PENALTIES AND DISCIPLINARY AUTHORITIES (PART III)
by: Guest
Total views: 247
Word Count: 2009
THE RAILWAY SERVANTS
(DISCIPLINE AND APPEAL) RULES, 1968
(In exercise of the powers
conferred by the proviso to Article 309 of the Constitution)
PART III
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; |
|
iii-a |
Withholding of the |
|
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 not exceeding 3 years,
without cumulative effect and not adversely affecting his pension. 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 to whether on the expiry of such
period this will or will not have the effect of postponing 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 pay for 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 his pay; |
|
vi |
Reduction to a lower time scale of pay,
grade, post, or service, with or without further directions regarding
conditions of restoration to the grade or post or service from the which the
Railway Servant was reduced and his seniority and pay on such restoration to
that 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 would have,
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, one of the penalties specified in clauses
(v) to (ix) shall, ordinarily, be imposed and where such penalty is not
imposed, the reasons therefore shall be recorded in writing.
Provided further that in case
of persons found guilty of ###{possessing assets disproportionate to
known sources of income or found guilty of} having accepted or having
obtained from any person any gratification, other than legal remuneration, as a
motive or reward for doing or forbearing to do any official act, one of the
penalties specified in clauses (viii) or (ix) shall ordinarily be imposed and
where such penalty is not imposed, the reasons therefor shall be recorded in
writing.
### Inserted vide GSR .... issued under
Railway Board's letter No. E(D&A)2001 RG 6-29 dated 31.10.2001 (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 any departmental examination in
accordance with the rules or orders governing the Service to which 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 the ground 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 is eligible; |
|
|
iv |
reversion of a Railway Servant officiating
in higher service, grade or post to a lower Service, grade or post, on the
ground that he is considered to be unsuitable for such higher Service, grade
or post, or on any administrative ground unconnected with his conduct; |
|
|
v |
reversion of a Railway Servant, appointed
on probation to any other service, grade or post, to his permanent service,
grade or post during or at the end of the period of probation in accordance
with the terms of his appointment or the rules and orders governing such
probation;. |
|
|
vi |
replacement of the services of a Railway
servant, whose services had been borrowed from any other Ministry or
Department of the Central Government or a State Government or an authority
under the control of the Central Government or State Government, at the
disposal of the Government or the authority from which the services of such
Railway Servant had been borrowed; |
|
|
vii |
Compulsory retirement of a Railway servant
in accordance with the provisions relating to his 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 and orders governing such
probation; |
|
|
b |
of a temporary Railway servant in
accordance with rule 301 contained in Volume 1 of the Indian Railway
Establishment Code (Fifth Edition-1985), or |
|
|
c |
of a Railway servant employed under an
agreement, in accordance with the terms of 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.-
- The President may impose any
of the penalties specified in rule 6 on any Railway servant.
- 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.
- 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 taking action.
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, under these rules, any of the
penalties specified in rule 6. |
|
2 |
A disciplinary authority competent under
these rules to impose any of the penalties specified in clauses (i) to (iv)
of rule 6 may, subject to the provision of clause (c) of sub rule(1) of rule
2 institute disciplinary proceedings against any Railway servant for the
imposition 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, to impose any of the latter penalties. |
|
About the Author
Rating: 5.00