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MASTER CIRCULAR

Master Circular No. 64

Suspension of Railway employees - Master Circular.

At present provisions/instructions regarding suspension of railway employees are contained inPart II of the Railway Servants (Discipline & Appeal) Rules, 1968 and in a number of lettersissued by Railway Board from time to time. It has bean decided to consolidate, importantamongst them in one single Master Circular, for the purpose of facility and convenience, asenclosed herewith.

While referring to this Circular, the original letter referred to herein should be read for a properappreciation and in casa of doubt, the original circular should be relied upon as authority.

Since effort has been to include only important instructions on suspension in this MasterCircular, a number of circulars have not been taken into consideration while preparing thisMaster Circular.

Instructions contained in circulars not included herein, should not be deemed to have beensuperseded simply because of their non-inclusion.

SUSPENSION

Suspension is an executive action whereby a Railway servant is temporarily kept out of duty,pending final action against him for criminal offences or acts of indiscipline, misconduct etc.Suspension, pending departmental enquiry, is a safeguard against the Government servantinterfering with and hampering the preliminary investigation and, tampering with materialevidence - oral and documentary.

It is not a penalty under Railway Servants (Discipline and Appeal) Rules.

I (A) Circumstances under which a railway servant may be placed under suspension -

In terms of Rule 5 (1) of Railway Servants (Discipline & Appeal) Rules, a railway servantmay be placed under suspension in the following circumstances: -

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 undersuspension, he has engaged himself in activities prejudicial to the interest of thesecurity of the state; or

c. Where a case against him in respect of any criminal offence, is under investigation,inquiry or trial.

(B) Guiding principles for placing a railway servant under suspension -

Public interest should be the guiding factor in deciding to place a railway servant undersuspension and the disciplinary authority should have the discretion to decide this, takingall factors into account. However, in the following circumstances, a disciplinary authoritymay consider it appropriate to place a railway servant under suspension. (These are onlyintended for guidance and should not be taken as mandatory).

i. Cases where continuance in office of the railway servant will prejudice theinvestigation, trial or any enquiry (e.g. apprehended, tampering withwitnesses/documents);

ii. Where the continuance in office is likely to seriously subvert discipline in the officein which the railway servant is working;

iii. Where the continuance in office of the railway servant will be against the widerpublic interest (other than those covered by (i) & (ii), e.g. there is a public scandaland it is necessary to place the Government servant under suspension todemonstrate the policy of Government to deal strictly with officers involved in suchscandals, particularly corruption).

iv. Where allegations have been made against the railway servant and the preliminaryenquiry has revealed that a case exists, prima facie, which would justify initiation of

criminal departmental proceedings against him and where such proceedings arelikely to end in his conviction and/or dismissal, removal or compulsory retirementfrom service.

Note: (a) In the first three circumstances enumerated above, the disciplinary authoritymay exercise his discretion to place a railway servant under suspension evenwhen the case is under investigation and before a prima facie case has beenestablished;

(b) Certain types of misdemeanour where suspension may be desirable in the fourcircumstances mentioned above are indicated below:

i. Any offence or conduct involving moral turpitude.

ii. Corruption, embezzlement or misappropriation of Government money,possession of disproportionate assets, misuse of official powers for personalgain;

iii. Serious negligence and dereliction of duty resulting in considerable loss tothe Government.

iv. Desertion of duty.

v. Refusal or deliberate failure to carry out written orders of superior officers.

In respect of the types of misdemeanour mentioned in items (iii) (iv) & (v) above,discretion has to be exercised with care.

(Board's Confidential letter No. E(D&A)64 RG 6-35 dated 10.12.1964)

(C) Deemed Suspension -

In terms of Rule 5 (2) of Railway Servants (Discipline & Appeal) Rules, a Railway servantshall be deemed to have been placed under suspension by an order of the Competentauthority in the following cases: -

a. With effect from the date of his detention if he is detained in custody whether on acriminal charge or otherwise, for a period exceeding - 48 hours.

b. With effect from the date of his conviction, if in the event of a conviction for anoffence, he is sentenced to a term of imprisonment exceeding 48 hours and is notforthwith dismissed or removed or compulsorily retired consequent to suchconviction.

Note: The period of forty-eight hours referred to in clause (b) above, shall be computedfrom the commencement of the imprisonment after the conviction and for thispurpose, intermittent periods of imprisonment, if any, shall be taken into account.

(2) It shall be the duty of the Government servant who may be arrested for any reason,irrespective of the period of detention, to intimate the fact of his arrest and thecircumstances connected therewith to his official superiors promptly even though hemight have subsequently been released on bail. On receipt of the information from theperson concerned or from any other source, the departmental authorities should decidewhether the facts and circumstances leading to the arrest of the person call for hissuspension.

Failure on the part of the railway servant to so inform his official superiors will beregarded as suppression of material information and will render him liable to disciplinaryaction on this ground alone apart from the action that may be called for on the outcome ofthe police case against him.

(Board's letters No. E(D&A)59 RG 6-37 dated 5.1.1960 and 5.1.1961).

(3) A Railway servant will be deemed to have been placed under suspension in thefollowing circumstances also :

i. Where a penalty of dismissal, removal or compulsory retirement from serviceimposed upon a railway servant under suspension, is set aside in appeal or onrevision under these rules and the case is remitted for further inquiry or action orwith any other directions, the order of his suspension shall be deemed to havecontinued in force on and from the date of the original order of dismissal, removalor compulsory retirement and shall remain in force until further orders.

(Rule 5 (3) of RS (D&A) Rules).

ii. Where a penalty of dismissal, removal or compulsory retirement from service

imposed upon a railway servant, is set aside or declared or rendered void inconsequence of or by a decision of a court of law and the disciplinary authority onconsideration of the circumstances of the case, decides to hold a further inquiryagainst him on the allegations on which the penalty of dismissal, removal orcompulsory retirement, was originally imposed, the railway servant shall be deemedto have been placed under suspension by the competent authority from the date ofthe original order of dismissal, removal or compulsory retirement and shall continueto remain under suspension until further orders.

Provided that no such further inquiry shall be ordered unless it is intended to meet asituation where the court has passed an order purely on technical grounds withoutgoing into the merits of the case.

(Rule 5 (4) of RS (D&A) Rules)

(4) The terms 'inquiry' in sub-para 3 (ii) above has a wider connotation and refers toany further action under the D&A Rules.

(Board's letter No. E(D&A)61 RG 6-43 dated 28.4.1965)

(D) Instructions regarding placing a Railway servant under suspension in specifiedcircumstances.

1. If a case has bean registered by the police against the Railway servant underSection 304-B of the IPC i.e. in a case of 'dowry death', he shall be placed undersuspension in the following circumstances by the competent authority invoking theprovisions of sub-rule (1) & (2) of Rule 5 of the Railway Servants (Discipline &Appeal) Rules:-

i. If the railway servant is arrested in connection with the registration of thepolice case, he shall be placed under suspension immediately, irrespective ofthe period of his detention.

ii. If he is not arrested, he shall be placed under suspension immediately onsubmission of a police report under sub-section (2) of Section 173 of the Codeof Criminal Procedure 1973 to the Magistrate, if the reports, prima facie,indicates that the offence has been committed by the Government servant.

(Board's Confidential letter No. E(D&A)87 RG 6-75 dated 22.7.1987).

2. Suspension may be resorted to in very serious cases of corruption/ moral turpitudeor in cases where direct and specific evidence to implicate the railway servant incorruption cases, is already available. Suspension in such cases will tone up theintegrity in the administration, by acting as a deterrent to corrupt employeesindulging in such practices. One such instance where there is direct evidence ofcorruption is where a railway servant is caught red handed while accepting bribe ina trap arranged by a police organisation. After a trap is successfully laid, a criminalcase is filed against the railway servant, which generally ends in his conviction.Subsequently, on the ground of conduct which had led to his conviction on acriminal charge, the railway servant is generally dismissed or removed from service.Thus, there is strong justification for placing under suspension, a Governmentservant who has been caught accepting illegal gratification in a trap case.Invariably, in such cases, the Government servant should be placed undersuspension with a view to making the anti-corruption measures more effective.

(Board's Confidential letter No. E(D&A)85 RG 6-15 dated 16.4.1985)

3. In the following types of cases, there may be adequate justification for placing theconcerned employee under suspension whether on the request received from CBI orotherwise, at the stage indicated against each type of case;

i. In a case where a trap has been laid to apprehend a government servant whilecommitting an act of corruption (usually receiving illegal gratification) and theGovernment servant has been so apprehended

ii. In a case where, on conducting a search, it is found that a Govt. servant is inpossession of assets disproportionate to his known sources of income and itappears, prima facie that a charge under Section 5 (I) (e) of the Prevention ofCorruption Act could be laid against him; immediately after the prima-facieconclusion has been reached.

iii. In a case where a chargesheet accusing a chargesheet accusing a Govt.Servant of specific acts of corruption or any other offence involving moralturpitude has been filed in a criminal court; immediately after the filing of thechargesheet.

iv. In a case where, after investigation by the CBI a prima facie case is made outand pursuant thereto regular Departmental action for imposition of a majorpenalty has been instituted against a Government Servant and a chargesheethas been served upon him alleging specific acts of corruption or grossmisconduct involving moral turpitude; immediately after the chargesheet hasbeen served upon the Government Servant.

(Board's Confidential letter No. E(D&A)86 RG 6-58 dated 8.8.1986)

4. The Supreme Court, in the case of Niranjan Singh and others Vs Prabakar Raja RamKharate and others, have made some observations about the need/ desirability ofplacing a Government Servant under Suspension against whom serious chargeshave been framed by a criminal court, unless exceptional circumstances suggestinga contrary course exists. As and when criminal charges are framed by a competentcourt against a Government servant, the disciplinary authority should consider anddecide the desirability of placing such a Government servant, under suspension inaccordance with the rules, if he is already not under suspension. If the Governmentservant is already under suspension or if he is placed under suspension followingthe criminal charges, the competent authority should also review the case from timeto time in accordance with the instructions on the subject and take a decision aboutthe desirability of keeping him under suspension till the disposal of the case by thecourt.

(Board's letter No. E(D&A)81 RG 6-29 dated 18.7.1981)

II. REVIEW OF CASES OF SUSPENSION

Even though suspension is not considered a punishment it does constitute a greathardship for a railway servant and in fairness to him, it is essential to ensure that thisperiod is reduced to the barest minimum. Also, unduly long suspension periods involvepayment of subsistence allowance without the employee performing any useful service tothe Government. Hence in case of railway servants under suspension every effort shouldbe made to complete the investigation and file the charge-sheet in a court of competentjurisdiction in cases of prosecution or serve the charge sheet on the railway servant incases of departmental proceedings, as the case may be, within three months of the dateof suspension and in cases in which it may not be possible to do so, the disciplinaryauthority should report the matter to the next higher authority explaining the reasons fordelay. However, in cases of departmental proceedings where a railway servant has beensuspended pending investigation, the total period of suspension viz, both in respect ofinvestigation and disciplinary proceedings, should not ordinarily exceed six months. Incases of this type also, where it is not possible to adhere to this time limit, thedisciplinary authority should report the matter to the next higher authority, explainingthe reasons for delay.

[Board's letter No. E(D&A)95 RG 6-21 dated 6.4.1995. (RBE 33/1995)]

If the investigation is likely to take more time, it should be considered whether theRailway servant should continue to remain under suspension or whether the suspensionorder should be revoked and the Railway servant permitted to resume duty. If thepresence of the Railway servant is considered detrimental to the collection of evidenceetc., or if he is likely to tamper with evidence, he may be transferred on revocation of thesuspension order.

In regard to cases in which the Central Bureau of Investigation are also concerned withthe investigation, the above time limit of three months will have to be reckoned from thedate on which the cases are taken up by the CBI for investigation. So far as the CBI areconcerned, the instructions above would involve two categories of cases, namely:

i. Cases where the suspension order is passed before the cases are taken up by, orentrusted to, the CBI for investigation; and

ii. Cases where the order of suspension is passed after the cases are taken up by, orentrusted to, the CBI for investigation.

With a view to ensuring that the CBI is posted with information regarding the suspensionof the concerned Railway servants, the Board desire that when a Railway servant isplaced under suspension either at the request of the CBI or on the initiative of thecompetent Railway authority in regard to a matter which is under investigation or enquiryby the CBI or which is proposed to be referred to CBI, a copy of the suspension ordershould be invariably sent to the Director, CBI, with an endorsement thereof to theSuperintendent of Police of the Special Police Establishment of CBI. As there is some timelag between the placing of a Railway servant under suspension and the reference of thecase to the CBI for investigation. Such cases should be referred to the CBI promptly afterthe suspension orders are passed, in case it is not possible to refer such cases before thepassing of such suspension orders.

(Board's letters No. E(D&A)65 RG 6-44 dated 8.7.1966, and E(D&A)70 RG 6-14 dated 15.3.1971,E(D&A)95 RG 6-21 dated 6.4.1995. (RBE 33/1995))

III. SUBSISTENCE ALLOWANCE

A. The pay and allowance payable during the suspension is regulated under Rule 1342 – RII(FR 53). Under this rule, a railway servant under suspension or deemed to have beenplaced under suspension by an order of the competent authority shall be entitled to thefollowing payments, namely -

a. A subsistence allowance at an amount equal to the leave salary which the Railwayservant would have drawn if he had been on leave on half average pay or on halfpay and in addition dearness allowance, if admissible, on the basis of such leavesalary.

Provided that where the period of suspension exceeds 3 months the authority whichmade or is deemed to have made the order of suspension shall be competent to varythe amount of subsistence allowance for any period subsequent to the period of thefirst 3 months as follows: -

i. The amount of subsistence allowance may be increased by a suitable amount,not exceeding 50 per cent of the subsistence allowance admissible during theperiod of the first three months, if in the opinion of the said authority, theperiod of suspension has been prolonged for reasons to be recorded in writing,not directly attributable to the railway servant.

ii. The amount of subsistence allowance may be reduced by a suitable amountnot exceeding 50 per cent of the subsistence allowance admissible during theperiod of the first three months, if in the opinion of the said authority, theperiod of suspension has been prolonged, due to reasons, to be recorded inwriting, directly attributable to the railway servant;

iii. The rate of dearness allowance will be based on the increased or as the casemay be, decreased amount of subsistence allowance admissible under sub-clauses (i) and (ii) above.

b. Any other compensatory allowances admissible from time to time on the basis ofpay which the railway servant was in receipt on the date of suspension, subject tothe fulfilment of other conditions laid down for the drawal of such allowances.

c. No payment as detailed in (a) and (b) above shall be made unless the railwayservant furnishes a certificate that he is not engaged in any other employmentbusiness, profession or vocation.

Provided that in the case of a Railway servant dismissed, removed or compulsoryretired from service, who is deemed to have been placed under suspension or theorders of suspension is deemed to have continued from the date of such dismissalor removal or compulsory retirement, under sub-rule (3) or sub-rule (4) of rule 5 ofRailway Servants (Discipline & Appeal) Rules, 1968, and who fails to produce such acertificate for any period or periods during which he is deemed to be placed undersuspension or the orders of suspension is deemed to have continued, he shall beentitled to the subsistence allowance and other allowances equal to the amount bywhich his earnings during such period or periods fall short of the amount ofsubsistence allowance and other allowances that would otherwise be admissible tohim. If his earnings are equal to or more than the subsistence allowance admissibleto him, he will not be paid anything.

B) The quantum of subsistence allowance can be further reviewed as follows: -

i. Though the proviso to Rule 1342 (1)(a)/ FR 53(1)-(a) R-II does not specificallyprovide for a second or subsequent review, there is no objection to such review(s)being made by the competent authority. Such authority shall be competent to passorders to increase or decrease the rate of subsistence allowance up to 50% of theamount of the subsistence allowance initially granted, according to thecircumstances of each case. A second or subsequent review can be made at anytime at the discretion of the competent authority.

ii. It is permissible to reduce the amount of subsistence allowance once increased onthe basis of the first review upto 50% of the amount of the subsistence allowanceinitially granted, if the period of suspension has been prolonged for reasons directlyattributable to the railway servant i.e. by his adopting dilatory tactics.

