered to place a Railway Servant under suspension or to impose penalty and its nature. Appellate Authority
1.

2.

3.

4.

 

1.        Railway Servants Group

‘A’


President  – Full powers

 

Railway Board – Suspension and the penalties specified in Clauses (i) to (vi) of Rule 6.

 

General Manager/Additional General Manager who has been ordered by the Competent Authority to look after the current duties of General Manager in the absence of a regularly posted General Manager, Director General, Research, Designs and Standards Organisation,

Director General/Railway Staff College, Chief Administrative Officers (having independent charge of their organisations) – Suspension and the penalties specified in clauses (i), (iii), (iii-a), (iii-b) and (iv) of Rule 6 in the case of Officers upto and including Selection Grade Officers of Junior Administrative Grade.

 

 

 

Principal Heads of Departments – Suspension and the penalties specified in clauses (i), (iii), (iii-a), (iii-b) and (iv) of Rule 6 in the case of Officers in Junior Scale


…… President

 

President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

General Manager/ Additional General Manager who has been ordered by the Competent Authority to look after the current duties of General Manager in the absence of a  regularly  posted General Manager

 

 

 

 

 

 

 

 

 

 

75

 

1.

2.

3.

4.

2.        Railway

Servants

Group

‘B’


President – Full Powers

 

Railway Board – Full Powers

 

General Manager/Additional General Manager who has been ordered by the Competent Authority to look after the current duties of General Manager in the absence of a regularly posted General Manager, Director General/Research, Designs And Standards Organisation, Director General/Railway Staff College, Chief Administrative Officers (having independent charge of their organisations) – Suspension and the penalties specified in clauses (i) to (vi) of Rule 6.

 

Secretary, Railway Board – Suspension and the penalties specified in clauses (i), (iii), (iii-a), (iii-b) and (iv) of Rule 6 in the case of Group ‘B’ officers of the Railway Board Secretariat Services.

 

Principal Heads of Departments – Suspension and the penalties specified in clauses (i), (iii), (iii-a), (iii-b) and (iv)  of Rule 6.


……

 

President

 

Railway Board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Railway Board

 

 

 

 

 

 

General Manager/ Additional General Manager who has been ordered by the Competent Authority

to look after the current duties of General Manager in the absence of a regularly posted General Manager.

 

Note 1 :

 

Disciplinary powers of Principal Heads of Departments under this Schedule shall also be exercised by  the co-ordinating Heads of Departments or by the Heads of Departments in Senior Administrative Grade who are in independent charge, in  their  respective  departments  in  the  Production  Units  viz.,  Chittaranjan Locomotive Works, Chittaranajan, Diesel Components Works, Patiala, Diesel Locomotive Works, Varanasi, Integral Coach Factory, Perambur, Wheel and Axle Plant, Yelahanka (Bangalore) and Rail Coach Factory, Kapurthala and in new Zonal Railways viz., East Coast Railway, Bhubaneshwar, East Central Railway, Hajipur, North Central Railway, Allahabad, North Western Railway, Jaipur, South Western  Railway, Hubli, West Central Railway, Jabalpur and

 

 

 

 

76

South East Central Railway, Bilaspur in respect of officers in Junior Scale and

Group ‘B’ who are under their administrative control.

 

 

 

Note 2 :

 

 

 

Disciplinary powers of Principal Heads of Departments under this Schedule shall also be exercised by the Directors of Railway Training Institutes, namely, Director, Indian Railways Institute of Civil Engineering, Pune, Director, Indian Railways Institute of Electrical Engineering, Nasik, Director, Indian Railways Institute of Mechanical and Electrical  Engineering,  Jamalpur,  Director,  Indian   Railways  Institute  of  Signal Engineering and Telecommunications, Secunderabad and Director, Indian Railways Centre for Advanced Maintenance Technology, Gwalior in respect of officers in Junior Scale and Group ‘B’ who are under their administrative control.

 

 

 

 

Note 3 :

 

Disciplinary powers of Principal Heads of Departments under this Schedule shall also be exercised by Senior Executive Directors and Executive Directors who are in  independent   charge,   in  Research,  Designs  and  Standards  Organisation; Coordinating Heads of  Departments in Senior Administrative Grade or by the Heads of Departments in Senior  Administrative Grade who are in independent charge,               in    Metro    Railway,    Kolkata,    Central    Organisation    for    Railway Electrification, Allahabad, Central Organisation for Modernisation of Workshops, New Delhi; and Chairmen of respective Railway Recruitment Boards, in respect of officers in Junior Scale and Group ‘B’ who are under their  administrative control.

 

 

 

*******

 

 

 

 

 

 

77