Descipline and Appeal Rules (DAR) Articles

Disciplinary authority is quasi-judicial in nature- The order passed by the DA should be followed according to letter and tanner of the punishment order. Due to retrospective effect of the VIth PC the employee who is under the punishment is loosing more amount than the punishment order given by the DA. As per the service jurisprudence the DA under the DAR is a quasi-judicial authority and his order must be followed according to the letter and tenor of the punishment order. This is only the analogy why a person who is under a punishment order shell not get the promotion till the completion of the punishment if it is in nature effecting the withholding of increments. Since the Disciplinary Authority feels it proper lock the pay of the employee for certain period at a certain amount. It impliedly means that the disciplinary authority awarded a punishment in that he should not progress from a particular point of Basic. Even if the employee is promoted to next higher grade normally the pay of the employee is with holded without promotion is only because to follow the true sprit of the order of DA. For instance if an employee is whithoded his increments for 12 month in basic pay of 5300 in the grade 5000-8000 even though he is promoted to his next higher grade 5500-9000 his promotion shell not get effected. In this instance the DA wanted to withhold the pay of the employee at the rate of 150 for 12 months and further impliedly he orders to hold and restrict his pay at the point of pay of 5300 for a period of 12 months. Any punishment should be persuaded with in the scope of the order only. But due to implementation of VI pay commission from retrospective effect from 1-1-2006, the punishments that are ordered generally differ the letter and tenor and sprits of the order of the Deciplinary Authority. For example the employee who was working in the V th PC in the grade of 7450-11500 is awarded a punishment withholding of increments for 36 months. After the careful consideration of the case of the delinquent employee the officer wanted to withhold an amount of 525 of pay along with allowance. But when after the implementation of VI TH PC definitely the losses will be more than the intentions of the punishments of Deciplinary authority as the employee has lost the raise in the salary also. Thus all order of the entire Railway employees should be re concurred as our fellow railway man is loosing much amounts then the original punishment order given by the Deciplinary Authority.

Disciplinary powers of Principal Heads of Departments under this Schedule shall also be exercised by Senior Executive Directors and Executive Directors who are in independent charge, in Research, Designs and Standards Organisation; Coordinating Heads of Departments in Senior Administrative Grade or by the Heads of Departments in Senior Administrative Grade who are in independent charge.

Every order, notice and other process made or issued under these rules, shall be served in person on the Railway servant concerned or communicated to him by registered post.

may at any time, either on his or its own motion or otherwise, call for the records of any inquiry and revise any order made under these rules or under the rules repealed by Rule 29, after consultation with the Commission, where such consultation is necessary.

Denies or varies to his disadvantage his pay, allowances, pension, Provident Fund benefits, service gratuity or other conditions of service as regulated by rules or by agreement. Interprets to his disadvantage the provisions of any such rule or agreement.

Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a railway servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, a Board of Inquiry or other authority to inquire into the truth thereof.

Withholding of increments of pay for a specified period with further directions as to whether on the expiry of such period this will or will not have the effect of postponing the future increments of his pay. 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.

The classes of railway servants who may be placed under suspension and the authorities by whom they may be so placed, shall be as specified in Schedules I, II and III.

These rules may be called The Railway Servants(Discipline and Appeal) Rules, 1968. They shall come into force on the 1st day of October, 1968. Published with the Ministry of Railways (Railway Board) Notifications.