Similarly, in case where the amount of subsistence allowance has been reduced

after the first review, the same can be increased up to 50% of the amount initiallygranted, if the period of suspension has been prolonged for reasons not directlyattributable to the Railway servant and the Railway servant has given up dilatorytactics.

(Board's Hotter No. F(E)66 SPN/1/1 dated 21.8.1966).

C. Grant of subsistence allowance of railway servants selected as Apprentices.

Permanent railway servants selected as apprentices continue to remain as railwayservants during the period of apprenticeship and therefore, they can be suspended interms of D&A Rules. During the period of suspension, they should be deemed to bereverted to the substantive posts and paid subsistence allowance for the period ofsuspension on the basis of their pay in the substantive posts.

(Board's letter No. E(D&A)67 RG 6-5 dated 11.12.1967)

D. Deduction from subsistence allowance

1. The following deductions can be made from the subsistence allowance: -

a. Compulsory deductions

i. Income Tax where due.

ii. House rent and allied charges i.e. electricity charges, water charges,

iii. Station debits, stores debits, workshop debits.

iv. Hospital diet charges.

v. Doctors fee under contract system.

vi. Recovery towards advances and loans taken from Government.

b. OPTIONAL DEDUCTIONS ( which may not be recovered except with the writtenconsent of the suspended employee)

i. LIC premium.

ii. Subscription of Railway Institutes and Clubs.

iii. Cooperative dues

iv. Refund of SBF/PF loans.

v. School fees.

c. Prohibited deductions (which cannot at all be made)

i. Subscription to GPF.

ii. Amounts due on court attachments.

iii. Recovery of loss to Govt. for which the Railway servant is responsibleuntil the issue of formal order fixing responsibility for the loss.

2. Recovery at over payments.

There is no bar to effect the recovery of over payments from the subsistenceallowance but the competent administrative authority will exercise discretion todecide whether the recovery should be held wholly in abeyance during the period ofsuspension or it should be affected at full or at reduced rate depending upon thecircumstances of each case. Where, however, there is an anticipated risk of loss ofmoney by dismissal or death of the Government servant, the recovery should not bedeferred. In such of the above cases, where it has been decided that the overpayments should be recovered from the subsistence allowance, the quantum ofrecovery should not ordinarily exceed 1/3rd of the gross amount of subsistence andother allowance admissible under Rule 1342-RII

(Board's letter No. F(E)49-SPN/1 dated 17.5.1957 and F(E)60-SPN-(3)1 dated 16.12.1960)

E. Ex-parte proceedings during suspension.

The Supreme Court, in the case of Ganshyam Das Srivastava Vs. State of Madhya ofMadhya Pradesh (AIR-1973-SC-1183), had observed that where a Government servant

under suspension pleaded his in ability to attend the enquiry on account of financialstringency caused by the non-payment of subsistence allowance to him the proceedingsconducted against him ex-parte would be in violation of the previsions of Article 311(2)of the Constitution as the person concerned did not receive a reasonable opportunity ofdefending himself in the disciplinary proceedings. Keeping in view the fact that, by itsvery nature, subsistence allowance is meant for the subsistence of a suspendedGovernment servant and his family, during the period he is not allowed to perform anyduty and thereby earn any salary, prompt steps have to be taken to ensure that after aGovernment servant is placed under suspension, he receives subsistence allowancewithout delay.

(Board's letter No. E(D&A)81 RG 6-22 dated 18.8.1981)

IV. TERMINATION OF SUSPENSION AND TREATMENT OF THE PERIOD OF SUSPENSION.

A. In terms of Rule 1345-RII, if a Railway servant who has been suspended is reinstatedi.e., taken back on duty (or would have been reinstated but for his retirement whileunder suspension), the authority competent to order reinstatement shall consider andmake a specific order -

a. Regarding the pay and allowances to be paid to the railway servant for the period ofsuspension on date of his retirement, as the case may be.

b. Whether or not the said period shall be treated as a period spent on duty.

The competent authority is to make above orders in accordance with the provisions givenin this Rule. These provisions specify that -

1. Where a railway servant under suspension dies before the disciplinary or the courtproceedings instituted against him are concluded, the period between the date ofsuspension and the date of death shall be treated as duty for all purposes and hisfamily shall be paid the full pay and allowances for that period to which he wouldhave been entitled had he not been suspended, subject to adjustment in respect ofsubsistence allowance already paid.

2. Where the authority competent to order reinstatement is of the opinion that thesuspension was wholly unjustified, the railway servant shall be paid the full pay andallowances to which he would have been entitled, had he not been suspended andthe period of suspension will be treated as duty for all purposes.

3. Where the authority competent to order reinstatement is of the opinion that thesuspension was wholly unjustified but termination of the proceedings institutedagainst the railway servant had been delayed due to reasons directly attributable tothe railway servant, the railway servant shall be paid for the period of such delayonly such proportion (not being the whole) of such pay and allowances as thecompetent authority may determine after giving the railway servant an opportunityto make his representation and after considering the representation, if any,submitted by him, but this amount shall not be less than the subsistence allowanceand other allowance admissible under Rule 1342 - RII and the period of suspensionwill be treated as a period spent on duty for all purposes.

4. In cases where suspension was not wholly unjustified, the railway servant shall bepaid such amount (not being the whole) of such pay and allowances as thecompetent authority may determine, after giving notice to the railway servant of thequantum proposed and after considering the representation, if any, submitted byhim, in that connection but this amount shall not be less than the subsistenceallowance and other allowance admissible under Rule 1342 - RII and the period ofsuspension shall not be treated as a period spent on duty unless the competentauthority specifically directs that it shall be so treated for any specified purpose,provided that if the Railway servant so desires, such authority may order that theperiod of suspension shall be converted into leave of any kind due and admissibleto the Railway Servant.

Note :-

1. The order of the competent authority for treatment of the period as leave in terms ofsub-para (4) above shall be absolute and no higher sanction shall be necessary forthe grant of -

a. extraordinary leave in excess of three months in the case of temporary railwayservant; and

b. leave of any kind in excess of five years in the case of permanent railwayservant.

2. The payment of allowances referred to in the above paragraph shall be subject to allother conditions under which such allowances are admissible.

B. When departmental proceedings against a suspended employee for the imposition ofmajor penalty finally ends with the imposition of a minor penalty, the suspension can besaid to be wholly unjustified in terms of Rule 1345 - RII.

[Board's letter No. E(D&A)86 RG 6-19 dated 21.3.1986. (RBE 57/1986)]

C. In cases where the period of suspension is ordered to be treated as leave on the requestof the Railway servant in terms of Para IV (A)(4) above, and if on conversion, it is foundthat greater part of the period is to be treated as leave without pay, recovery ofsubsistence allowance already paid will be inescapable.

[Board's letter No. F(E)52-SPN/(1) dated 29.2.1960]

V. General

A. Orders for placing a Railway servant under suspension and for revocation of suspension.

a. Standard forms have been prescribed through Board's letter No. E(D&A)66 RG 6-7 dated 5.9.1970 for placing a Railway employee under suspension/ deemedsuspension and for revocation of suspension. If these standard forms are not foundfully to meet the requirements of any case, the competent authority should amplify/modify the appropriate form suitably to meet the requirements of the case andshould indicate all the cases (criminal/ departmental under investigation/ trial/contemplation) on the basis of which it is considered necessary to place theGovernment servant under suspension so the in the event of reinstatement of theGovernment servant, the outcome of all such cases be taken into account, whileregulating the period of suspension.

b. The orders to be communicated in these forms are to be issued over the signatureand designation of the authority competent to pass the orders. Sometimes theorders are signed by a lower authority on behalf of the competent authority thoughthe orders of the competent authority have been obtained on file. The abovepractice is not desirable. Such orders being of statutory nature, it is desirable thatthe orders should be issued over the signature and designation of the authoritycompetent to pass the orders.

[Board's letter No. E(D&A)70 RG 6-58 dated 18.11.1970]

c. Where the order of suspension is made by an authority lower than the authoritycompetent to suspend the railway servant, in terms of the proviso to Rule 5(1) ofthe RS(D&A) Rules, a copy of the orders should be sent to the authority competentto suspend the railway servant, for information. This should be done under separatecovering letter in which the details of the case and reasons for suspension should befurnished.

[Board's letter No. E(D&A)66 RG 6-7 dated 7.9.1970]

d. Whenever an official is under suspension and any other case is initiated against himand the competent authority considers it necessary the the official should remainunder suspension in connection with this case also, then the competent authorityshould pass another order to this effect in accordance with Rule 5(5)(b) of D&ARules, so that in the event of reinstatement of the Railway servant, the facts of thelatter case also be taken into account while regulating the period of suspension.

B. Suspension of Railway servants lent to other departments and of officials borrowed fromother departments.

1. Where the services of a Railway servant are lent to other departments, theborrowing authority shall have the powers of the authority competent to place therailway servant under suspension provided that the borrowing authority shallforthwith inform the lending authority of the circumstances leading to the order ofsuspension.

2. Where the services of a Government servant from other department are borrowedfor appointment to a service or post under the Ministry of Railways, the authoritywhich appointed him to that service/ post( i.e. the borrowing authority) shall havethe powers of the lending authority for the purpose of placing such Governmentservant under suspension provided that where an order suspending suchGovernment servant is made, the borrowing authority shall forthwith inform thelending authority of the circumstances leading to the order of suspension.

C. Headquarters of a suspended railway servants.

An officer under suspension is subject to all other conditions of service applicablegenerally to Railway servants and cannot leave the station without prior permission. Assuch the headquarter of a railway servant should normally be assumed to be his last placeof duty. However, where an individual under suspension request for change ofheadquarter, there is no objection to a competent authority changing the Headquarter, ifit is satisfied that such a course will not put the Railway Administration to any extraexpenditure like grant of T.A. etc. or other complications.

D. Attendance of the employee under suspension.

An employee under suspension is not required to attend to his work but he cannot leavehis Headquarters without prior permission of the competent authority. There is, however,no question of his giving daily attendance and marking his presence.

(Board's letter No. E(D&A)83 RG 6-17 dated 31.5.1983)

E. Passes and PTOs to employees under Suspension.

Passes and PTOs may be granted to Railway servants under suspension in exceptionalcircumstances and not as a matter of course when the railway servant is permitted toleave the station by an authority not lower than than that which suspended him. Passesand PTOs to Railway employees under suspension are given as the scales specified inpara 19 of Schedule VII of Railway Servant (Pass) Rules, 1986.

F. Resignation during suspension.

As officers are placed under suspension only in cases of grave delinquency it would notbe correct to accept resignation from an officer under suspension except where thealleged offence does not involve moral turpitude or where the evidence available in notstrong enough to justify assumption that if the proceedings are continued, he would beremoved or dismissed from service, or where the proceedings are likely to be soprotracted that it would be cheaper to the public exchequer to accept the resignation.Resignation may however not to be accepted normally unless it is in public interestbecause one or more of the above conditions are fulfilled, and in any case it must be donewith the prior approval of the competent authority to dismiss the Railway servant.

(Board's letter No. E(NG)II/70 RE/1 dated 24.6.1972, E(NG)64 RE 1/36 dated 26.10.1966,20.11.1967 and 15.1.1968.)

G. Forwarding of applications.

Applications of such railway servants who are under suspension or against whomdepartmental proceedings are pending should not be forwarded, nor should they bereleased for any assignment scholarship, fellowship, training etc. under internationalagency, organisation or a foreign government. Such railway servant should also not besent or allowed to go on deputation or to foreign service to the posts under an authorityin India. These instructions should be followed mutatis mutandis while forwardingapplications for railway servants for posts/ services whether on the Railways (to RailwayService Commission) or outside the Railways (Through UPSC etc.)

H. Revocation of suspension by specific order.

In terms of Rule 5 (5)(a) of RS(D&A) Rules, 1968 an order of suspension made ordeemed to have been made shall continue to remain in force until it is modified orrevoked by the authority competent to do so. Sometimes orders are issued to the aRailway Servant under suspension asking him to report for duty without specificallyrevoking the order of suspension. Although an order issued to a railway servant undersuspension asking him to report for duty implies that the order of suspension has beenrevoked, yet with a view to meeting the requirement of the provisions of the aforesaidrule, it is necessary that a specific order should be made regarding revocation ofsuspension. The standard form No. 4 circulated vide Board's letter No. E(D&A)66 RG 6-7 dated 5.9.1970 should be invariably used in such cases.

( Board's letter No. E(D&A)70 RG 6-66 dated 30.9.1970)

I. Voluntary retirement during suspension.

In the case of railway servants under suspension the exercise of right of voluntaryretirement by him shall be subject to the prior approval of the appointing authority.

( Board's letter No. E(D&A)65 RG 6-54 dated 18.8.1966)

Voluntary retirement become effective after the notice period even if no formal letter ofacceptance is issued by the administration. Although, the appointing authority haspowers to withhold permission to Railway Servant under suspension to retire under Rule2046(1) Proviso, but if it fails to communicate to such a railway servant under suspension

its withholding of permission for him to retire voluntarily within the period of threemonths notice, automatic retirement at the expiry of his period will follow.

The Railway servant may however, withdraw the notice at any time before the expiry ofnotice period.

J. Acting of Railway servant placed under suspension as a defence helper in departmentalproceedings.

There is no bar to a Railway Servant placed under suspension acting as defence helper.

( Board's letter No. E(D&A)74 RG 6-31 dated 11.11.1974)

K. Appeal against order of suspension, subsistence allowance and pay and allowances forthe period of suspension.

Subject to the provisions of Rule 17, Rule 18 of RS(D&A) Rules allow the railway servantto prefer an appeal against :

i. an order of suspension made or deemed to have been made under rule 5.

ii. an order determining the subsistence and other allowances to be paid to him for theperiod of suspension or for the period during which he is deemed to be undersuspension or for any portion thereof.

iii. an order determining his pay and allowances for the period of suspension.

iv. an order determining whether or not the period from the date of his suspension tothe date of his reinstatement shall be treated as a period spent on duty for anypurpose.

In respect of (i) above, the appeal shall lie to the authority specified in the Schedules. Inrespect of (ii), (iii) and (iv) above the appeal shall lie as follows:

a. In cases of employees on whom the penalty of dismissal from service can beimposed only be the President, the appeal shall lie to the President.

b. In respect of other Railway servants, appeal shall lie to the authority to which theauthority who has made the order is subordinate.

List of Letters

The consolidation has been made from the following original letters :-

1. No. F(E)49-SPN/1 dated 17.5.1957.2. No. E(D&A)59 RG 6-37 dated 5.1.1960.3. No. F(E)52-SPN/(1) dated 29.2.1960.4. No. F(E)60-SPN-(3)1 dated 16.12.1960.5. No. E(D&A)59 RG 6-37 dated 5.1.1961.6. No. E(D&A)64 RG 6-35 dated 10.12.1964. (Confidential)7. No. E(D&A)61 RG 6-43 dated 28.4.1965.8. No. E(D&A)65 RG 6-44 dated 8.7.1966.9. No. E(D&A)65 RG 6-54 dated 18.8.1966.

10. No. F(E)66 SPN/1/1 dated 21.8.1966.11. No. E(NG)64 RE 1/36 dated 26.10.196612. No. E(NG)64 RE 1/36 dated 20.11.1967.13. No. E(D&A)67 RG 6-5 dated 11.12.1967.14. No. E(NG)64 RE 1/36 dated 15.1.1968.15. No. E(D&A)66 RG 6-7 dated 5.9.1970.16. No. E(D&A)66 RG 6-7 dated 7.9.1970.17. No. E(D&A)70 RG 6-66 dated 30.9.1970.18. No. E(D&A)70 RG 6-58 dated 18.11.1970.19. No. E(D&A)70 RG 6-14 dated 15.3.1971.20. No. E(NG)II/70 RE/1 dated 24.6.1972.21. No. E(D&A)74 RG 6-31 dated 11.11.1974.22. No. E(D&A)81 RG 6-29 dated 13.7.1981.23. No. E(D&A)81 RG 6-22 dated 18.8.1981.

