Introduction
Discipline &Appeal Rules
and mind
Educate/coach/motivate
Apply full logical the staff in the areas
before
Annual
ofIf no
their Confidential
scope of
working Reports
improvement
and update or involved
going
D&AR
THEREfor the
should D&AR
SHOULD be the
NOTlasttheir
[Link] skills.
ANY
in aare
No the most
serious
Warn/written case
remedy
remedy
SITUATIONto
effective
come
displeasure
ONCE
should to
be
control
OF
tools
a
to
AGAIN
left
the
GOING
totired
logical
be
but
staff conclusion
for
FOR inAthe
control
After full
GO the
normal subordinates
APPLICATION
THROUGH situations
THE OF MIND
RULES
DAR ACTION D&AR
resorting to IN HURRY action WITHOUT
ABOUT APPLICATION
MINOR OR MAJOR
IF NOT SOOF SURE PENALTY
MIND
Rule 11
PROCEDURE FOR IMPOSING MINOR PENALTIES
INFORM IN WRITING OF INTENTION TO
TAKEHOLD INQUIRY
ACTION. AS PER RULE
STATEMENT OF 9(6) TO (25)
IMPUTTIONS
REASONABLE
IN CASERECORD
D.A. OPPORTUNITY
IS FINDINGS
OF THE ONOFEACH
OPINION MAKING
THAT
OF MIS-CONDUCT OF
In case punishment MIS-BEHAVIOUR
withholding
REPRESENTATION of increments
Take decision
Wherever
IMPUTATIONS
INQUIRY by
IS passing
needed
OF reasoned
consult
MIS-CONDUCT
NECESSARY speaking
TO BE MADE AVAILABLE
(1)with cumulative effect, (2) for a period more
orderOR
giving
(use basis
SFUPSCfor the findings of the
MISBEHAVIOUR
11/b)
than 3 years and (3) adversely affecting pension
Disciplinary authority in respect of
DAR inquiry – sub rules (6) – 25 of Rule 9
each charges
MINOR PENALTIES
(iii) Recovery from pay of the whole or part of any
(iii-b) (i)Censure
(ii)reduction
Withholding
pecuniary
(iv) loss
Withholding to
(iii-a)ofWithholding
Railway payafor a
a of promotion
lower
caused
of to stage
the
increments
of the
specified
period
administration period
not
in
of
Privilege
for
thefor
Government
pay
exceeding
by negligence
time
Passesa scale
or
specified
oryears,
three
or breach
period with further
Privilege Ticket direction
Orders asboth;
or to whether on the
without
expiry cumulative
of such of effect
ordersthis
period, and
will or not
will adversely
not have the
affecting the
effect of postponing his pension
future increments of pay
MAJOR PENALTIES
(vi)Save
(v) Reduction to a lower
as provided for intime scale
clause of pay,
(iii-b),
grade, post,to
reduction oraservice, with in
lower stage or the
without further
time-scale
directions regarding conditions of restoration
further to
Compulsory
of pay for a specified period, with
the(viii)
(ix)REMOVAL
grade
directions
(vii) or
as post
to whether
Dismissal from
or from
service
on service
from
the
service which
which
expiry
which shall
the
ofshall
such not
Railway
period, be a disqualification
servant
this was
will
ordinarily a reduced
behave for
or notand future
have
disqualificationhisthefor
seniority
effect
retirement;
ofemployment
