REVISION AND REVIEW (PART VI)
by: Guest
Total views: 244
Word Count: 1263
THE RAILWAY SERVANTS
(DISCIPLINE AND APPEAL) RULES, 1968
(In exercise of the powers
conferred by the proviso to Article 309 of the Constitution)
PART VI
REVISION AND REVIEW
25. Revision .-
- Notwithstanding anything
contained in these rules-
- the President, or
- the Railway Board, or
- the General Manager of a
Railway Administration or an authority of that status is the case of a
Railway Servant serving under this control, or
- the appellate authority not
below the rank of Divisional Railway Manager in cases where no appeal has
been preferred, or
- any other authority not
below the rank of Deputy Head of Department in the case of Railway
Servant serving under his control -
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repealed by Rule 29, after consultation with the Commission, where such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, and may
- confirm, modify or set
aside the order; or
- confirm, reduce, enhance or
set aside the penalty imposed by the order, or impose any penalty where
no penalty has been imposed ; or
- remit the case to the
authority which made the order or to any other authority directing such
authority to make such further inquiry as it may consider proper in the
circumstances of the case; or
- pass such orders as it may
deem fit:
Provided that- - no order imposing or enhancing
any penalty shall be made by any revising authority unless the Railway
servant concerned has been given a reasonable opportunity of making a
representation against the penalty proposed;
- subject to the provisions
of Rule 14, where it is proposed to impose any of the penalties
specified in Clauses (v) to (ix) of Rule 6 or the penalty specified in
Clause (iv) of Rule 6 which falls within the scope of the provisions
contained in sub-rule (2) of Rule 11 or to enhance the penalty imposed
by the order under revision to any of the penalties specified in this
sub-clause, no such penalty shall be imposed except after following the
procedure for inquiry in the manner laid down in Rule 9, unless such
inquiry has already been held, and also except after consultation with
the Commission, where such consultation is necessary.
- No proceeding for revision
shall be commenced until after-
- the expiry of the period of
limitation for an appeal; or
- the disposal of the
appeal where any such appeal has been preferred:
Provided that the provisions of this sub-rule shall not apply to the revision of punishment in case of Railway accidents. - An application for revision
shall be dealt with in the same manner as if it were an appeal under these
rules.
- No power of revision shall be
exercised under this rule-
- by the appellate or revising
authority where it has already considered the appeal or the case and
passed orders thereon; and
- by a revising authority
unless it is higher than the appellate authority where an appeal has been
preferred or where no appeal has been preferred and the time limit laid
down for revision by the appellate authority, has expired;
Provided that nothing contained in clauses (i) and (ii) above, shall apply to revision by the President. - No action under this rule
shall be initiated by-
a. an
appellate authority other than the President; or
b. the
revising authorities mentioned in item (v) of sub-rule (1)-
after more than six months from the date of the order to be revised in cases
where it is proposed to impose or enhance a penalty or modify the order to the
detriment of the Railway servant, or more than one year after the date of the
order to be revised in cases where it is proposed to reduce or cancel the
penalty imposed or modify the order in favour of the Railway servant.
Provided that when revision is undertaken by the Railway Board or the General
Manager of a Zonal Railway or an authority of the status of a General Manager
in any other Railway Unit or Administration when they are higher than the
appellate authority, and by the President even when he is the appellate
authority, this can be done without restriction of any time limit.
Explanation: For the purposes of this sub-rule the time limits for revision of
cases shall be reckoned from the date of issue of the orders proposed to be
revised. In cases where original order has been upheld by the appellate
authority, the time limit shall be reckoned from the date of issue of the
appellate orders.
25-A. Review.-
The president may at any time
either on his own motion or otherwise review any order passed under these rules
when any new material or evidence which could not be produced or was not
available at the time of passing the order under review and which has the
effect of changing the nature of the case has come or has been brought to his
notice.
Provided that no order imposing or enhancing any penalty shall be made by the
President unless the Railway servant concerned has been given a reasonable
opportunity of making a representation against the penalty proposed or where it
is proposed to impose any of the major penalties specified in Rule 6 or to
enhance the minor penalty imposed by the order sought to be reviewed to any of
the major penalties and if an enquiry under Rule 9 has not already been held in
the case, no such penalty shall be imposed except after inquiring in the manner
laid down in Rule 9, subject to the provisions of Rule 14 and except after
consultation with the Commission where such consultation is necessary.
About the Author
Rating: 5.00