24. No. E(D&A)83 RG 6-17 dated 31.5.1983.25. No. E(D&A)85 RG 6-15 dated 16.4.1985. (Confidential)26. No. E(D&A)86 RG 6-19 dated 21.3.1986. (RBE 57/1986)27. No. E(D&A)86 RG 6-58 dated 8.8.1986. (Confidential)28. No. E(D&A)87 RG 6-75 dated 22.7.1987. (Confidential)29. No. E(D&A)95 RG 6-21 dated 6.4.1995. (RBE 33/1995)

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THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

1. Preliminary

2. Definitions3. Application and Scope

PART II SUSPENSION

4. Authorities competent to place a railway servant under suspension. 5. Suspension

PART III PENALTIES AND DISCIPLINARY AUTHORITIES

6. Penalties7. Disciplinary Authorities.8. Authority to Institute Proceedings

PART - IV PROCEDURE FOR IMPOSING MAJOR PENALTIES

9. Procedure for imposing Major Penalty10. Action on inquiry report11. Procedure for imposing minor penalties.12. Communication of orders13. Common proceedings14. Special procedure in certain cases15. Provision regarding Railway servant lent to State Governments, etc.16. Provisions regarding officers borrowed from Central or State Governments etc.

PART V APPEALS

17. Orders against which no appeal lies18. Orders against which appeal lies19. Appellate Authority20. Period of limitation for appeals21. Form and contents and submission of appeal22. Consideration of appeal23. Implementation of orders in appeal24. Special provisions for non-gazetted staff

PART VI REVISION AND REVIEW

25. Revision and Review25-A. Revision and Review

PART - VII MISCLANEOUS

26 - Service of orders, notices etc26-A. - Service of orders, notices etc27. Power to relax time limit and to condone delay28. Supply of copy of Commission's advice29. Repeal and saving30. Removal of doubts31. Right to submit petitions to the PresidentSchedule ISchedule IISchedule III

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

THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968PART IGENERAL

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-

1. No.E(D&A)66 RG6-9 dated 22nd August 19682. No.E(D&A)66 RG6-9 dated 10th April 19693. No.E(D&A)67 RG6-13 dated 7th April 19714. No.E(D&A)70 RG6-63 dated 9th June 19715. No.E(D&A)70 RG6-60 dated 19th October 19716. No.E(D&A)70 RG6-41 dated 21st October 19717. No.E(D&A)70 RG6-43 dated 12th November 19718. No.E(D&A)70 RG6-52 dated 25th March 19729. No.E(D&A)70 RG6-69 dated 17th November 1972

10. No.E(D&A)69 RG6-9 dated 5th February 197311. No.E(D&A)71 RG6-40 dated 13th July 197312. No.E(D&A)75 RG6-35 dated 5th April 197713. No.E(D&A)77 RG6-36 dated 7th July 197814. No.E(D&A)78 RG6-54 dated 29th November 197815. No.E(D&A)77 RG6-30 dated 7th April 197816. No.E(D&A)79 RG6-26 dated 17th August 197917. No.E(D&A)79 RG6-12 dated 25th October 197918. No.E(D&A)78 RG6-61 dated 22nd November 197919. No.E(D&A)79 RG6-39 dated 31st December 197920. No.E(D&A)78 RG6-11 dated 6th February 198021. No.E(D&A)81 RG6-72 dated 31st August 198222. No.E(D&A)81 RG6-63 dated 10th August 198323. No.E(D&A)81 RG6-54 dated 31st May 198424. No.E(D&A)82 RG6-29 dated 30th March 198525. No.E(D&A)83 RG6-45 dated 13th June 198526. No.E(D&A)80 RG6-25 dated 20th January 198627. No.E(D&A)85 RG6-16 dated 20th March 198728. No.E(D&A)83 RG6-14 dated 28th August 198729. No.E(D&A)87 RG6-47 dated 26th October 198730. No.E(D&A)87 RG6-146 dated 10th May 198831. No.E(D&A)88 RG6-43 dated 12th August 198832. No.E(D&A)84 RG6-44 dated 20th October 198933. No.E(D&A)88 RG6-38 dated 16th November 198934. No.E(D&A)90 RG6-112 dated 16th November 199035. No.E(D&A)91 RG6-42 dated 8th June 199136. No.E(D&A)90 RG6-117 dated 19th September 199137. No.E(D&A)89 RG6-80 dated 20th January 199238. No.E(D&A)90 RG6-112 dated 22nd October 199239. No.E(D&A)92 RG6-148 dated 9th November 199240. No.E(D&A)92 RG6-166 dated 11th January 199341. No.E(D&A)93 RG6-94 dated 23rd June 199442. No.E(D&A)93 RG6-94 dated 13th August 199743. No.E(D&A)92 RG6-151 dated 6th November 1997

2. Definitions.-

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 servantis, for the time being, a member or to the grade of the service in which the railway servantis, for the time being, included, or

ii. the authority empowered to make appointments to the post which the railway servant, forthe time being holds, or

iii. the authority which appointed the Railway servant to such Service, grade or post, as thecase may be, or

iv. Where the Railway servant having been a permanent member of any other Service orhaving substantively held any other permanent post, has been in continuous employmentunder the Ministry of Railways, the authority which appointed him to that service or to anygrade in that service or to that post:

Whichever authority is the highest authority.

See clarification for Appointing Authority vide letter No. E(D&A)2002 RG 6-36 dated25.11.2002 (RBE No. 211/2002)

(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 anyGazetted Railway Servant, an authority competent to impose any of the penalties specifiedin Rule 6;

iii. in relation to Rule 9 in the case of any non-gazetted railway servant, an authoritycompetent 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-gazettedrailway 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 thedepartment in terms of clause (21) of Rule 103 of Volume I of the Indian Railway EstablishmentCode (Fifth Edition-1985);

(e) "Railway servant" means a railway servant as defined in clause 43 of Rule 103 of Volume 1of the Indian Railway Establishment Code (Fifth Edition-1985) and includes any such railwayservant on foreign service or whose services are temporarily placed at the disposal of any otherdepartment 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 theIndian Railways Act, 1890(9 of 1890) shall have the meanings respectively assigned to themunder 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 ; andd. 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 under any agreement enteredinto by or with the previous approval of the President before or after the commencement ofthese rules, in regard to matters covered by such special provisions.

(2) Not withstanding anything contained in sub rule (1), the President may, by order, excludeany class of railway servants from the operation of all or any of these rules.

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 bywhom 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 mayplace any subordinate railway servant specified therein, under suspension:

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

Explanation.-For the purpose of this rule, in respect of a railway servant officiating in a higherpost, the competent authority shall be determined with reference to the officiating post held bysuch railway servant at the time of taking action

See also :-

Subject : Disciplinary jurisdiction of Election Commission of India over Government servants forelection duties.E(D&A)2001 RG 6-1 Dated 14/03/2001 (RBE 51/2001)

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 interestof the security of the state; or

(c) where a case against him in respect of any criminal offence, is underinvestigation, inquiry or trial.

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

(a) with effect from the date of his detention, if he is detained in custody, whetheron 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 anoffence, he is sentenced to a term of imprisonment exceeding forty-eight hoursand is not forthwith dismissed or removed or compulsorily retired consequent tosuch 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 theconviction 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 serviceimposed upon a railway servant under suspension, is set aside in appeal or onrevision and/ or review and the case is remitted for further inquiry or action or withany other directions, the order of his suspension shall be deemed to have continuedin force on and from the date of the original order of dismissal, removal orcompulsory retirement and shall remain in force until further orders.

(4) Where a penalty of dismissal, removal or compulsory retirement from serviceimposed upon a railway servant, is set aside or declared or rendered void inconsequence of or by a decision of a court of Law and the disciplinary authority onconsideration of the circumstances of the case, decides to hold a further inquiryagainst him on the allegations on which the penalty of dismissal, removal orcompulsory retirement, was originally imposed, the railway servant shall be deemedto have been placed under suspension by the competent authority from the date ofthe original order of dismissal, removal or compulsory retirement and shall continueto remain under suspension until further orders.Provided that no such further inquiry shall be ordered unless it is intended to meet asituation where the court has passed an order purely on technical ground withoutgoing 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 authoritycompetent 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 anyother disciplinary proceeding is commenced against him during the continuanceof 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 shallcontinue to be under suspension until the termination of all or any of suchproceedings.

(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 isdeemed to have made the order or by any authority to which that authority issubordinate.

PENALTIES AND DISCIPLINARY AUTHORITIES

6. 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;E(D&A)2000 RG 6-64 Dated 30.01.2001(RBE 22/2001)

iii-a Withholding of the Privilege Passes or Privilege Ticket Orders or both;iii-b Reduction to a lower stage in the time scale of pay for a period not exceeding three

years, without cumulative effect and not adversely affecting his pension.

Reduction to lower stage in the time scale of pay by one stage for a period notexceeding 3 years, without cumulative effect and not adversely affecting hispension.

Substituted vide Railway Board's letter No. E(D&A)2003 RG 6-33 dated 10.12.2004(RBE 255/2004).

iv Withholding of increments of pay for a specified period with further directions as towhether on the expiry of such period this will or will not have the effect ofpostponing 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 payfor 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 hispay;

vi Reduction to a lower time scale of pay, grade, post, or service, with or without furtherdirections regarding conditions of restoration to the grade or post or service from thewhich the Railway Servant was reduced and his seniority and pay on such restoration tothat grade, post or service;

Clarification vide Railway Board's letter No. E(D&A) 2001 RG 6-58 dated 28.11.2002(RBE 217/2002)

vii Compulsory retirement;viii Removal from service which shall not be a disqualification for future employment under

the Government or Railway Administration;xi 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 wouldhave, ordinarily, resulted in collisions of Railway trains, one of the penalties specified in clauses(viii) and (ix) shall ordinarily, be imposed and in cases of passing Railway signals at danger, oneof the penalties specified in clauses (v) to (ix) shall, ordinarily, be imposed and where suchpenalty is not imposed, the reasons therefore shall be recorded in writing.

Provided further that in case of persons found guilty of ###{possessing assets disproportionateto known sources of income or found guilty of} having accepted or having obtained from anyperson any gratification, other than legal remuneration, as a motive or reward for doing orforbearing to do any official act, one of the penalties specified in clauses (viii) or (ix) shallordinarily be imposed and where such penalty is not imposed, the reasons therefor shall berecorded in writing.

### Inserted vide GSR .... issued under Railway Board's letter No. E(D&A)2001 RG 6-29 dated31.10.2001 (RBE 215/2001)

Explanation 1.- 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 anydepartmental examination in accordance with the rules or orders governing the Service towhich he belongs or post which he holds or the terms of his appointments;

ii stoppage of a Railway Servant at the efficiency bar in the time- scale of pay on theground 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 iseligible;

iv reversion of a Railway Servant officiating in higher service, grade or post to a lowerService, grade or post, on the ground that he is considered to be unsuitable for suchhigher Service, grade or post, or on any administrative ground unconnected with hisconduct;

v reversion of a Railway Servant, appointed on probation to any other service, grade orpost, to his permanent service, grade or post during or at the end of the period ofprobation in accordance with the terms of his appointment or the rules and ordersgoverning such probation;.

vi replacement of the services of a Railway servant, whose services had been borrowedfrom any other Ministry or Department of the Central Government or a State Governmentor an authority under the control of the Central Government or State Government, at thedisposal of the Government or the authority from which the services of such RailwayServant had been borrowed;

vii Compulsory retirement of a Railway servant in accordance with the provisions relating tohis superannuating 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 andorders governing such probation;

b of a temporary Railway servant in accordance with rule 301 contained in Volume 1of the Indian Railway Establishment Code (Fifth Edition-1985), or

c of a Railway servant employed under an agreement, in accordance with the termsof 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 servant.2. Without prejudice to the provisions of sub rule (1), any of the penalties specified in rule 6

may be imposed on 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 takingaction.

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, underthese rules, any of the penalties specified in rule 6.

2 A disciplinary authority competent under these rules to impose any of the penaltiesspecified in clauses (i) to (iv) of rule 6 may, subject to the provision of clause (c) of subrule(1) of rule 2 institute disciplinary proceedings against any Railway servant for theimposition 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, toimpose any of the latter penalties.

PART - IV

PROCEDURE FOR IMPOSING MAJOR 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 bemade except after an inquiry held, as far as may be, in the manner provided in this ruleand rule 10, or in the manner provided by the Public Servants (Inquiries) Act, 1850(37 of1850) where such inquiry is held under that act.

2 Whenever the disciplinary authority is of the opinion that there are grounds for inquiringinto 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 PublicServants (Inquiries) Act, 1850, as the case may be, a Board of Inquiry or other authorityto inquire into the truth thereof.

Provided that where there is a complaint of sexual harassment within the meaning of Rule3C of the Railway Services (Conduct) Rules, 1966, the Complaints Committee establishedfor inquiring into such complaints, shall be deemed to be the inquiring authority appointedby the disciplinary authority for the purpose of these rules and the Complaints Committeeshall hold, if separate procedure has not been prescribed for the Complaints Committee forholding the inquiry into the complaints of sexual harassment, the inquiry as far aspracticable in accordance with the procedure laid down in these rules

Proviso inserted vide Railway Board's letter No. E(D&A)2004/RG 6-30 dated 13.10.2004(RBE 221/2004).

3 Where a board of inquiry is appointed under sub-rule (2) it shall consist of not less thantwo members, each of whom shall be higher in rank than the railway servant againstwhom the inquiry is being held and none of whom shall be subordinate to the othermember 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 seniormember shall be the Presiding Officer.

5 Every decision of the Board of Inquiry shall be passed by majority of votes, and wherethere is an equality of votes on the findings, the finding of each member shall beincorporated in the report prepared under clause (i) of sub-rule (25).Explanation.- Where the disciplinary authority itself holds the inquiry, any reference insub-rule(12) and in sub-rule (14) to sub-rule (25), to the inquiring authority shall beconstrued as a reference to the disciplinary authority.

6 Where it is proposed to hold an inquiry against a railway servant under this rule and rule10, 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;(i) a statement of the imputations of misconduct or misbehaviour in support of each

article of charge which shall contain-a a statement of all relevant facts including any admission or confession made by

the railway servant;b a list of documents by which, and a list of witnesses by whom, the articles of

charge are proposed to be 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 ormisbehaviour and a list of documents and witnesses by which each article of charge isproposed to be sustained and shall require the railway servant to submit a writtenstatement of his defence within ten days or such further time as the disciplinary authoritymay allow.Note.- If copies of documents have not been delivered to the Railway servant along withthe articles of charge and if he desires to inspect the same for the preparation of hisdefence, he may do so, within 10 days from the date of receipt of the articles of charge byhim and complete inspection within 10 days thereafter and shall state whether he desiresto be heard in person.

8 The Railway servant may, for the purpose of his defence submit with the writtenstatement of his defence, list of witnesses to be examined on his behalf.Note.-If the Railway servant applies in writing for the supply of copies of the statementsof witnesses mentioned in the list referred to in sub-rule(6), the disciplinary authorityshall furnish him with a copy each of such statement as early as possible and in any casenot later than three days before the commencement of the examination of the witnesseson behalf of the disciplinary authority.

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

(ii) Where the disciplinary authority decides to proceed with the inquiry it may itselfinquire into such of the articles of charge as are not admitted or appoint undersub-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 hiswritten statement of defence, the disciplinary authority shall record its findingson each charge, after taking such further evidence as it may think fit and shallact in the manner laid down in rule 10.

(iv) If the disciplinary authority, after consideration of the written statement ofdefence, 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 majorpenalty, without prejudice to its right to impose any of the minor penalties, notattracting the provisions of sub-rule(2) of rule 11. Where the disciplinaryauthority so drops the proceedings but considers it appropriate to impose any ofthe minor penalties, not attracting the provisions of sub rule (2) of rule 11, itmay make an order imposing such penalty and it will not be necessary to givethe railway servant any further opportunity of making representation before thepenalty is imposed.

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

(c) where the disciplinary authority itself inquires into an article of charge or appoints aBoard of Inquiry or any other inquiring authority for holding an inquiry into suchcharge; it may, by an order in writing, appoint a railway or any other Governmentservant to be known as Presenting Officer to present on its behalf the case in supportof the articles of charge.