and pay
postponing
Future
to that
Government
under
on
the such
employment
or grade,
Railway
ofofpay
the
future government
restoration
increments
under
administration
post of service;
Railway
the
administration
Rule No.1
Short time and commencement
(1) These rules may be called
THE RAILWAY SERVANTS (Discipline &
Appeal) RULES 1968
(2) THEY SHALL COME INTO FORCE ON THE
1ST DAY OF OCTOBER, 1968
AMENDMENTS HAVE BEEN MADE FROM TIME TO TIME
LAST BEING NO.E(D&A)2001 RG6-29 DATED 31-10-01 GSR/617 DT 24/11/01
RULE NO.2 DEFINITIONS
APPOINTING AUTHORITY
DISCIPLINARY
AUTHORITY AUTHORITY
EMPOWEREDTO MAKE APPOINTMENT
AUTHORITY TO THE GRADE OR SERVICE
COMPETENT TO IMPOSE ; ORTHE PENALTY
AUTHORITY
Authority competentCommission
WHICHHead APPOINTED
of the
to impose means
TO THE
Department
any of the GRADE,
penalties as POST
specified
OR 6SERVICE
in rule on gazetted officers
Union
WHICHEVER Service
Non-gazetted
Public
AUTHORITY Service
staff inmeans
relation a
ISto
HIGHEST
rule
Commission
service under
authoritiesthe
AUTHORITY
9 those who
(if no proof regarding SCHEDULE means a schedule
Railway Servants
Is competent to impose any oforthe
“D”major penalties
Ministry
appointment
Non-gazetted staffappended
of a Group
of
“C”
Railways
employee
to 11these
appointing authority)
in relation to rule
GM becomes
rules who
those authorities
is competent to impose any of the minor penalties
Rule 3 - APPLICATION
APPLIES TO ALL RAILWAY SERVANTS
ANY MEMBER
PRESIDENT OF
EX
RPF C ALL
E P TINDIA SERVICE
EMPOWERED
PERSONNEL TO EXCLUDE
ANY
ANYANY PERSON
PERSON FOR
ON CASUAL
RAILWAY WHOM SPECIAL
EMPLOYMENT
SERVANT FROM THE
PROVISIONS
OPERATION OF ALL OR EXISTS
ANY OF THESE
RULES
RULE NO.4
AUTHORITIES COMPETENT TO PLACE
RLY. EMPLOYEES UNDER SUSPENSION
SPECIFIED
SUCH IN SCHEDULES
AUTHORITY
EXCEPTIONAL I, II andREPORT
FORTHWITH
CIRCUMSTANCES IIIANY
REPORT TO
AUTHORITY THE AUTHORITY
SPEFICIED
SUSPENSION :COMPETENT
IN ANYOF
: USE S.F. 1 THE
COMPETENT AUTHORITY SHALL BE
TO SCHEDULES
PLACE
DEEMEDSUCH RAILWAY
MAY PLACE
SUSPENSION: SERVANTS
ANY: SF-2
USE
DETERMINED WITH REFRENCE TO
UNDER SUSPENSION,
SUBRODINATE
CERTIFICATE CIRCUMSTANCES
RAILWAY
FROM SERVANTS
OFFICIATING POST AT SUSPENDED
THE TIME OF
IN WHICH
SPEFICIED
RAILWAYORDER
THERE WAS MADE
IN UNDER
EMPLOYEE: : AND
SUSPENSION
USE SF-4
TAKING ACTION ON RLY. SERVANT
OBTAIN HIS APPROVAL
REVOCATION: USE : SF-4
SUSPENSION
WHAT IS SUSPENSION ?
WHY DO WE SUSPEND AN EMPLOYEE ?
SUSPENSION may BE RESORTED TO
ONLY ON THE FOLLOWING GROUNDS :-
* WHEN DISCIPLINARY PROCEEDING
IS CONTEMPLATED OR PENDING.
* INVOLVED IN ACTIVITIES THAT ARE
PREJUDICIAL TO THE SECURITY
OF THE STATE.
* INVESTIGATION OR UNDER TRIAL
FOR AN CRIMINAL OFFENCE.
ORDERS EFFECTIVE after ACKNOWLEDGEMENT
DEEMED SUSPENSION
WHAT IS DEEMED SUSPENSION ?
IS IT DIFFERENT FROM SUSPENSION ?
