MISCELLANEOUS (PART - VII)
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THE RAILWAY SERVANTS
(DISCIPLINE AND APPEAL) RULES, 1968
(In exercise of the powers
conferred by the proviso to Article 309 of the Constitution)
PART - VII
MISCELLANEOUS
26. Service of orders,
notices etc. -
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.
##{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 of the Railway
Board or President, any notice, process, order etc. made or issued under these
Rules: —
- Secretary, Railway
Board/Joint Secretary/Deputy Secretary.
- Executive
Director/Director/Joint Director.}
## Substituted vide Railway
Board's letter No. E(D&A)94 RG 6-10 dated 16.02.1999 (RBE 23/1999).
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 of the Railway
Board or President any notice, process, order, etc. made or issued under these
rules:-
- Secretary,
Railway Board/Director.
- Joint
Secretary/Additional Director.
- 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 rules to make any
order may, for good and sufficient reasons or if sufficient cause is shown,
extend the time limit specified in these rules for anything required to be done
under these rules or condone 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 the Commission
and, where such advice has not been accepted, also a brief statement of the
reasons for such non-acceptance, shall be furnished to the Railway servant
concerned along with a copy of the order passed in the case, by the authority
making the order.
29. Repeal and saving.-
- The Discipline and Appeal
Rules for Railway servants, other than those employed in the Railway
Protection Force, in force with effect from the 1st August, 1961 and any
orders issued there-under in so far as they are inconsistent with these
rules, are hereby repealed;
Provided that - - such repeal shall not effect
the previous operation of the said rules, or any order made, or anything
done, or any action taken, there under; and
- 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 the
provisions of these rules, as if such proceedings were proceedings under
these rules.
- Nothing in these rules shall
be construed as depriving any person to whom these rules apply, of any
right of appeal which had accrued to him under the rules or orders in
force before the commencement of these rules.
- An appeal pending at the
commencement of these rules against an order made before such
commencement, shall be considered and orders thereon shall be made, in
accordance with these rules, as if such orders were ,made and the appeals
were preferred under these rules.
- As from the commencement of
these rules, any appeal or application for revision and/or review against
any orders made before such commencement, shall be preferred or made under
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 limitation for any appeal or review provided by any rule in force before the commencement of these rules.
30. Removal of doubts.-
If any doubt arises as to the
interpretation of any of the provisions of these rules, the matter shall be
referred to the President through the Railway Board, and the President shall
decide the same.
31. Right to submit petitions
to the President.-
Nothing in these rules shall
operate to deprive a Railway servant from exercising his right of submitting a
petition to the President in accordance with the instructions contained in
Appendix II to the Indian Railway Establishment Code, Volume I (Fifth Edition,
1985).
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