10 The disciplinary authority shall, where it is not the inquiring authority, forward to theinquiring 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 andat such time within ten working days from the date of receipt by the inquiring authority ofthe 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 inquiringauthority may allow.

12 The inquiring authority shall, if the railway servant fails to appear within the specifiedtime, or refuses or omits to plead, require the "Presenting Officer" if any, to produce theevidence by which he proposes to prove the articles of charge and shall adjourn the caseto a later date not exceeding thirty days, after recording an order that the railway servantmay for the purpose of preparing his defence, give a notice within ten days of the order orwithin such further time not exceeding ten days as the inquiring authority may allow forthe discovery or production of any documents which are in possession of RailwayAdministration but not mentioned in the list referred to in sub-rule (6).Note.- The Railway servants shall indicate the relevance of the documents required by himto be discovered or produced by the Railway Administration.

13 (a) The railway servant may present his case with the assistance of any other railwayservant (including a railway servant on leave preparatory to retirement) workingunder the same Railway Administration, subject to whose jurisdiction and control heis working. He cannot engage a legal practitioner for the purpose, unless thepresenting officer appointed by the disciplinary authority is a legal practitioner or thedisciplinary authority having regard to the circumstances of the case, so permits. Ifthe railway servant is employed in the office of the Railway Board, its attached officeor sub-ordinate office, he may present his case with the assistance of any otherrailway servant (including a railway servant on leave preparatory to retirement),employed in the office of the Railway Board, attached office or sub-ordinate office, asthe case may be, in which he is working.

Amended vide Railway Board's letter No. E(D&A)95 RG 6-68 dated 13/08/1997 (RBE109/1997).

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

Note.-

(1) A non-gazetted Railway servant may take the assistance of an official of a Railwaytrade union, recognised by the Railway Administration under which the Railway

servant is employed, to present his case before an inquiring authority but shallnot engage a legal practitioner for the above purpose except in the circumstancesbrought out in clause (a). An official of a railway trade union shall not be allowedto appear on behalf of an alleged delinquent railway official in connection with adisciplinary case pending against that official, to present his case favourablybefore an inquiring authority unless he has worked as such in a recognisedRailway Trade Union for a period of at least one year continuously prior to hisappearance before an inquiring authority for the above purpose subject to thecondition that he takes no fees.

Amended vide Railway Board's letter No. E(D&A)95 RG 6-68 dated 13/08/1997(RBE 109/1997).

(2) Nomination of an assisting railway servant or an official of a recognised railwaytrade union shall be made within 20 days from the date of appointment ofinquiring authority and it shall not be accepted if at the time of nomination theassisting railway servant or the official of a recognised railway trade union hasmore than three pending disciplinary cases in which he has to assist.

(2)

i. Nomination of an assisting railway servant or an official of a recognised RailwayTrade Union, who is a full time union worker, shall be made within twenty daysfrom the date of appointment of the Inquiring authority.

ii. The nomination shall not be accepted if the person assisting has three pendingdisciplinary cases on hand in which he has to assist.

Provided that an official of a recognised Railway Trade Union may assist in morethan three pending disciplinary cases."

Note 2 Substituted vide Railway Board's letter No. E(D&A)2003 RG 6-8 dated27.5.2005 (RBE 188/2005).

14 After the nomination of the assisting railway servant or the official of a railway trade unionand other necessary steps preliminary to the inquiry are completed, a date, ordinarily notexceeding one month from the date of appointment of inquiring authority, shall be fixedfor the inquiry and the railway servant informed accordingly.

15 The inquiring authority shall, on receipt of the notice for discovery or production ofdocuments, forward the same or copies thereof to the authority in whose custody orpossession the documents are kept with a requisition for the production of the documentsby 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 thecustody or possession of the requisitioned documents shall produce the same before theinquiring authority by the specified time:Provided that if the authority having the custody or possession of requisitioned documentsis satisfied for reason to be recorded by it in writing that the production of all or any suchdocuments would be against the public interest or security of the state, it shall inform theinquiring authority accordingly and the inquiring authority shall, on being so informed,communicate the information to the railway servant and withdraw the requisition made byit for the production or discovery of such documents.

17 On the date fixed for the inquiry, the oral and documentary evidence by which the articlesof charge are proposed to be proved, shall be produced by or on behalf of the disciplinaryauthority. 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 havebeen cross examined, but not on any new matter without the leave of the inquiringauthority. The inquiring authority may also put such question to the witnesses as it thinksfit.

18 If it shall appear necessary before the close of the case on behalf of the disciplinaryauthority, the inquiring authority, may, in its discretion, allow the Presenting Officer, ifany, to produce evidence not included in the list given to the railway servant or may itselfcall for new evidence or recall and re-examine any witness and in such cases the railwayservant shall be entitled to have, if he demands it, a copy of the list of further evidenceproposed to be produced and an adjournment of the inquiry for three clear days before theproduction of such new evidence exclusive of the day of adjournment and the day to whichthe inquiry is adjourned. The inquiring authority shall give the railway servant anopportunity of inspecting such documents before they are taken on the record. Theinquiring authority may also allow the railway servant to produce new evidence if it is ofthe 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 berecalled to fill up any gap in the evidence. Such evidence may be called for only when there

is an inherent lacuna or defect in the evidence which has been produced originally.19 When the case for the disciplinary authority is closed, the railway servant shall be

required to state his defence orally, or in writing, as he may prefer. If the defence is madeorally it shall be recorded and the railway servant shall, be required to sign the record. Ineither case a copy of the statement of defence shall be given to the Presenting Officer, ifany.

20 The evidence on behalf of the railway servant shall then be produced. The railway servantmay examine himself in his own behalf, if he so prefers. The witnesses produced by therailway 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 beentitled 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. Theinquiring 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 therailway servant has not examined himself, generally question him on the circumstancesappearing against him in the evidence for the purpose of enabling the railway servant toexplain any circumstances appearing in the evidence against him.

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

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

24 Whenever any inquiring authority, after having heard and recorded the whole or any partof the evidence in an inquiry ceases to exercise jurisdiction therein and is succeeded byanother inquiring authority which has, and which exercises, such jurisdiction, theinquiring authority so succeeding may act on the evidence so recorded by its predecessor,and partly recorded by itself.Provided that if, the succeeding inquiring authority is of the opinion that furtherexamination of any of the witnesses whose evidence has already been recorded isnecessary in the interest of justice, it may recall, examine, cross-examine and re-examineany 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; andd the findings on each article of charge and the reasons thereof..Explanation .- If in the opinion of the inquiring authority the proceedings of theinquiry establish any article of charge different from the original articles of charge, itmay record its findings on such article of charge.Provided that the findings on such article of charge shall not be recorded unless theRailway Servant has either admitted the facts on which such articles of charge isbased or has had a reasonable opportunity of defending himself against such articlesof charge.

(ii) The inquiring authority, where it is not itself the disciplinary authority, shall forwardto 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; ande the orders, if any, made by the disciplinary authority in regard to the inquiry.

Inquiry Officer :-

1. Status E(D&A)2000 RG 6-24 Dated 20.02.2001(RBE 36,37/2001)2. Role of explained Vide No. E(D&A)2000 RG 6-60 dated 9.5.2001 (RBE 89/2001)

Minor Penalty

Clarification for single speaking order for dropping major penalty and imposition of minorpenalty vide Railway Board's letter No. E(D&A)2001/RG 6-37 dated 13.12.2001 (RBE238/2001).

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 any

of the witnesses is necessary in the interests of justice, it may recall the said witnessand 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 theinquiring authority shall thereupon proceed to hold further inquiry according to theprovisions 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 inquiringauthority a copy of the report of the inquiring authority, its findings on furtherexamination of witnesses, if any, held under sub-rule (1) (a) together with its owntentative reasons for disagreement, if any, with findings of the inquiring authority onany article of charge to the Railway Servant, who shall be required to submit, if he sodesires, his written representation or submission to the disciplinary authority withinfifteen days, irrespective of whether the report is favourable or not to the RailwayServant;

b. shall consider "the representation if any, submitted by the Railway Servant andrecord 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 isnot within its competence, he shall forward the records of the inquiry to the appropriatedisciplinary 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 ofcharge, is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 6should be imposed on the railway servant, it shall, notwithstanding anything contained inrule 11, make an order imposing such penalty:

Provided that in every case where it is necessary to consult the Commission, the record ofthe inquiry shall be forwarded by the disciplinary authority to the Commission for its adviceand such advice shall be taken into consideration before making any order imposing anypenalty on the Railway Servant.

5. If the disciplinary authority, having regard to its findings on all or any of the articles ofcharge and on the basis of the evidence adduced during the inquiry, is of the opinion thatany of the penalties specified in clauses (v) to (ix) of rule 6 should be imposed on therailway servant, it shall make an order imposing such penalty and it shall not be necessaryto give the railway servant any opportunity of making representation on the penaltyproposed to be imposed:

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

Rule 10 substituted vide Board's letter No. E(D&A)87 RG 6-151 dated 8.8.2002 ( RBE132/2002)

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 ofsub-rule (4) of rule 10, no order imposing on a Railway servant any of the penaltiesspecified 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 imputation of misconduct or misbehaviour on which it is proposed totaken, and giving him a reasonable opportunity of making such representation as hemay 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 everycase in which the disciplinary authority is of the opinion that such inquiry isnecessary;

(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 isproposed, after considering the representation, if any, made by the railway servant underclause (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 toProvident Fund payable to the railway servant or to withhold increments of pay for aperiod exceeding three years or to withhold increments of pay with cumulative effect forany period, an inquiry shall be held in the manner laid down in sub-rules (6) to (25) ofRule 9, before making any order imposing on the Railway servant any such penalty.

3 Deleted4 The record of the proceedings in cases specified in sub-rule (1) and (2) shall include-

i a copy of the intimation to the railway servant of the proposal to take action againsthim;

ii a copy of the statement of imputations of misconduct or misbehaviour delivered tohim;

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 thereof.

12. Communication of orders.-

Orders made by the disciplinary authority which would also contain its findings on each articleof charge, shall be communicated to the Railway Servant who shall also be supplied with a copyof the advice, if any, given by the Commission and, where the disciplinary authority has notaccepted the advice of the Commission, a brief statement of the reasons for such non-acceptance'.

Rule 12 substituted vide Board's letter No. E(D&A)87 RG 6-151 dated 8.8.2002 ( RBE132/2002)

13. Common proceedings.-

1. Where two or more Railway servant are concerned in any case, the President or any otherauthority competent to impose the penalty of dismissal from service on all such Railwayservants, may make an order directing that disciplinary action against all of them may betaken in a common proceedings.Note.- If the authorities competent to impose the penalty of dismissal on such railwayservants are different, an order for taking disciplinary action in a common proceeding maybe 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 inclauses (vii) to (ix) of that rule if that authority is subordinate to the AppointingAuthority; and

iii. Whether the procedure laid down in rule 9 and Rule 10 or Rule 11 shall be followed inthe 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 ledto his conviction on a criminal charge; or

ii. where the disciplinary authority is satisfied, for reasons to be recorded by it in writing, thatit 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 notexpedient to hold an inquiry in the manner provided in these rules;The disciplinary authority may consider the circumstances of the case and make suchorders thereon as it deems fit.Provided that the Railway servant may be given an opportunity of making representationon the penalty proposed to be imposed before any order is made in a case falling underclause (i) above.Provided further that the commission shall be consulted where such consultation isnecessary, before any orders are made in any case under this rule.

15. Provision regarding Railway servant lent to State Governments, etc.-

1. Where the services of a Railway servant are lent to any other Ministry or Department ofthe Central Government or to a State Government or an authority subordinate thereto or toa local or other authority (hereinafter in this rule referred to as "the borrowing authority"),the borrowing authority shall have the powers of the authority competent to place theRailway servant under suspension for the purpose of placing him under suspension and ofthe disciplinary authority for the purpose of conducting disciplinary proceeding againsthim;Provided that the borrowing authority shall forthwith inform the authority which lent theservices of the Railway Servant (hereinafter in this rule referred to as "the lendingauthority") of the circumstances leading to the order of his suspension or thecommencement of the disciplinary proceeding, as the case may be.

2. In the light of the findings in the disciplinary proceedings conducted against the Railwayservant-

i. if the borrowing authority is of the opinion that any of the penalties specified inclauses (i) to (iv) of Rule 6 should be imposed on the railway servant, it may, afterconsultation with the lending authority, make such orders on the case as it deemsnecessary; Provided that in the event of difference of opinion between the borrowing authorityand the lending authority, the services of the railway servant shall be replaced at thedisposal of the lending authority.

ii. If the borrowing authority is of the opinion that any of the penalties specified inclauses (v) to (ix) of rule 6 should be imposed on the railway servant, it shall replacehis services at the disposal of the lending authority and transmit to it the proceedingsof the inquiry and thereupon the lending authority may, if it is the disciplinaryauthority, pass such orders thereon as it may deem necessary, or if it is not thedisciplinary authority, submit the case to the disciplinary authority, which shall passsuch orders on the case as it may deem necessary;Provided that before passing such orders, the disciplinary authority shall comply withthe provisions of sub-rules(4) and (5) of Rule 10.Explanation:-The disciplinary authority may make an order under this clause on therecord of the inquiry transmitted to it by borrowing authority, or after holding suchfurther inquiry as it may deem necessary, as far as may be, in accordance with Rule9.

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 theCentral Government other than the Ministry of Railways, or a State Government, or anauthority subordinate thereto, or of a person from a local or other authority (hereinafter inthis rule referred to as "the lending authority") are borrowed for appointment to a serviceor post under the Ministry of Railways, the authority which appointed him to that serviceor post( hereinafter in this rule referred to as "the borrowing authority") shall have thepowers of the lending authority for the purpose of placing such Government servant orperson under suspension or for conducting disciplinary proceedings against him;Provided that where an order suspending such Government servant or person is made or adisciplinary proceedings is conducted against such Government servant or person, theborrowing authority shall forthwith inform the lending authority of the circumstancesleading to the order of suspension or, as the case may be, the commencement of thedisciplinary proceedings against such Government servant or person.

2. In the light of the findings in the disciplinary proceeding conducted against suchGovernment servant or person-

i. if the borrowing authority is of the opinion that any of the minor penalties specified inthe rules by which such Government servant or person is governed, should beimposed on him, it may, after consultation with the lending authority, pass suchorders 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 authorityand the lending authority, the services of such Government servant or person shall bereplaced at the disposal of the lending authority;

ii. if the borrowing authority is of the opinion that any of the major penalties specifiedin the rules by which such government servant or person is governed, should beimposed on him, it shall replace his services at the disposal of the lending authorityand transmit to it the proceedings of the inquiry and thereupon the lending authoritymay pass such orders thereon as it may deem necessary.

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

disciplinary proceedings, 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 anyof 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 any 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 Fundbenefits, service gratuity or other conditions of service as regulated by rules or byagreement; 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 hisunfitness 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 tohim under the rules, if he is a pensionable Railway servant;

d. reducing or withholding the Government contribution to Provident Fund and specialContribution to Provident Fund or Gratuity admissible to him under the State RailwayProvident Fund Rules and Gratuity Rules, if he is a non-pensionable Railway servant;

e. determining the subsistence and other allowance to be paid to him for the period ofsuspension or for the period during which he is deemed to be under suspension or forany 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 the

date of his dismissal, removal or compulsory retirement to the date of hisreinstatement 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 inRailway service;

ii. the expression "pension" includes additional pension, gratuity and any otherretirement benefit.

19. Appellate Authority.-

1. A Railway servant, including a person who has ceased to be in Railway service, may preferan appeal against all or any of the orders specified in Rule 18 to the authority specified inthis 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 towhich it is immediately subordinate;

ii. where a penalty is enhanced, either in appeal or on revision and/or review, to the

authority to which the authority making the order, is immediately subordinate; iii. in the case of an appeal against an order specified in clause (iv) of Rule 18, relating

to a rule, to the authority which appointed the appellant or the authority which madethe rule to which the order under appeal relates, whichever of them may be thehigher authority, and in the case of an appeal relating to an agreement, to theauthority 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; andb. 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 theauthority to which the authority functioning as the disciplinary authority for thepurpose of that proceeding, is immediately subordinate;

ii. where the person who made the order appealed against becomes by virtue of hissubsequent appointment or otherwise, the appellate authority in respect of suchorder, an appeal against such order shall lie to the authority to which such `person isimmediately subordinate;Provided that in a case where the appellate authority is the Railway Board, the appealshall be dealt with by any Member of the Railway Board, who has not made the orderappealed against.