DEEMED SUSPENSION RESORTED TO IF :
- IN CUSTODY FOR A PERIOD BEYOND 48 HRS.
- CONVICTED/IMPRISIONED BEYOND 48 HRS.
- REINSTATED on APPEAL, REVISION, REVIEW OR BY
ORDERS OF CAT OR COURT
BOARDS LETTER NO; E(D&A)85RG 6-15 OF 16.4.85 AND
E(D&A)86 6-19 OF 21.3.86 VERY CLEARLY SAYS THAT
SUSPENSION SHOULD BE FOLLOWED BY A MAJOR
PENALTY OTHERWISE THE ENTIRE PERIOD IS TO BE
TREATED AS DUTY FOR ALL PURPOSE.
ENTITLEMENTS DURING
SUSPENSION
• SUBSISTENCE ALLOWANCE.
• REVIEW (1ST AFTER 3 MTHS).
• D.A. ON SUBSISTENCE ALLOWANCES.
• PASSES - 1/2 Numbers FOR GAZ.
and 1 TO N.G., IF NOT AVAILED. SUB .
ALLOWANCES
• P.L.B. - PAYABLE ON RESUMPTION.
• MEDICAL FACILITIES INDOOR AS WELL
AS OUTDOOR.
• CAN ACT AS DEFENSE COUNSEL.
• CAN BE ELECTED AS OFFICE BEARER OF A UNION.
• CALL FOR SELECTIONS/ TR ADE TEST NON-
SELECTIONS - RESULTS - SEALED COVER
• CAN LEAVE HQRTS - WRITTEN PERMISSION
• NO TYPE OF LEAVE TO BE GRANTED
SUBSISTENCE ALLOWANCE
SURVIVAL
EQUAL TO HLAP
DEDUCTIONS
MINIMUM
COMPULSORY
OPTIONA L
NON-DEDUCTABLE
.
OVERPAYMENTS - DISCRETIONARY
REPORT TO DUTY ONLY AFTER ISSUING SPECIFIC
REVOCATION ORDERS - FORM NO:- 4
Rule No.7 – Disciplinary authorities
Rule No.8 – Authority to institute proceedings
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
Before issuing a CHARGESHEET ensure you are
in possession of
WO RD S
ITNESSFFENDER
OCUMENTS
ULES VIOLATED
RELIED
TATEMENTS OF
ALL
UPON
WITNESS
THE 4 ANNEXURES OF A CHARGESHEET ARE
Statement of Article of charges
Statement of imputations of misconduct
or misbehaviour(mention any admissions)
LIST OF RELIED UPON DOCUMENTS
LIST OF WITNESS
SIGN EACH AND EVERY
PAGE ATTACHED TO THE CHARGESHEET
FRAMING OF CHARGESHEET
LANGUAGE (C.S.P.F.)
RULES OR ORDERS VIOLATED
SEPARATE CHARGES
AVOID TO INCLUDE MATTER DECIDED
CORRECT NAME AND DESIG.
OF CHARGED OFFICER AND
DISCIPLINARY AUTHORITY
Charge sheet can be prepared in Hindi or
English
Rule No.9
Procedure for imposing MAJOR PENALTIES
Give 10 days time to C.O. for submission of defence.
1. DA
If the authenticated inquire
Rule
CO can into
No.9
copies and
demand the
10 charges
of RUDs fornot supplied with
If(1)
the charge 2. Appoint
theWitnesses
charges
sheet to Board
are
allow and
admitted
be
C.O. toofperuse
examined Inquiry
at the
fromdefence
within 10stage
his side
days
(Senior
Public
If partly
Disciplinary
Of receipt
(2) member
Servants
Further
of convinced
chargeto to beabout
record
documents
sheet Presiding
(Inquiries)
findings
and to10beAct
more officer,
of1850.
innocence
each
examined
daysand partly
charge,
time for
If
None convinced
shall drop the charges and intimate within
Can not
submission take
(COofbe
either subordinate
gotoahead
further
defence.
has indicate
CanNo
tothe
with
evidences,take
1 month
another
Inquiry
if member)
or Inflict
circumstances
assistance
defencerelevancy/ of any
Asstt.
