Chapter7. DISCIPLINE AND APPEALRULES -1968
The Discipline and appeal Rule Which are called "Railway Servants (Discipline And
Appeal ) Rules , 1968 " apply to all Railway servants (except casual labour , member's of All lndia Service and members of Railway Protection Force.)
1.Appointing Authority :-
The authority empowered to make appointed to the service of which the Railway servant.
2.Disciplinary Authority :-
The competent authority to impose penalty as per the schedule in normal course and
in case of imposing major penalties, such authority would be the Appointing Authority.
3.Suspension :-
Suspension is not a penalty. It means suspension of official activities. During
suspension period Rly. servant can be avail privilege pass also.
Que:-What are the types of penalties ?
Minor Penalties:
1) Censure;
2) With holding of promotion for specified period.
3) Recovery from his pay ,any loss caused by him to the Rly.
a) Withholding of privilege passes or PTOs. or both.
b) Reduction to a lower stage for a period not
exceeding 3-years without cumulative effect and not affecting pension.
4) Withholding of promotion for specified period , with further direction as to whether or the expiry of such period this will or will not have effect the postponing the future
increments of his pay.
Major Penalties:-
5) Reduction to the lower stage in the time scale of pay for the specified period ,with
further direction as whether on the expiry of such period, the reduction will or will not
have the effect of postponing the future promotion.
6) Reduction to the lower time-scale of pay, grade post or service with or without further
direction regarding condition of restoration to the grade or post or service from which
the Rly. Servant was reduced and his seniority and pay on such restoration to the grade, post or service.
7) Compulsory Retirement.
8) Removal from service which is not be a disqualification for future employment .
9) Dismissal from service which is disqualification for future service.
Authority to institute proceedings:-
a) For imposing a Minor penalty (1) to (4) of rule 6 an authority competent, under
scheduled of Disciplinary powers, can imposed any of the penalties.
b) For imposition of Major penalty (5 ) to (9) of rule 6 an authority competent, under
scheduled of Disciplinary powers, can institute Disciplinary proceeding against Rly. Staff.
PROCEDURE OF IMPOSING PENALTIES :
1) No order of imposing penalties in clauses V to IX of Rule 6 should be made without an
INQUIRY.
2) The Disciplinary Authority should chargesheet and deliver or cause to be delivered to a Rly. Servant a copy of article of charged framed against the staff, statement of imputation of misconduct or misbehavior and a list of documents and witnesses by which each article of charges is proposed to be sustained and should require the Rly. servant to submit a
written statement of his defense with in 10 days.
3) The Rly. Servant has to submit with a written statement of his defense, a list of witnesses to be examined. The authority should furnish him with a copy of each of such statement as early as possible. After receipt of written statement of Defense the Disciplinary Authority can decide with the Inquiry. It may itself inquire into such of the article of charges as or not admitted or he should appoint a Board of Inquiry or Inquiry authority.
4) Disciplinary authority itself inquire into the article of charges or appoint a Board of
Inquiry or any other Inquiring Authority for holding an inquiry, into such charge, it may,
by order in writing, appoint a Rly. Servant who is known as Presiding officer to be
present in the case in support of articles in charge.
5) The Railway should give in writing regarding his defense's (Assistance
Rly.Employee) name. The ARE should be a Rly employee or Retired employee or official of a retired Trade employee. The ARE should not be legal practitioner .
6) Union official can't be an ARE unless he has been worked in a Recognized Union for
atleast one year.
7) On the fixed date of inquiry, the disciplinary authority shall produce the oral and documentary evidence by which Articles of charge are proposed to be proved.
8) The Presiding Officer shall examine the witnesses . And may be cross-examined on
behalf of Rly. Servant, for when the case of Disciplinary Authority is closed, the Rly. Servant shall be required to state his defense orally or in writing. The witnesses produced by the Rly servant shall then be examined or on behalf of him and shall be cross-examined by the Presiding Officer.
9) The inquiry authority may, after the completion of the production of the evidence, hear the Presiding Officer, if any and the Rly. Servant, or permit them to file written briefs of their respective cases, if they so desire.
10) After the conclusion of inquiry, a report shall be prepared by the inquiry authority.
* In MAJOR PENALTIES should be imposed on Rly. Servant, it shall make an order imposing such penalty and it shall not be necessary to give the Rly. Servant any opportunity of making Representation.
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 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) Not with standing 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.
STANDARD FORMSfor use in disciplinary proceeding:
*◆SF 1- Suspension*
*◆SF 2-Deemed to be suspended*
*◆SF 3-Demand for subsistence allowance by employee*
*◆SF 4- Revoke*
*◆SF 5- Charge sheet for major penalty*
*◆SF 6-Refused to inspect/supply the documents to employee/defence council*
*◆SF 7-Appointment of Inquiry officer*
*◆SF 8- Appointment of presenting officer*
*◆SF 9-Deleted*
*◆SF 10-Common Proceedings*
*◆SF 10A- Appointment of Inquiry officer in Common Proceedings*
*◆SF 10B- Appointment of presenting officer in Common Proceedings*
*◆SF 11- Charge sheet for minor penalty*
*◆SF 11A- Convert Minor penalty to major penalty*
*◆SF 11B- Conduct Inquiry in Minor penalty charge sheet*
*◆SF 11C- Convert major penalty to minor penalty*
*◆SF 12- Memorandum where action is proposed under Rule-14 (i)*
*◆SF 13- Permission from president for action taking against the retire Rly. Employee.*
*◆SF 14- Charge sheet for retired Railway employee....*
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 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.
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 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;
(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-. 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 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.
Read this also for more information
* Indian Railways Allowance part 2
* Indian Railways Allowance part 1 under establishment rule
* Indian Railways leave Rules under establishment
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