3. A railway servant may prefer an appeal against an order imposing any of the penaltiesspecified 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, onsuch railway servant in respect of his activities connected with his work as an office bearerof an association, federation or union participating in the Joint Consultation andCompulsory Arbitration Scheme.

20. Period of limitation for appeals.-

No appeal preferred under this part, shall be entertained unless such appeal is preferred within aperiod of forty-five days from the date on which a copy of the order appealed against, isdelivered to the appellant;Provided that the appellate authority may entertain the appeal, after the expiry of the saidperiod, if it is satisfied that the appellant had sufficient cause for not preferring the appeal intime.

21. Form and contents and submission of appeal.-

1. Every person preferring an appeal shall do so separately and in his own name. An appealforwarded through or countersigned by a legal practitioner or an assisting Railway servantor a Railway Trade Union Official shall not be entertained but shall be returned with thedirection 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 beingforwarded by the appellant to the authority which made the order appealed against. Itshall contain all material statements and arguments on which the appellant relies, shallnot 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 theappeal, forward the same with its comments thereon together with the relevant records tothe appellate authority without an avoidable delay and without waiting for any directionfrom the appellate authority.

22. Consideration of appeal.-

1. In the case of an appeal against an order of suspension, the appellate authority shallconsider whether in the light of the provisions of Rule 5 and having regard to thecircumstances of the case, the order of suspension, is justified or not and confirm orrevoke the order accordingly.

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

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 theConstitution of India or in the failure of justice;

b. whether the findings of the disciplinary authority are warranted by the evidence onthe record; and

c. whether the penalty or the enhanced penalty imposed is adequate, inadequate orsevere; and pass orders-

i. confirming, enhancing, reducing or setting aside the penalty; orii. 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 circumstancesof the case;Provided that -

i. the commission shall be consulted in all cases where such consultation isnecessary;

ii. if the enhanced penalty which the appellate authority proposes to imposeis one of the penalties specified in clauses (v) to (ix) of Rule 6 and aninquiry under Rule 9 has not already been held in the case, the appellateauthority shall, subject to the provisions of Rule 14, itself hold suchinquiry or direct that such inquiry be held in accordance with theprovisions of Rule 9 and thereafter, on a consideration of the proceedingssuch inquiry make such orders as it may deem fit;

iii. if the enhanced penalty which the appellate authority proposes to impose, isone of the penalties specified in clauses (v) to (ix) of Rule 6 and an inquiryunder 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 one specified in clause (iv) of Rule 6 and falls within the scopeof 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 beenheld in the case, itself hold such inquiry or direct that such inquiry be heldin accordance with the provisions of Rule 9 and thereafter, on aconsideration of the proceedings of such inquiry, pass such orders as itmay deem fit; and

v. no order imposing an enhanced penalty shall be made in any other case unlessthe appellant has been given a reasonable opportunity, as far as may be, inaccordance with the provisions of Rule 11, of making a representation againstsuch enhanced penalty

3. In an appeal against any other order specified in Rule 18, the appellate authority shallconsider all the circumstances of the case and make such orders as it may deem just andequitable.

Clarification on comments of the disciplinary authority on the appeal No. E(D&A)99 RG 6-40dated 13.1.2000 (RBE 07/2000).

23. Implementation of orders in appeal.-

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

24. Special provisions for non-gazetted staff.-

1. Where the penalty of dismissal, removal, compulsory retirement, reduction or withholdingof increment has been imposed, the appellate authority may, at its discretion and if itconsiders it necessary, give the non-gazetted Railway servant a personal hearing beforedisposing 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 RailwayAdministration, Office of the Railway Board, its attached office or subordinate office, as thecase may be, in which the appellant was or is working or an official (who is not a legalpractitioner) of a Railway Trade Union recognised by the Railway Administration on whichthe appellant was or is employed.

2. A Group 'C' Railway servant who has been dismissed, removed or compulsorily retired fromservice 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 penaltyimposed 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 revisionpetition. On receipt of such a request, the General Manager shall refer the case to theChairman, 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 fromthe Railway Rates Tribunal, as the case may be, the General Manager shall dispose of theapplication in accordance with the procedure laid down in Rule 25 and pass such orders ashe may think fit:Provided that the procedure mentioned in this sub-rule shall not apply in cases where theGeneral Manager or the Railway Board are the Appellate Authority:Provided further that where a revision application has been disposed of by the GeneralManager 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 retiredfrom service may, after his appeal to the appropriate appellate authority has been disposedof and within 45 days thereafter, apply to the Divisional Railway Manager and where he isnot under the control of any Divisional Railway Manager to the Senior most AdministrativeGrade Officer under whose control he may be working, for a revision of the penaltyimposed on him. The Divisional Railway Manager or the Senior most administrative GradeOfficer, as the case may be, shall thereafter dispose of the revision application inaccordance with the procedure laid down in Rule 25 and pass such orders as he may thinkfit:Provided that the procedure mentioned in this sub-rule shall not apply where the DivisionalRailway Manager or the Senior most Administrative Grade Officer or any higher authority,as the case may be, is the appellate authority:Provided further that where a revision application has been disposed of by the DivisionalRailway Manager or the Senior most Administrative Grade Officer under this sub-rule, nofurther revision shall lie under Rule 25.

PART VI

REVISION AND REVIEW

25. Revision .-

1. Notwithstanding anything contained in these rules-i. the President, orii. the Railway Board, or

iii. the General Manager of a Railway Administration or an authority of that status is thecase of a Railway Servant serving under this control, or

iv. the appellate authority not below the rank of Divisional Railway Manager in caseswhere no appeal has been preferred, or

v. any other authority not below the rank of Deputy Head of Department in the case ofRailway Servant serving under his control -

may at any time, either on his or its own motion or otherwise, call for the records ofany inquiry and revise any order made under these rules or under the rules repealedby Rule 29, after consultation with the Commission, where such consultation isnecessary, and may

a. confirm, modify or set aside the order; orb. 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 properin 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 revisingauthority unless the Railway servant concerned has been given areasonable opportunity of making a representation against the penaltyproposed;

b. subject to the provisions of Rule 14, where it is proposed to impose any ofthe penalties specified in Clauses (v) to (ix) of Rule 6 or the penaltyspecified in Clause (iv) of Rule 6 which falls within the scope of theprovisions contained in sub-rule (2) of Rule 11 or to enhance the penaltyimposed by the order under revision to any of the penalties specified inthis sub-clause, no such penalty shall be imposed except after followingthe procedure for inquiry in the manner laid down in Rule 9, unless such

inquiry has already been held, and also except after consultation with theCommission, where such consultation is necessary.

2. No proceeding for revision shall be commenced until after-i. the expiry of the period of limitation for an appeal; orii. 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 ofpunishment in case of Railway accidents.

3. An application for revision shall be dealt with in the same manner as if it were an appealunder 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; andii. 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 limitlaid down for revision by the appellate authority, has expired;Provided that nothing contained in clauses (i) and (ii) above, shall apply to revisionby 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 itis proposed to impose or enhance a penalty or modify the order to the detriment ofthe Railway servant, or more than one year after the date of the order to be revised incases where it is proposed to reduce or cancel the penalty imposed or modify theorder in favour of the Railway servant. Provided that when revision is undertaken by the Railway Board or the GeneralManager of a Zonal Railway or an authority of the status of a General Manager in anyother Railway Unit or Administration when they are higher than the appellateauthority, and by the President even when he is the appellate authority, this can bedone without restriction of any time limit.Explanation: For the purposes of this sub-rule the time limits for revision of casesshall be reckoned from the date of issue of the orders proposed to be revised. Incases where original order has been upheld by the appellate authority, the time limitshall 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 passedunder these rules when any new material or evidence which could not be produced or was notavailable at the time of passing the order under review and which has the effect of changing thenature 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 unlessthe Railway servant concerned has been given a reasonable opportunity of making arepresentation against the penalty proposed or where it is proposed to impose any of the majorpenalties specified in Rule 6 or to enhance the minor penalty imposed by the order sought to bereviewed to any of the major penalties and if an enquiry under Rule 9 has not already been heldin the case, no such penalty shall be imposed except after inquiring in the manner laid down inRule 9, subject to the provisions of Rule 14 and except after consultation with the Commissionwhere such consultation is necessary.

PART - VII

MISCELLANEOUS

26. Service of orders, notices etc. -

Every order, notice and other process made or issued under these rules, shall be served inperson 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 ofthe Railway Board or President, any notice, process, order etc. made or issued under these

Rules: —

1. Secretary, Railway Board/Joint Secretary/Deputy Secretary.2. Executive Director/Director/Joint Director.}

## Substituted vide Railway Board's letter No. E(D&A)94 RG 6-10 dated 16.02.1999 (RBE23/1999).

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 ofthe Railway Board or President any notice, process, order, etc. made or issued under theserules:-

1. Secretary, Railway Board/Director.2. Joint Secretary/Additional Director.3. Deputy Secretary/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 rulesto make any order may, for good and sufficient reasons or if sufficient cause is shown, extendthe time limit specified in these rules for anything required to be done under these rules orcondone 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 theCommission and, where such advice has not been accepted, also a brief statement of thereasons 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 theRailway Protection Force, in force with effect from the 1st August, 1961 and any ordersissued there-under in so far as they are inconsistent with these rules, are hereby repealed;Provided that -

a. such repeal shall not effect the previous operation of the said rules, or any ordermade, or anything done, or any action taken, there under; 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 theprovisions 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 rulesapply, of any right of appeal which had accrued to him under the rules or orders in forcebefore the commencement of these rules.

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

4. As from the commencement of these rules, any appeal or application for revision and/orreview against any orders made before such commencement, shall be preferred or madeunder 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 limitationfor any appeal or review provided by any rule in force before the commencement of theserules.

30. Removal of doubts.-

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

31. Right to submit petitions to the President.-

Nothing in these rules shall operate to deprive a Railway servant from exercising his right ofsubmitting a petition to the President in accordance with the instructions contained in AppendixII to the Indian Railway Establishment Code, Volume I (Fifth Edition, 1985).

SCHEDULE I

(See Rule 4 and sub-rule(2) of Rule7)

Itemno.

Class of railwayservant

Authorityempowered toplace a Railwayservant undersuspension or toimpose penalties

Nature of penalties which theauthority in column 3 isempowered to impose on Railwayservants mentioned incorresponding entries in column2 and powers of that authority toplace them under suspension.

Appellateauthority

1 2 3 4 5RAILWAY BOARD's OFFICE1 All classes of non-

gazetted Railwayservants includingGroup 'B' (non-gazetted)Ministerial staffappointed upto30.06.88

Secretary, RailwayBoard.

All penalties specified in Rule 6and suspension

Railway Board

2 -do- Joint Secretary,Railway Board.

Penalties specified in clauses (i)to (vi) of Rule 6 and suspension.

Secretary,Railway Board

3 -do-appointed on orafter 01.07.88

-do- All penalties specified in Rule 6and suspension

Secretary,Railway Board

4 Group 'D' staffappointed upto30.06.1988

Under Secretary,Railway Board.

Penalties specified in clauses (i)to (vi) of Rule 6 and suspension.

JointSecretary,RailwayBoard.

5 Group 'D' staffappointed on orafter 01.07.1988

-do- All penalties specified in Rule 6and suspension

-do-

RESEARCH, DESIGNS AND STANDARDS ORGANISATION1 All classes of non-

Gazetted RailwayServants includingGroup 'B' (non-gazetted ) staff.

Joint Director orAdditional Directoror Director orAdditional DirectorGeneral or DirectorGeneral

All penalties specified in Rule 6and suspension

Next Higherauthority towhom theauthority inColumn 3 isimmediatelysubordinate

2 Group 'D' Staffand Group 'C'Staff except thosein scale Rs 1600-2660 (RS '86)

Deputy Directorand others officersin Senior scale orequivalent

Penalties specified in item (i) to(vi) of Rule 6 and suspension

-do-

3(a) Group 'D' staff Junior scale orGroup 'B officers,secretary toDirector General,Asstt. Engineer(construction)

-do- -do-

3(b) Group 'C' staff inscale of pay uptoand includingRs.1200-2040(RS'86)

-do- Penalties specified in items (i) to(v) of rule 6 and suspension

-do-

4 Group 'D' staff Senior Supervisors Penalties specified in items (i) to -do-

and Group 'C'staff in scale ofpay rising uptoRs.1540 (RS'86)

in scale Rs. 1640-2900(RS'86) andabove.

(iii-a) of Rule 6 and alsosuspension subject to report toJunior Scale or class II officer ofthe respective branch within 24hours in the case of Group 'C'staff.

INDIAN RAILWAYS INSTITUTE OF SIGNAL ENGINEERING ANDTELECOMMUNICATIONS,SECUNDERABAD1 All classes of non-

gazetted Railwayservants

Director All penalties specified in Rule 6and suspension

Railway Board

2 All classes of non-gazetted Railwayservants

SeniorAdministrativeGrade Officers(other thanDirector)

Full powers in respect of Group'C' officer and Group 'D' staffplaced under their control (exceptthat only Appointing Authoritywill impose penalties underclauses (vii), (viii) and (ix) ofRule 6.

Director

3 All classes of non-gazetted Railwayservants

JunioradministrativeGrade Officers

-do- Next higherauthority towhom theauthority incolumn 3 isimmediatelysubordinate.

4 All non-gazettedRailway servantsreferred to incolumn 4

Senior Scaleofficers a. Penalty specified in clause

(i) of Rule 6-All non-gazetted staff except ingrade Rs.2000-3200(RS'86)and above

b. Penalties specified inclauses (ii), (iii), (iii-b) and(iv) of Rule 6-All non-gazetted staff except ingrade Rs.1600-2660(RS'86)and above.

c. Penalties specified inclauses (v) and (vi) of Rule6-All non-gazetted staffexcept in grade Rs.1600-2660(RS'86) and above.

d. Penalty specified in clause(iii-a) of Rule 6 -For Officerswith ten years service andless as Gazetted Officers -All non-gazetted staffexcept in grade Rs.1600-2660 (RS'86) and above.For Officers with more thanten years service asGazetted Officers - All non-gazetted staff except ingrade Rs.2000-3200(RS'86)and above.

e. Penalties specified inclauses (vii) ,(viii) and (ix)of Rule 6 -All non-Gazettedstaff for whom the SeniorScale officers are theappointing or higherauthorities.(f) Suspension- All non-gazetted staff in scale uptoand including Rs. 1600-2660/1400-2300 (RS'86)

Next higherauthority towhom theauthority incolumn 3 isimmediatelysubordinate

RAILWAY STAFF COLLEGE, VADODARA1 All classes of non- Principal All penalties specified in Rule 6 Railway Board

gazetted Railwayservants

and suspension

2 All classes of non-gazetted Railwayservants

Vice-principal andSeniorAdministrativeGrade Officers

Full powers in respect of Group'C' & Group 'D' staff placed undertheir control (except that onlyAppointing Authority will imposepunishments under clauses (vii),(viii) and (ix) of Rule 6).

Principal

3 All classes of non-gazetted Railwayservants

JunioradministrativeGrade Officers.

-do- Vice-principal

4 All classes of non-gazetted Railwayservants referredto in Column 4

Senior Scaleofficers a. Penalty specified in clauses

(i), (iii) and (iii-a) of Rule 6and suspension-All non-gazetted staff except ingrade Rs.2000-3200(RS'86)and above.

b. Penalties specified inclauses (ii), (iii-b) and (iv)of Rule 6-All non-gazettedstaff except in gradeRs.1600-2660(RS'86) andabove.

c. Penalties specified inclauses (v), (vi) of Rule 6-All non-gazetted staffexcept in grade Rs.1400-2300(RS'86) and above.

d. Penalties specified inclauses (vii), (viii) and (ix)of Rule 6 -All Group 'D' andGroup 'C staff for whom theofficer concerned is theappointing authority.

