Introduction

Discipline &Appeal Rules and Educate/coach/motivatemind beforethe areas Apply full logical the staff in Iftheir working and update their skills. no scope should be Reports involved ofAnnual Confidential theoption. ANY going for SHOULD NOTor D&AR of improvement BE THERE the D&AR last are the mostshould be AGAIN for in the in a serious casecontrolto tools to FOR A Warn/written to effectivethe logical conclusion ONCE to but No SITUATION OF GOING remedy come a staff remedy displeasureleftbe tired controlnormal situations OF MIND After ACTION D&AR THEWITHOUT full the subordinates THROUGH action resorting to IN HURRY RULES DAR GOAPPLICATION ABOUT APPLICATION OF MIND MINOR NOTMAJOR PENALTY IF OR SO SURE

Rule 11
PROCEDURE FOR IMPOSING MINOR PENALTIES

INFORM IN WRITING OF INTENTION TO HOLD INQUIRY AS PER OF IMPUTTIONS TAKE ACTION. STATEMENTRULE 9(6) TO (25) REASONABLE OPPORTUNITY OF MAKING RECORD OF THE OPINION increments IN In case D.A. ISFINDINGS ON EACH CASE punishment MIS-BEHAVIOUR OF MIS-CONDUCT OF withholding of THAT REPRESENTATION Take decision IS OF MIS-CONDUCT passing reasoned Wherever NECESSARY needed consult speaking IMPUTATIONSAVAILABLE a period more INQUIRY byeffect, (2) for TO cumulative MADE (1)withBE giving basis for the findings of the order (use SF 11/b) OR MISBEHAVIOUR than 3 years and (3)UPSC adversely affecting of Disciplinary authority in respectpension DAR inquiry sub rules (6) 25 of Rule 9 each charges

MINOR PENALTIES

(iii) Recovery from pay of the whole or part of any (ii) Withholding lower stage in the of (iii-b) reduction caused promotion for timeor pecuniary loss to aincrements of pay for a specified to Privilege Passes scale (iv) Withholding of of the the Government or (iii-a)of payafor a period not exceeding three years, Withholding specified period Railway administrationOrders or both; or breach the period with further direction as to whether on Privilege Ticket by negligence adversely without cumulativethis and will expiry of such of orders will or not not have the period, effect affecting the future increments of pay effect of postponing his pension

(i)Censure

MAJOR PENALTIES
(vi) Reduction to a lower time scale of pay, (v) Save as provided for in clause (iii-b), grade, post,to aservice,stage in the time-scale reduction or lower with or without further directions regarding conditions with further to of pay for a specified period, of restoration the(viii) REMOVALservice the expiry ofthe grade or post or from servicewhich shall directionsDismissal from service which shall (vii) as to whether on from which (ix) not this will have or not have the Railway servant was reduced for his for such period,be a disqualification and future ordinarily be a disqualification seniority and pay on future under the effect ofemployment the such restoration postponing under the increments Future employment government or Railway administration to that grade,pay of Railway administration Government ofpost of service;

Compulsory retirement;

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 AUTHORITY EMPOWEREDTO MAKE APPOINTMENT DISCIPLINARY AUTHORITY

TO THE GRADE OR TO IMPOSE THE PENALTY AUTHORITY COMPETENTSERVICE ; OR AUTHORITY WHICH APPOINTED means GRADE, POST Authority competent to impose anyTO the penalties as specified CommissionDepartment Head of the of THE OR in rule SERVICE Union AUTHORITY ISto rule 9 those under the Public 6 on gazetted officersauthorities who Service Commission WHICHEVER staff in relation a service Service means HIGHEST AUTHORITY Non-gazetted means a penalties (if no proof regarding SCHEDULEC or Dmajorschedule appointment of a Group of Is competentMinistry of the employee GM becomes to impose any Railways appointing authority) Non-gazetted staffappended to 11 those authorities who in relation to rule these rules is competent to impose any of the minor penalties

Railway Servants

Rule 3 - APPLICATION

APPLIES TO ALL RAILWAY SERVANTS ANY MEMBERX C ALL INDIA SERVICE E PERSONNEL PRESIDENTOF E P T RPFEMPOWERED TO EXCLUDE ANYANY PERSONCASUAL EMPLOYMENT PERSON ON FOR WHOM SPECIAL ANY RAILWAY SERVANT FROM THE PROVISIONS EXISTS OPERATION OF ALL OR ANY OF THESE RULES

RULE NO.4 AUTHORITIES COMPETENT TO PLACE RLY. EMPLOYEES UNDER SUSPENSION SPECIFIED IN SCHEDULES I, II andREPORT SUCH AUTHORITY FORTHWITH III EXCEPTIONAL CIRCUMSTANCES ANY REPORT TO THE AUTHORITY COMPETENT AUTHORITY SPEFICIED USE :SHALL BE SUSPENSION : IN ANYOF COMPETENT AUTHORITY S.F. 1 THE TOSCHEDULES MAY PLACEUSE : SF-2 PLACE SUCH RAILWAY SERVANTS DEEMED SUSPENSION: ANY DETERMINED WITH REFRENCE TO UNDER SUSPENSION, CIRCUMSTANCES SUBRODINATE RAILWAYSUSPENDED CERTIFICATE FROM SERVANTS OFFICIATING POST AT THE TIME OF IN WHICH ORDER ON RLY. SERVANT SPEFICIED THERE IN UNDER SUSPENSION RAILWAY EMPLOYEE: USE SF-4 TAKING ACTION WAS MADE: AND 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. SUB . and 1 TO N.G., IF NOT AVAILED. 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 NONSELECTIONS - 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 OCUMENTS TATEMENTS OF ULES RELIED UPON ITNESSFFENDER VIOLATED WITNESS ALL

WO RD S

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 CO No.9into the charges inquire of 10 Rule can demand for If the authenticated copiesandRUDs not supplied with If(1) Witnesses to admitted at the within 10 days the 2. Appoint and to peruse defence stage the chargecharges are Board of Inquiry his side sheet allow be examined from C.O. (Senior chargerecordaboutbe examined time for Public member to befindings ofofficer, If Further to sheet Presiding days Disciplinarydrop the chargesAct 1850. charge, Of receipt of Servants (Inquiries)innocence and partly (2) partly convinced and 10 moreeach documents to and If convincedsubordinate to anotherintimate within Nonenot(CO defence. Can takeifrelevancy/of Asstt. shall either go ahead with circumstances or Can takebehas to evidences,Inquiry member) submission offurther indicate theassistanceInflict any No defence form No.7 1 monthauthority 3. Appoint an documents) Appoint IO not per Inquiringitself MINOR Dealat this ex-parte rule No.10 PENALTYstageattracting provisions Warrants. further standard Railway Employee Order as custodian of Appoint PORule No.11Inquiry of sub-rule (2) of (Optional) Std.Form 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 OFFICER BEFORE CONCLUDING THE INQUIRY . SUBMIT FINDINGS - 3 COPIES ( 2- D.A 1- O.C.) INCLUDE ADDITIONAL CHARGE ONLY IF OPORTUNITY GIVEN TO DEFEND that CHARGE

PROCEDURE FOR CONDUCT OF INQUIRY

P.A.

I.O
D.C

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

XEXAMINATION 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