3.
MINOR
Warrants.
Railway Appoint
Employee Appoint
an
PENALTY
DealOrder
custodian at
of Inquiring
IO
further
this –asstandard
not
documents)
stage perauthority
attracting
rule
itself form
No.10No.7
provisions
ex-parte Inquiry
Appoint
of sub-rule (2)PO (Optional)
of Rule No.11 – [Link] No.8
INQUIRY
LETTER TO C.O.- ATTEND WITH D.C. C/- WITNESS,
C.O., D.A - ONLY 2 POSTPONMENTS. GIVE D.P.T
MAKE C.O. FEEL AT EASE - 5 COPIES OF D -D-P
SIGNED BY C.O., I.O. & D/C AND P.O, IF ANY
INFORM D.A ABOUT PROGRESS OF THE CASE.
POINT OUT REPLIES GOING AGAINST CHARGED
OFFICERFINDINGS
SUBMIT BEFORE CONCLUDING
- 3 COPIES ( 2-THE INQUIRY
D.A 1- O.C.) - .
INCLUDE ADDITIONAL CHARGE ONLY IF
OPORTUNITY GIVEN TO DEFEND that CHARGE
PROCEDURE FOR CONDUCT OF
P.A.
INQUIRY I.O
WITNESS D.C
C.O
PRELIMINARY INQ. I.O. TO C.O 5 QUESTIONS - EXHIBITS PW/PD
EXAMINATION-IN-CHIEF I.O TO WITNESS - SHOW s STATEMENT
AND INTRODUCE DOCUMENTS as EXHIBITS SAY IN OWN WORDS.
REQUESTS FOR ADDLITIONAL DOCUMENTS OR WITNESSES TO BE CONSIDERED IF
RELEVANT OR REFUSE ON FORM 6
X’EXAMINATION CO/DC TO WITNESS
I.O. TO NOTE ANSWERS FOR AND AGAINST
RE-EXAMINATION , IF ANY
INQUIRY NOT NECESSARY - when ?
1. CHARGES ADMITTED - WITH OUT QUALIFICATION
2. ON CONVICTION ON A CRIMINAL CHARGE - 14 (i)
3. WHERE D.A. IS SATISFIED THAT
- IT IS NOT REASONABLY PRACTICAL TO HOLD INQUIRY
- REASONS TO BE RECORDED - 14 (ii)
4. WHERE PRESIDENT IS SATISFIED THAT
- IN THE INTEREST OF SECURITY OF STATE, IT IS NOT
EXPEDIENT TO HOLD AN INQUIRY - 14 (iii)
DIALATORY TACTICS BY C.O. & D.C.
1. REP. AGAINST BIAS - SUBMIT TO Revisionery Authority.
2. NON-AVAILABILITY OF D.C. IN PRE.
- DEFENCE WILL NOT BE PREJUDICED
3. NOT GIVING PARTICULARS / DOCUMENTS FOR INSP.
- INSIST ON FULL PARTICULARS AND RELEVANCE
4. GIVING NAME OF D.C. WITH OUT ACCEPTANCE CERT.
- INSIST ON CERTIFICATE
5. ASKING FOR ADJOURNMENTS ON FILMSY GROUNDS
- BE REASONABLE BUT FIRM
6. DELAY in submitting WRITTEN BRIEFS
- STICK TO PRESCRIBED DATE
7. RESORT TO COURT PROCEEDINGS
- PROCEEDINGS TO BE STAYED ONLY ON STAY by Court/CAT
8. GROUNDS OF ILLNESS
- VERIFICATION OF GENUINENESS
9. NON ATTENDANCE OF D.C.
- REASONABLE LIMITS BUT NOT FOR CONVENIENCE