Vice-Principal

5 All non-gazettedRailway staffreferred to incolumn 4

Officers in Juniorscale or in Group'B'

a. Penalties specified inclauses (i) and (iii-a) ofRule 6-All non-gazettedstaff except in grades uptoand including Rs.1400-2300(RS'86)

b. Penalties specified inclauses (ii),(iii),(iii-b), (iv)and (v) of Rule 6-All non-gazetted staff except inscale of pay rising uptoRs.1800(Rs'86)

c. Penalty specified in clause(vi) of Rule 6-Group 'D'staff.

d. Penalties specified inclauses (vii), (viii) and (ix)of Rule 6 -Group 'D' staff forwhom officers in JuniorScale or in Group 'B' are theappointing authorities.

e. Suspension- All non-gazetted staff drawingRs.1800(RS'86) and below

Vice Principal

INDIAN RAILWAYS INSTITUTE OF CIVIL ENGINEERING, PUNEAND INDIAN RAILWAYS INSTITUTE OF ELECTRICAL ENGINEERING, NASIK1 All classes of non-

gazetted Railwayservants

Director All penalties specified in Rule 6and suspension

Railway board

2 All classes of non-gazetted Railway

SeniorAdministrative

Full powers in respect of Group'C' & Group 'D' staff placed under

Director

servants Grade officers(Other Thandirector)

their control (except that onlyAppointing Authority will imposepenalties under clauses (vii),(viii) and (ix) of Rule 6.

3 All classes of non-gazetted Railwayservants

JuniorAdministrativeGrade Officers.

-do- Next higherauthority towhom theauthority incolumn 3 isimmediatelysubordinate.

4 All classes of non-gazetted Railwayservants referredto in column 4

Senior Scaleofficers a. Penalty specified in clauses

(i). (iii) and (iii-a) of Rule 6and suspension-All non-gazetted staff except ingrade Rs.2000-3200(RS'86)and above.

b. Penalties specified inclauses (ii), (iii-b) and (iv)of Rule 6-All non-gazettedstaff except in gradeRs.1600-2660(RS'86) andabove.

c. Penalties specified inclauses (v) and (vi) of Rule6-All non-gazetted staffexcept in grade Rs.1400-2300(RS'86) and above.

d. Penalties specified inclauses (vii) ,(viii) and (ix)of Rule 6 -All Group 'D' andGroup 'C staff for whom theofficer concerned is theAppointing Authority.

Next higherauthority towhom theauthority incolumn 3 isimmediatelysubordinate.

INDIAN RAILWAYS INSTITUTE OF MECHANICAL & ELECTRICAL ENGINEERING, JAMALPUR1 All classes of non-

gazetted Railwayservants

Director All penalties specified in Rule 6and suspension

Railway Board

2 All classes of non-gazetted Railwayservants

SeniorAdministrativeGrade Officers(other thanDirector)

Full powers in respect of Group'C' officer and Group 'D' staffplaced under their control(exceptthat only Appointing Authoritywill impose penalties underclauses (vii), (viii) and (ix) ofRule 6.

Director

3 All classes of non-gazetted Railwayservants

JuniorAdministrativeGrade Officers

-do- Next higherauthority towhom theauthority incolumn 3 isimmediatelysubordinate.

4 All classes of non-gazetted Railwayservants exceptthose in scale Rs.2000-3200(RS'86) andabove.

Senior Scaleofficers

Full powers in respect of Group'C' officer and Group 'D' staffplaced under their control (exceptthat only Appointing Authoritywill impose penalties underclauses (vii), (viii) and (ix) ofRule 6.

-do-

RAILWAY RECRUITMENT BOARDS1 All classes of non-

gazetted Railwayservants

Chairman All penalties specified in Rule 6and suspension

Railway board

RAILWAY RATES TRIBUNAL1 All classes of non-

gazetted RailwayChairman All penalties specified in Rule 6

and suspensionRailway board

servants2 2. All classes of

non-gazettedRailway servants

Secretary Penalties Specified in Clauses (i)to (iv) of Rule 6 and suspension

Chairman/RRT

RAILWAY LIAISON OFFICE1 All classes of non-

gazetted Railwayservants

Joint Secretary,Railway Board

All penalties specified in Rule 6and suspension

Railway Board

ALL OTHER OFFICES (NOT SHOWN ABOVE)1 All classes of non-

gazetted Railwayservants

Head of Office All penalties specified in Rule 6and suspension

Railway board

Note:-

1. The Railway Board may impose any of the penalties specified in Rule 6 on all non-gazettedRailway Servants employed in the offices mentioned in this Schedule and place them undersuspension.

2. The penalty of compulsory retirement or removal or dismissal from service shall beimposed only by the Appointing authority or an authority of equivalent rank or a higherauthority.

Railway Board's letter

No. E(D&A)89 RG6-80 dated 20-01-1992.

No. E(D&A)92 RG6-166 dated 11-01-1993.

Revised scales vide Notification No. E(D&A)98 RG 6-42 dated 11.10.1999 (RBE 263/1999).

SCHEDULE II

(See Rule 4 and sub-rule(2) of Rule7)

Schedule of Disciplinary powers and powers of suspension ofdifferent grades of Railway Officers and Senior supervisors in respect

of non-gazetted staff of Zonal Railways, Chittaranjan LocomotiveWorks, 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).

Sr.Supervisorsin-charge inGr. Rs. 4500-7000 andabove.(Described asSupervisorsin-charge bythe RailwayAdministrationfor thispurpose.

AssistantOfficers(Junior Scaleand Group'B')

Sr. ScaleOfficers andAssistantOfficers(Junior Scaleand Group 'B'holdingindependentcharge)

Jr.Administrativegrade Officersand SeniorScale Officersholdingindependentcharge orIncharge ofDepartment inthe Division.

AdditionalDivisional RailwayManagers inrelation to theDepartmentsattached to themor DivisionalRailway Managers

All SeniorAdministrativeGrade Officersin the ZonalRailways'Headquarterin the payscale of Rs.18400-22400includingPrincipalHeads ofDepartment inthe pay scaleof Rs. 22400-24500.

AdditionalGeneralManagers inrelation toDepartmentsattached tothem or ChiefAdministrativeOfficer orGeneralManagers

RailwayBoard

1 2 3 4 5 6 7 8(i). CensureGroup 'D' andGroup 'C' staffwho are 3grades belowand lowerthan theDisciplinaryAuthority

Group 'D' andGroup 'C'staff in payscales ofupto andincluding Rs.5000-8000.

Group 'D' andGroup 'C'staff in payscale of uptoand includingRs. 5500-9000.

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff.

Group 'D' andGroup 'C'staff.

Group 'D' andGroup 'C'staff.

Group 'D' andGroup 'C'staff.

(ii). WITH-HOLDING OF PROMOTIONSGroup 'D' andGroup 'C' staffwho are three

Group 'D' andGroup 'C'staff in pay

Group 'D' andGroup 'C'staff in pay

Group 'D' andGroup 'C'staff.

Group 'D' andGroup 'C' staff.

Group 'D' andGroup 'C'staff.

Group 'D' andGroup 'C'staff.

Group 'D' andGroup 'C'staff.

grades belowand lowerthan theDisciplinaryAuthority

scales ofupto andincluding Rs.5000-8000.

scale of uptoand includingRs. 5500-9000.

(iii). RECOVERY FROM PAY OF PECUNIARY LOSS CAUSED TO GOVERNMENT BY NEGLIGENCE OR BREACH OF ORDER.Group 'D' andGroup 'C' staffwho are 3grades belowand lowerthan theDisciplinaryAuthority.

Group 'D' andGroup 'C'staff in payscales ofupto andincluding Rs.5000-8000.

Group 'D' andGroup 'C'staff in payscale of uptoand includingRs. 5500-9000.

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C'staff

(iv). WITHHOLDING OF PRIVILEGE PASSES AND/OR PTOSGroup 'D' andGroup 'C' staffwho are 3grades belowand lowerthan theDisciplinaryAuthority.

Group 'D' andGroup 'C'staff in payscales ofupto andincluding Rs.5000-8000.

Group 'D' andGroup 'C'staff in payscale of uptoand includingRs. 5500-9000.

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C'staff

(v). REDUCTION TO LOWER STAGE IN TIME SCALE OF PAY FOR A PERIOD NOT EXCEEDING 3 YEARS, WITHOUT CUMULATIVEEFFECT AND NOT AFFECTING PENSION.Group 'D' andGroup 'C' staffwho are 3grades belowand lowerthan theDisciplinaryAuthority.

Group 'D' andGroup 'C'staff in payscales ofupto andincluding Rs.5000-8000.

Group 'D' andGroup 'C'staff in payscale of uptoand includingRs. 5500-9000.

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C'staff

(vi). WITHHOLDING OF INCREMENTS.Group 'D' andGroup 'C' staffwho are 3grades belowand lowerthan theDisciplinaryAuthority. No.powersexercisablewhere inquiryunder sub-rule (2) ofRule 11 isrequired.

Group 'D' andGroup 'C'staff in payscales ofupto andincluding Rs.5000-8000.

Group 'D' andGroup 'C'staff in payscale of uptoand includingRs. 5500-9000.

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C'staff

(vii). REDUCTION TO LOWER STAGE IN TIME SCALE OF PAY FOR A PERIOD EXCEEDING THREE YEARS, OR WITH CUMULATIVEEFFECT OR ADVERSELY AFFECTING PENSION.Nil. Group 'D' and

Group 'C'staff in payscales ofupto andincluding Rs.5000-8000.

Group 'D' andGroup 'C'staff in payscale of uptoand includingRs. 5500-9000.

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C'staff

(viii) REDUCTION TO A LOWER TIME SCALE OF PAY, GRADE ,POST OR SERVICE.Nil Group 'D'

StaffGroup 'D' andGroup 'C'staff in payscale of uptoand includingRs. 5500-9000.

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C'staff

(ix) COMPULSORY RETIREMENT(x) REMOVAL FROM SERVICE(xi) DISMISSAL FROM SERVICEAppointing Authority or an authority of equivalent rank or any higher authority.(xii) SUSPENSION (Not amounting to penalty)Group 'D' andGroup 'C' staffin pay scalesof upto andincluding Rs.3200-4900subject toreport toDivisionalOfficer orAssistantOfficerInchargewithin 24

Group 'D' andGroup 'C'staff in payscales ofupto andincluding Rs4000-6000.

Group 'D' andGroup 'C'staff in payscales of uptoand includingRs. 5000-8000.

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C' staff

Group 'D' andGroup 'C'staff

Hours in thecase of 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 postof the rank shown in any particular column does not exist , the appellate authority shall be that shown in the nextcolumn.

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

Substituted by Railway Board's letter No. E(D&A)2002/RG6-1 dated 10-03-2003 (RBE 46/2003).

*SCHEDULE III

See Rule 4 and sub-rule(2) of Rule7)]

1 2 3 4Item No. Class of

RailwayServant

Authority empowered to place aRailway servant under suspension orto impose penalty and its nature

Appellate authority

1. RailwayServantsGroup -A

President - Full powers Railway Board - Suspension and thepenalties specified in Clauses (i) to (vi)of rule 6

President

General Managers/ Additional GeneralManager who has been ordered by theCompetent Authority to look after thecurrent duties of General Manager inthe absence of a regularly postedGeneral Manager, Director General,Research Designs and StandardsOrganisation, Director General,Railway Staff College, ChiefAdministrative Officers (havingindependent charge of theirorganisations) - Suspension and thepenalties specified in Clauses (i), (iii),(iii-a), (iii-b) and (iv) of Rule 6 in thecase of Officers upto and includingSelection Grade Officers of JuniorAdministrative Grade.

President

Principal Heads of Departments -Suspension and the penalties specifiedin clauses (i), (iii), (iii-a), (iii-b) and(iv) of rule 6 in the case of officers inJunior Scale.

General Managers/Additional General Managerswho has been ordered bythe Competent Authority tolook after the current dutiesof General Manager in theabsence of a regularlyposted General Manager.

2. RailwayServantsGroup -B

President - Full powers Railway Board - Full Powers PresidentGeneral Managers/ Additional GeneralManager who has been ordered by theCompetent Authority to look after thecurrent duties of General Manager inthe absence of a regularly postedGeneral Manager, Director General,Research Designs and StandardsOrganisation, Director General,Railway Staff College, ChiefAdministrative Officers (havingindependent charge of theirorganisations) - Suspension and thepenalties specified in Clauses (i) to (vi)

Railway Board

of Rule 6.Secretary, Railway Board - Suspensionand the penalties specified in clauses(i), (iii), (iii-a), (iii-b) and (iv) of rule6 in the case of Group 'B' officers of theRailway Secretariat Service

Railway Board.

Principal Heads of Departments -Suspension and the penalties specifiedin clauses (i), (iii), (iii-a), (iii-b) and(iv) of rule 6.

General Managers/Additional General Managerswho has been ordered bythe Competent Authority tolook after the current dutiesof General Manager in theabsence of a regularlyposted General Manager.

Note 1 :

Disciplinary powers of Principal Heads of Departments under this Schedule shall alsobe exercised by the co-ordinating Heads of Department or by the Heads ofDepartment in Senior Administrative Grade who are in independent charge, in theirdepartments in the Production Units viz. Chittaranjan Locomotive Works,Chittaranjan, Diesel Component Works, Patiala, Diesel Locomotive Works, Varanasi,Integral Coach Factory, Perambur, Wheel and Axle Plant, Yelahanka (Banglore), andRail Coach Factory, Kapurthalla, and in new Zonal Railways viz. East Coast Railway,Bhubaneswar, East Central Railway, Hajipur, North Central Railway, Allahabad, NorthWestern Railway, Jaipur, South Western Railway, Hubli, West Central Railway,Jabalpur, South East Central Railway, Bilaspur in respect of officers in Junior Scaleand Group 'B' who are under their administrative control.

Note 2:

Disciplinary powers of Principal Heads of Departments under this Schedule shall alsobe exercised by the Directors of Railway Training Institutes, namely, Director, IndianRailway Institute of Civil Engineering, Pune, Director, Indian Railway Institute ofElectrical Engineering, Nasik, Director, Indian Railway Institute of Mechanical andElectrical Engineering, Jamalpur, Director, Indian Railway Institute of SignalEngineering and Telecommunications, Secundrabad and Director, Indian RailwayCentre for Advanced Maintenance Technology, Gwalior in respect of officers in JuniorScale and Group 'B' who are under their administrative control.

Note 3: ($$$)

Disciplinary powers of Principal Heads of Departments under this Schedule shall alsobe exercised by Senior Executive Directors and Executive Directors who are inindependent charge, in Research, Designs and Standards Organisation; CoordinatingHeads of Departments in Senior Administrative Grade or by the Heads of Departmentsin Senior Administrative Grade who are in independent charge, in Metro Railway,Kolkata, Central Organisation Railway Electrification, Allahabad, Central Organisationfor Modernisation of Workshops, New Delhi; and Chairman of respective RailwayRecruitment Boards, in respect of officers in Junior Scale and Group 'B' who are undertheir administrative control.

**** Schedule III Substituted vide Railway Board's Letter No. E(D&A)98 RG6-52 dated16.1.2003 (RBE 15/2003)

$$$ Inserted vide Railway Board's Letter No. E(D&A) 98/RG 6-52 dated 23rd June, 2005 (RBE105/2005)

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

DAR - Rule 5

Subject :- THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968 -PART II

SUSPENSION 5. Suspension

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 interestof the security of the state; or

(c) where a case against him in respect of any criminal offence, is underinvestigation, inquiry or trial.

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

(a) with effect from the date of his detention, if he is detained in custody, whetheron 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 anoffence, he is sentenced to a term of imprisonment exceeding forty-eight hoursand is not forthwith dismissed or removed or compulsorily retired consequent tosuch 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 theconviction 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 serviceimposed upon a railway servant under suspension, is set aside in appeal or onrevision and/ or review and the case is remitted for further inquiry or action or withany other directions, the order of his suspension shall be deemed to have continuedin force on and from the date of the original order of dismissal, removal orcompulsory retirement and shall remain in force until further orders.

(4) Where a penalty of dismissal, removal or compulsory retirement from serviceimposed upon a railway servant, is set aside or declared or rendered void inconsequence of or by a decision of a court of Law and the disciplinary authority onconsideration of the circumstances of the case, decides to hold a further inquiryagainst him on the allegations on which the penalty of dismissal, removal orcompulsory retirement, was originally imposed, the railway servant shall be deemedto have been placed under suspension by the competent authority from the date ofthe original order of dismissal, removal or compulsory retirement and shall continueto remain under suspension until further orders.Provided that no such further inquiry shall be ordered unless it is intended to meet asituation where the court has passed an order purely on technical ground withoutgoing 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 authoritycompetent 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 anyother disciplinary proceeding is commenced against him during the continuanceof 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 shallcontinue to be under suspension until the termination of all or any of suchproceedings.

(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 isdeemed to have made the order or by any authority to which that authority issubordinate.

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)64 RG 6-35 dated 10/12/1964

Subject :- Circumstances under which a Railway Servant may be placed undersuspension.

This letter is Confidential. Please contact appropriate authority to get the copy of the same ifyou are authorised to see the same.

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)59 RG 6-37 dated 05/01/1960

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)59 RG 6-37 dated 05/01/1961

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)61 RG 6-43 dated 28/04/1965

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)87 RG 6-75 dated 22/07/1987

Subject :- R.S.(D&A) Rules, 1968 - Suspension of Railway servants involved incases of dowry death.

This letter is Confidential. Please contact appropriate authority to get the copy of the same ifyou are authorised to see the same.

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)85 RG 6-15 dated 16/04/1985

Subject :- Suspension of officials caught red-handed while accepting bribe in trapcases.

This letter is Confidential. Please contact appropriate authority to get the copy of the same ifyou are authorised to see the same.

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)86 RG 6-58 dated 08/08/1986

Subject :- Suspension of suspect officials in corruption cases - cases investigatedby C. B. I.

This letter is Confidential. Please contact appropriate authority to get the copy of the same ifyou are authorised to see the same.

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)81 RG 6-29 dated 18/07/1981

Subject :-

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(RAILWAY BOARD)

RBE No. 33/1995

No. E(D&A)95 RG 6-21 dated 06/04/1995

Subject :- Suspension of Government employee - Time limit regarding.

A copy of the Department of Personnel's O.M. No. 11012/7/78-Estt (A) dated 14.9.1978 on theabove subject is enclosed for information and guidance alongwith a copy each of their O.M. No.39/39/70-Estt. (A) dated 4.2.1971 and O.M. No. 39/33/72-Estt (A) dated 16.12.1972 referredto therein.

2. Incidentally, instructions contained in DOP’s OM dated 4.2.1971 are the same as containedin Board's circular letter No. E(D&A)70 RG 6-14 dated 15.03.1971 sent to Railways earlier. Sinceinstructions dated 04.02.1971 of DOP have been further modified in some cases in their O.M. No.39/33/72-Estt (A) dated 16.12.1972 and their O.M. No. 11012/7/78 Estt. (A) dated 14.9.1978reiterates that the time limits laid down in their office Memoranda dated 4.2.1971 and16.12.1972 should be scrupulously observed and in no case the Government servants shouldcontinue to be placed under suspension for unduly long periods, it is desired that theinstructions contained in DOP's O.Ms dated 14.9.1978,16.12.1972 and 4.2.1971 may please bebrought to the notice of all concerned, for strict compliance.

Copy of Cabinet Secretariat, Department of Personnel O.M. No. 39/39/79-Estt. (A)dated 4.2.1971

Subject : Suspension - Reduction of time limit fixed for serving charge sheet -suggestion in the meeting of the National Council (JCM) held on 26th September,

1970.

In the Ministry of Home Affairs O.M. No. 221/18/65-AVD, dated the 7th September, 1965, theattention of all disciplinary authorities was drawn to the need for quick disposal of cases ofGovernment servants under suspension and it was desired, in particular, that the investigationsin such cases should be completed and a charge-sheet filed in court, in cases of prosecution, orserved on the Government servant, in cases of departmental proceedings, within six months.The matter was considered further at a meeting of the National Council held on the 27thJanuary, 1971 and in partial modification of the earlier order it has been decided that everyeffort should be made to file the charge-sheet in court or serve the charge-sheet on theGovernment servant, as the case may be, within three months of the date of suspension, and incases in which it may not he possible to do so, the disciplinary authority should report thematter to the next higher authority explaining the reasons for the delay.

I am to add that the information requested for in the Department of Personnal O.M. No.39/39/70-Estt. (A) dated December 14, 1970 will still be required and may please be sent tothe Department of Personnel, as early as possible, if that has not been done already.

The Ministry of Finance etc are requested to bring this to the notice of all disciplinaryauthorities.

Copy of Ministry of Home Affairs/Department of Personnel and AdministrativeReforms O.M. No. 11012/7/78-Estt. (A), dated 14.09.1978.

Subject : Suspension of Government employees - Time limit regarding.

The undersigned is directed to say that in this Deportment's Office Memorandum No. 39/39/70-Estt (A) dated the 4th February, 1971, it is provided that every effort should be made to file thecharge-sheet in court or serve the charge-sheet on the Government servant, as the cases maybe, within three months of the date of suspension, and in cases in which it may not be possibleto do so, the disciplinary authority should report the matter to the next higher authorityexplaining the reasons for the delay. It is further provided in this Department's OfficeMemorandum No. 39/33/72-Estt. (A) Dated the 16th December, 1972 that while the OfficeMemorandum of 4th February, 1971 would continue to be operative in regard to cases pendingin courts in respect of the period of suspension pending investigation before the filing of acharge of sheet in the court as also in respect of serving of the charge-sheet on the Government

servant in cases of departmental proceedings, in cases other than those pending in courts, thetotal period of suspension viz. both in respect of investigation and disciplinary proceedings,should not ordinarily exceed six months. In exceptional cases where it is not possible to adhereto this time limit, the disciplinary authority should report the matter to the next higher authorityexplaining the reasons for the delay.

2. In spite of the instructions referred to above, instances have come to notice in whichGovernment servants continued to be under suspension for unduly long periods. Such undulylong suspension while putting the employee concerned to undue hardship, involves payment ofsubsistence allowance without the employee performing any useful service to the Government.It is, therefore, impressed on all the authorities concerned that they should scrupulouslyobserve the time limits laid down in the Office Memoranda referred to in the precedingparagraph and review the cases of suspension to see whether continued suspension in all casesis really necessary. The authorities superior to the disciplinary authorities should also exercise astrict check on cases in which delay has occurred and give appropriate directions to thedisciplinary authorities keeping in view the provisions contained in the aforesaid OfficeMemoranda.

3. Ministry of Finance etc. are requested to bring the contents of this Office Memorandum to thenotice of all authorities under their control for information and appropriate action.

Copy of Cabinet Secretariat, Department of Personnel O.M. No. 39/33/72-Ests (A)dated 16.12.1972.

Subject : Suspension of Government servants - Recommendations of theAdministrative Reforms Commission in their Report on 'Personnel Administration'.

The Administrative Reforms Commission, in their Report on Personnel Administration havemade the following observations in Chapter IX (Conduct and Discipline) of the Report: —

"Officials remain, at present, under suspension for considerably long periods,because of the delays in the decision of their cases. Instructions exist that, as far aspossible, investigation in disciplinary cases should be completed and a charge-sheetfiled in the court of law in cases of prosecution or the memorandum of chargesserved in the case of departmental proceedings, within a period of six months; ifcases are likely to be delayed, the question of revocation of the suspension ordershould be examined. These instructions have not been followed in very many cases,and this indicates a lack of a sense of urgency among those handling the cases.

We recommend that no person should ordinarily be kept under suspension for aperiod of more than three months expect in cases pending in the courts. Ifreinstatement of the officials is considered to be fraught with risk of the evidence ofthe departmental cases being tempered with or the departmental proceedings beinghampered, the official should be transferred to any other place where no such riskexists. Approval of a higher authority should be obtained for keeping officials undersuspension beyond a period of three months."

2. This recommendation has been examined by the Government The Ministry of Home Affairs(now Department of Personnel) Office Memorandum No. 221/18/65-AVD, dated the 7thSeptember, 1965, had already emphasized the need for quick disposal of cases of Governmentservants under suspension and it was desired in particular that the investigation in such casesshould be completed, and a charge-sheet filed in the court in cases of prosecution, or served onthe Government servant, in cases of departmental proceedings, within six months. Theseinstructions were further elaborated in Department of Personnel Office Memorandum No.39/39/70-Estt. (A), dated the 4th February, 1971, as a result of discussion in the NationalCouncil of the Joint Consultative Machinery. It was laid down in these instructions that everyeffort should be made to file the charge-sheet in court or serve the charge-sheet on theGovernment servant, as the case may be, within three months of the date of suspension and incases in which it might not be possible to do so, the disciplinary authority should report thematter to the next higher authority explaining the reasons for the delay.

3. It would thus be observed that Government have already reduced the period of suspensionduring investigation, barring exceptional cases which are to be reported to the higher authority,from six months to three months. It has now been decided that while the orders containedpending in courts in the Office Memorandum of 4th February, 1971 would continue to beoperative in regard to cases pending in courts in respect of the period of suspension pendinginvestigation before the filing of a charge-sheet in the court as also in respect of serving of thecharge-sheet on the Government Servant in cases of departmental proceedings, in cases otherthan those pending in courts the total period of suspension viz., both in respect of investigationand disciplinary proceedings, should not ordinarily exceed six months. In exceptional caseswhere it is not possible to adhere to this time limit, the disciplinary authority should report thematter to the next higher authority, explaining reasons for the delay.

4. This decision may be brought to the notice of all administrative authorities in or under theMinistry of Finance, etc. for information and appropriate action.

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)65 RG 6-44 dated 08/07/1966

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)70 RG 6-14 dated 15/03/1971

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

IREC Vol. II - Chapter 13 - Rule 1342

Subject :- RAILWAY FUNDAMENTAL RULES – PAY AND INCREMENTS - DISMISSAL,REMOVAL AND SUSPENSION - 1342. (F.R.53) Pay during suspension.

1342. (F.R.53) Pay during suspension.

1. A railway Servant under suspension or deemed to have been placed under suspension byan order of the competent authority shall be entitled to the following payment, namely-

a. A subsistence allowance at an amount equal to the leave salary which the Railwayservant would have drawn if he had been on leave on half average pay or on half payand in addition dearness allowance, if admissible, on the basis of such leave salary.

Provided that where the period of suspension exceeds 3 months, the authority whichmade or is deemed to have made the order of suspension shall be competent to varythe amount of subsistence allowance for any period subsequent to the period of thefirst 3 months as follows:

i. the amount of subsistence allowance may be increased by a suitable amount,not exceeding 50 per cent of the subsistence allowance admissible during theperiod of the first three month , if, in the opinion of the said authority, theperiod of suspension has been prolonged for reasons, to be recorded in writing,not directly attributable to the railway servant;

ii. the amount of subsistence allowance may be reduced by a suitable amount notexceeding 50 percent of the subsistence allowance admissible during the periodof the first three months, if, in the opinion of the said authority, the period ofsuspension has been prolonged due to reasons, to be recorded in writing,directly attributable to the railway servant;

iii. the rate of dearness allowance will be based on the increased or, as the casemay be, decreased amount of subsistence allowance admissible under sub-clauses (i) and (ii) above

b. Any other compensatory allowances admissible from time to time on the basis of payof which the railway servant was in receipt on the date of suspension subject to thefulfilment of other conditions laid down for the drawl of such allowances.

2. No payment under sub-rule (1) shall be made unless the railway servant furnishes acertificate that he is not engaged in any other employment business, profession orvocation.

Provided that in the case of a Railway servant dismissed, removed or compulsorily retiredfrom service, who is deemed to have been placed or to continue to be under suspensionfrom the date of such dismissal or removal or compulsory retirement, under sub-rule (3) orsub-rule (4) of rule 5 of Railway Servants (Discipline and Appeal) Rules 1968, and whofails to produce such a certificate for any period or periods during which he is deemed to beplaced or to continue to be under suspension, he shall be entitled to the subsistenceallowance and other allowances equal to the subsistence allowance and other allowancesequal to the amount by which his earnings during such period or periods as the case maybe, fall short of the amount of subsistence allowance and other allowances that wouldotherwise be admissible to him where the subsistence and other allowances admissible tohim are equal to or less than the amount earned by him, nothing in this proviso shall applyto him.

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(RAILWAY BOARD)

No. F(E)66 SPN/1/1 dated 21/08/1966

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)67 RG 6-5 dated 11/12/1967

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. F(E)49-SPN/1 dated 17/05/1957

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. F(E)60-SPN-(3)1 dated 16/12/1960

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)81 RG 6-22 dated 18/08/1981

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(RAILWAY BOARD)

IREC Vol. II - Chapter 13 - Rule 1345

Subject :- RAILWAY FUNDAMENTAL RULES – PAY AND INCREMENTS - DISMISSAL,REMOVAL AND SUSPENSION - 1345.

1345.

1. When a railway servant who has been suspended is reinstated or would have been soreinstated but for his retirement (including premature retirement) while undersuspension,) the authority competent to order reinstatement shall consider and make aspecific order—

a. regarding the pay and allowances to be paid to the railway servant for the period ofsuspension ending with reinstatement or [the date of his retirement (includingpremature retirement),] as the case may be; and

b. Whether or not the said period shall be treated as a period spent on duty.2. Notwithstanding anything contained in Rule 1343 where a railway servant under

suspension dies before the disciplinary or the court proceeding instituted against him areconcluded, the period between the date of suspension and the date of death shall betreated as duty for all purposes and his family shall be paid the full pay and allowances forthat period to which he would have been entitled had he not been suspended, subject toadjustment in respect of subsistence allowance already paid.

3. Where the authority competent to order reinstatement is of the opinion that thesuspension was wholly unjustified, the railway servant shall, subject to the provisions ofsub-rule (8) be paid the full pay and allowances to which he would have been entitled, hadhe not been suspended:

Provided that where such authority is of the opinion that the termination of theproceedings instituted against the railway servant had been delayed due to reasonsdirectly attributable to the Government servant, it may, after giving him an opportunity tomake his representation within sixty days from the date on which the communication inthis regard is served on him and after considering the representation, if any, submitted byhim, direct, for reasons to be recorded in writing, that the railway servant shall be paid forthe period of such delay only such amount (not being the whole) of such pay andallowances as it may determine.

4. In a case falling under sub-rule (3) the period of suspension shall be treated as a periodspent on duty for all purposes.

5. In cases other than those falling under sub-rules (2) and (3) the railway servant shall,subject to the provisions of sub-rules (8) and (9) be paid such amount (not being thewhole) of the pay and allowances to which he would have been entitled had he not beensuspended, as the competent authority may determine, after giving notice to the railwaysavant of the quantum proposed and after considering the representation, if any,submitted by him in that connection within such period (which in no case shall exceedsixty days from the date on which the notice has been served) as may be specified in thenotice.

6. Where suspension is revoked pending finalisation of the disciplinary or the courtproceedings, any order passed under sub-rule (1) before the conclusion of the proceedingsagainst the railway servant, shall be reviewed on its own motion after the conclusion of theproceedings by the authority mentioned in sub-rule (1) who shall make an order accordingto the provisions of sub-rule (3) or sub-rule (5),as the case may be.

7. In a case falling under sub-rule (5), the period of suspension shall not be treated as aperiod spent on duty unless the competent authority specifically directs that it shall be sotreated for any specified purpose:

Provided that if the railway servant so desires such authority may order that the period ofsuspension shall be converted into leave of any kind due and admissible to the Governmentservant.

NOTE: - The order of the competent authority under the preceding proviso shall beabsolute and no higher sanction shall be necessary for the grant of –

a. extraordinary leave in excess of three months in the case of temporary railwayservant; and

b. leave of any kind in excess of five years in the case of permanent or quasi-permanentrailway servant.

8. The payment of allowances under sub-rule (2), sub-rule (3) or sub-rule (5) shall besubject to all other conditions under which such allowances are admissible.

9. The amount determined under the proviso to sub-rule (3) or under sub-rule(5) shall not beless than the subsistence allowance and other allowances admissible under Rule 1342.

Government of India's Orders

1. F.R. 54 absolute.--A Government servant was dismissed from service on the 8th March,1927, and, on appeal, was reinstated with effect from the 27th October, 1927.Theappellate authority declared, under F.R. 54, that the period of unemployment between thedates of dismissal and reinstatement should be treated as spent on duty and allowed tocount for leave and increments. As there was no post against which the lien of theGovernment servant could be shown for the period of dismissal, the question arosewhether in the absence of lien on a permanent post the period of unemployment couldcount for leave or increments. It was decided that F.R. 54 is absolute and unconditionaland that it could not be absolute if the condition of "lien" had first to be satisfied.

(G.I., F.D. No. F/28-F.I/28, dated the 5th April, 1928.)

2. When suspension regularized as leave consequential recovery inescapable.--A questionhaving arisen whether in case where the period of suspension is ordered to be treated asone spent on leave and when on conversion it is found that the greater part of the period isto be treated as extraordinary leave for which no leave salary is admissible, the recovery ofthe subsistence allowance already paid would be in order. The moment the period ofsuspension is converted into leave it has the effect of vacating the order of suspension andit will be deemed not to have been passed at all. Therefore, if it is found that the totalamount of subsistence and compensatory allowances that an officer received during theperiod of suspension exceeds the amount of leave salary and allowances, the excess willhave to be refunded and there is no escape from this conclusion.

(G.I., M.F.,U.O., No.3409-E.IV/53, dated the 25th April, 1953, U.O. No. 320-E.IV/54 datedthe 22nd February, 1954 to the Communications Division and M.F., (C's) U.O.No. 1681-C.II/54 dated the 2nd March, 1954.)

3. Treatment of period of absence and payment thereof.--The Government of India haveconveyed the following clarifications in regard to certain points which have been raised inconnection with the application of F.R. 54, 54-A and 54-B.

1. The decision of the competent authority under F.R. 54, 54-A and 54-B is in respect oftwo separate and independent matters, viz.,

a. pay and allowances for the period of absence, andb. whether or not the period of absence should be treated as duty.

It is not necessary that the decision on (a) above should depend upon the decision on(b) above. The competent authority has the discretion to pay the proportionate payand allowances and treat the period as duty for any specified purpose(s) or only topay the proportionate pay and allowances. It has no discretion to pay full pay andallowances when the period is treated as "non-duty". If no order is passed directingthat the period of absence be treated as duty for any specified purpose the period ofabsence should be treated as 'non-duty'. In such event, the past service (i.e.) servicerendered before dismissal, removal, compulsory retirement or suspension will not beforfeited.

2. As Fundamental Rule 54 is absolute the law of limitation need not be invoked at thetime of paying the arrears of pay and allowances for the period from the date ofdismissal/ removal/compulsory retirement/suspension to the date of reinstatementin respect of all cases where the pay and allowances are regulated on reinstatementin accordance with the provisions contained in F.R. 54, F.R. 54-A and F.R. 54-B withthe exception of those covered under sub-rule (4) of F.R.54 and sub-rule (2) (i) ofF.R. 54-A.

(G.I., O.M. No. 15(14)E.IV(59), dated the 25th May,1962 and the 9th August, 1962read with provisions of F.R. 54, 54-A and 54-B.)

4. Regulation of pay on reinstatement on grounds of equity or court judgment, etc.–1. The following questions in connection with the reinstatement of dismissed/ removed/

discharged Government servants or the Government servants whose service had beenterminated, came up for consideration:

1. Whether before the Government of India decide to reinstate an individual on

grounds of equity, concurrence of the Ministry of finance should be obtained forpayment of pay and allowances for the intervening period; or whether theadministrative authorities, could themselves, after following the prescribedprocedure, e.g. consultation with the Union Public Service Commission etc.,reinstate the person and sanction payment of pay and allowances under F.R.54.

2. Whether in cases of reinstatement on the ground of dismissal/ removal/discharge from or termination of service being held by a court of law or by anappellate/ reviewing authority to have been made without following theprocedure required under Article 311 of the Constitution, payment of full payand allowances for the intervening period is automatic and compulsory.

2. As regards question (1) above, it has been decided that the concurrence of theMinistry of Finance will not be necessary for reinstating a Government servant if theauthority, which reinstates the Government servant, is competent to appoint him. Thequestion as to what pay and allowances should be allowed for the intervening periodand whether or not the period should be treated as duty, will be deal with under F.R.54.

3. Regarding question (2) stated in para 1 above, it has been decided that F.R. 54 isinapplicable in cases where dismissal/ removal/ discharge from or termination ofservice is held by a court or law or by an appellate/reviewing authority to have beenwithout following the procedure required under Article 311 of the Constitution. Insuch cases--

i. if it is decided to hold a further inquiry and thus deem the Government servantto have been placed under suspension from the date of dismissal/ removal/discharge/ termination under Rule 12 (3) or 12 (4) of Central Civil Services(Classification, Control and Appeal) Rules, 1957 or a corresponding rule, theGovernment servant will be paid the subsistence allowance from the date he isdeemed to have placed under suspension;

ii. if the Government servant is not "deemed" to have been under suspension asenvisaged under (i) above, the payment of full pay and allowances for theintervening period and treatment of that period as duty for all purposes will beautomatic and compulsory, provided that-

a. the arrears should be paid subject to law of limitation;b. Where the reinstated Government servant has secured employment during

any period between the dismissal/ removal/ discharge/ termination andreinstatement, the pay and allowances admissible to him afterreinstatement for the intervening period shall be reduced by theemoluments earned by him during such employment if such pay andallowances exceed such emoluments. If the pay and allowancesadmissible to him are equal to or less than the emoluments earned by himnothing shall be paid to him: provided that the amount to be paid under (i)and (ii) above will be determined subject to the directions, if any, in thedecree of the court regarding arrears of salary.

4. As the termination of service of a Government servant without following theprocedure laid down in the Central Civil Service (Classification, Control and Appeal)Rules, the Central Civil Services (Temporary service) Rules, the C.S.R. or the terms ofhis appointment, etc., results in the payment of arrears by way of pay andallowances, the need for meticulously observing the "proper procedure" in such casesis once again impressed on all concerned.

5. In all cases where the circumstances leading to a Government servant'sreinstatement reveal that the authority which terminated his services, either willfully,did not observe, or through gross negligence failed to observe the 'proper procedure'as explained above, before terminating his service, proceedings should be institutedagainst such authority under Rule 16 of the Central Civil Services (Classification,Control and Appeal) Rules, and the question of recovering from such authority thewhole or part of the pecuniary loss arising from the reinstatement of the Governmentservant should be considered.

(G.I., M.H.A., O.M. No. F.2/9/59-Ests. (A) dated the 27th May, 1961 and the 30 theMay, 1962. )

6. Suspension treated as "dies-non" not reckoned as service:-- It has been decided inconsultation with the Comptroller and Auditor-General that the period of suspensionof a Government servant, which is treated as dies-non, should not be reckoned as'service' for the purpose of any of these rules.

(G.I., M.F., Endorsement No. F.7 (41)-Est. IV/53 dated the 18th July, 1953 and U.O.No. 1824/E.IV/54, dated the 23rd February, 1954 to the A.G., P&T.)

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RBE No. 57/1986

No. E(D&A)86 RG 6-19 dated 21/03/1986

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No. F(E)52-SPN/(1) dated 29/02/1960

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)66 RG 6-7 dated 05/09/1970

Subject :-

Appointment of Presenting Officer - 'nomination/ nominate(s)' wherever appearing in the saidform may be replaced by the word 'appointment/appoints)' vide Railway Board's letter No.E(D&A)91 RG 6-71 dated 4.2.1992 (RBE 19/1992).

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)70 RG 6-58 dated 18/11/1970

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)66 RG 6-7 dated 07/09/1970

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)83 RG 6-17 dated 31/05/1983

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

SCHEDULE VII

Subject :- 19. Railway servants under suspension.

Category Conditions of entitlement Entitlement/Facilities1 2 3 (19) Railway servants under suspension.

i. Passes/PTOs may be granted toRailway servants under suspensionin exceptional circumstances andnot as a matter of course when theRailway Servant is permitted toleave the station by an authoritynot lower than that whichsuspended him.

ii. The Passes/PTOs to railwayservants under suspension aregiven on the following scales:Group Passes PTOs.A & B 3 sets

providedthat if in thepass accountof the Officerfor the yearmore thanhalf thenumber dueto him hasbeen availedof, nofurther passshall begiven. If theofficer issubsequentlyretained inservice afterrelease fromsuspension,the passesissued to himduring theperiod ofsuspensionfalling withinthe currentcalendaryear shall bedebited tohis passaccount.

Not morethan 2 setsper year.Otherstipulationssimilar tothose forpassesshall alsoapply

C & D Not morethan one setof Pass,providedthat if in thepass accountof railwayservant forthe year only

Not morethan 2 setsper year.Otherstipulationssimilar tothose forpassesshall also

one set ofpass remainto his credit,no pass canbe issued. Ifthe railwayservant isretained inservice afterrelease fromsuspensionthe passesissued to himduring theperiod ofsuspensionfalling withinthe currentcalendaryear shall bedebited tohis passaccount.

apply.

iii. The General Manager in case ofGroup A & B and the Head ofDepartment, Divisional RailwayManager or Deputy Heads ofDepartment in case of others shallhave the discretion to issuepasses/PTOs to railway servantsunder suspension.

iv. The incidence of suspension shallnot affect the eligibility for schoolpasses.

v. Dependant relatives/familymembers may be included in thepasses issued during thesuspension.

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(NG)II/70/RG/1 dated 24/06/1972

Subject :- Resignation from service-procedure in respect of.

Reference Railway Board's letter No. E(NG)/64/RG1/36 dated 26.10.1966 under which theMinistry of Home Affairs O.M. No. 39/6/57-Estt(A) dated 06.05.1958 was forwarded andBoard's clarifications contained in their letters No. E(NG)64/RE 1/36 dated 20.11.1967 andE(NG)/64/RE1/36 dated 15.01.1968.

2. It has inter alia been provided in para 1(b) (ii) of the Ministry of Home Affairs O.M. referred toabove that as officers are placed under suspension only in cases of grave delinquency, it wouldnot be correct to accept resignation from an officer under suspension except where the allegedoffences do not involve moral turpitude or where the evidence against the delinquent officer isnot strong enough to justify the assumption that if the departmental proceedings werecontinued, the officer would be removed or dismissed from service or where the departmentalproceedings are likely to be so protracted that it would be cheaper to the public exchequer toaccept the resignation.

3. The Estimates Committee in their 87th Report (Fourth Lok Sabha) on the Ministry of ForeignTrade have recommended inter alia that where investigations, whether preliminary or regular,are pending against a Government employee, he should not be allowed to resign till he is clearedof the charges.

4. The Board have considered the above recommendation and have decided that in case aRailway servant against whom an enquiry or investigation is pending (whether he has beenplaced under suspension or not) submits his resignation, such resignation should not normallybe accepted. Where, however, the acceptance of resignation in such a case is considerednecessary in the public interest, because one or more of the conditions laid down in paragraph 2above, are fulfilled, the resignation may be accepted with the prior approval of the authoritycompetent to dismiss the Railway servant concerned as already provided in Rule 150 (1)-RI.

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(NG)65/RG1/36 dated 26/10/1966

Subject :- Resignation from service - Procedure in respect of.

A copy of Ministry of Home Affairs O.M. No. 39/6/57-Ests(A), dated 06.05.1958 is sent herewithfor information and guidance. Instructions contained therein apply mutatis mutandis to allRailway servants.

Copy of Ministry of Home Affairs Memorandum No. 39/6/1957-Ests(A) dated06.05.1958

Subject: Resignation from service - Procedure in respect of.

Questions have been raised from time to time regarding the authority competent to accept aresignation, the circumstances under which resignation should be accepted, the date when aresignation becomes effective, and the authority competent to permit a Government servant towithdraw a resignation, which he has already tendered. The following instructions are,therefore, issued for information and guidance of all Ministries: —

a. Authority competent to accept resignation: The appointing authority in respect of theservice or post in question is the authority competent to accept the resignation of theGovernment servant.

b. Circumstances under which resignation should be accepted: It is not in the interest of theGovernment to retain an unwilling officer in service. The General rule, therefore, is that aresignation from service should be accepted except in the circumstances indicated below:

i. where the officer concerned is engaged on work of importance and it would take timeto make alternative arrangements for filling the post, the resignation should not beaccepted straight away, but only when alternative arrangements for filling the posthave been made.

ii. where a Government servant who is under suspension submits a resignation, thecompetent authority should examine with reference to the merits of the disciplinarycase pending against the Government servant, whether it would be in the publicinterest to accept the resignation. Normally as officers are placed under suspensiononly in cases of grave delinquency, it would not be correct to accept a resignationfrom an officer under suspension. Exceptions to this rule would be where the allegedoffences do not involve moral turpitude or where the quantum of evidence againstthe accused officer is not strong enough to justify the assumption that if thedepartmental proceedings were continued, the officer would be removed or dismissedfrom service, or where the departmental proceedings are likely to be so protectedthat it would be cheaper to the public exchequer to accept the resignation.

c. Date when a resignation becomes effective: The competent authority should decide thedate with effect from which the resignation should become effective. In cases covered by(b) (i) above, the date should be that with effect from the alternative arrangements can bemade from filling the post. Where an officer is on leave, the competent authority shoulddecide whether he will accept the resignation with immediate effect or with effect from thedate following the termination of the leave. Where a period of notice is prescribed which aGovernment servant should give when he wishes to resign from service, the competentauthority may decide to count the period of leave towards the notice period. In other casesalso, it is open to the competent authority to decide whether the resignation shouldbecome affective immediately or with effect from some prospective date. In the lattercase, the date should be specified.

d. Authority competent to permit withdrawal of resignation: A resignation becomes effectivewhen it is accepted and the officer is relieved of his duties. Where a resignation has notbecome effective and the officer wishes to withdraw it, it is open to the authority whichaccepted the resignation either to permit the officer to withdraw the resignation or torefuse the request for such withdrawal. Where, however, a resignation has becomeeffective, the officer is no longer in Government service and acceptance of the requestafter condoning the period of break, as this would involve financial commitments,concurrence of the Ministry of Finance should be obtained before a request for withdrawalof resignation which has already become effective is accepted.

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(NG)64 RE 1/36 dated 20/11/1967

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(NG)64 RE 1/36 dated 15/01/1968

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)70 RG 6-66 dated 30/09/1970

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)65 RG 6-54 dated 18/08/1966

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

No. E(D&A)74 RG 6-31 dated 11/11/1974

Subject :-

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

DAR - Rule 17

Subject :- THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968 -PART V

APPEALS 17. Orders against which no appeal lies

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

disciplinary proceedings, other than an order of suspension;iii. any order passed by an inquiring authority in the course of an inquiry under rule 9.

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GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

DAR - Rule 18

Subject :- THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968 -PART V

APPEALS 18. Orders against which appeal lies

18. Orders against which appeal lies.-

Subject to the provisions of Rule 17, a Railway Servant may prefer an appeal against all or anyof 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 any 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 Fundbenefits, service gratuity or other conditions of service as regulated by rules or byagreement; 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 hisunfitness 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 tohim under the rules, if he is a pensionable Railway servant;

d. reducing or withholding the Government contribution to Provident Fund and specialContribution to Provident Fund or Gratuity admissible to him under the State RailwayProvident Fund Rules and Gratuity Rules, if he is a non-pensionable Railway servant;

e. determining the subsistence and other allowance to be paid to him for the period ofsuspension or for the period during which he is deemed to be under suspension or forany 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 the

date of his dismissal, removal or compulsory retirement to the date of hisreinstatement 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 inRailway service;

ii. the expression "pension" includes additional pension, gratuity and any otherretirement benefit.