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| Type | Commercial Circular |
|---|---|
| Topic | ticket-checking |
An employee junior to the charged employee cannot
Dos 1 The grant of Compassionate Allowance is a discretion power of authority competent to dismiss or remove a Railway servant and authority has to invariably give the orders at the time of passing the above penalty 2 In the DAR enquiry the EO has to conduct preliminary hearing before the commencement of regular inquiry. 3 The concerned authority should pass a reasoned and speaking order while issuing NIP. 4 When Rule 14(i) is invoked the DA should give show cause notice to the convicted railway employee. 5 Where employee’s negligence has caused pecuniary losses to the Railways, the DA can issue order for recovery of above pecuniary loss in a suitable installments fixed in such a way not causing any hardship. 6 In a Criminal proceeding, the DA has the discretion power to initiate departmental DAR proceeding against such charged employee. 7 Suspension of a railway servant can not be extended beyond 90 days unless and until recommended by a suspension review committee. 8 During each such review, the suspension can be extended for a period not exceeding 180 days at a time. 9 The Suspension period would be treated as unjustified and treated as “period spent on duty” if a minor penalty charge sheet is issued or a minor penalty is imposed. 10 In the Criminal proceeding following employee’s conviction, mere filing of an appeal and or stay of the execution of the sentence, do not take away the effect of conviction, unless the appeal is allowed and the conviction is set aside by the appellate court. 11 The order of DA or appellate or revision authority has to be endorsed in the Service Record in his own signature & designation. 12 In the DAR proceeding where the charged employee has accepted the charges unconditionally then the DA or the EO should not proceed further and give their final decision. 13 In the enquiry proceeding, the EO should record the statements of each prosecution witnesses separately in the presence of the charged employee and his defence assistant if any. 14 In the DAR proceeding if the charged employee is not available for serving DAR related document, then the same should be sent to the last known residential address of the charged employee through RPAD, if the RPAD is not returned or received with or without any postal remark then a copy of charge memorandum may be pasted in the Notice Board of the Unit office in the presence of two witnesses where the charged employee is working , duly certified by the unit incharge. 15 In the DAR enquiry, the EO should first call up the charged employee for preliminary hearing and obtain information in regard to the receipt of charge memorandum by the CO, whether he understood the charges , desires to engage any defence assistant , any further document required by the CO and whether he is ready for regular enquiry. Other than these information the EO should not conduct enquiry of the charged employee in the preliminary hearing itself. 16 Once the regular enquiry is complemented, the EO may conduct general examination of the charged employee along with his defence assistant and obtain his written brief, if the employee desires or otherwise may prepare his finding report and submit his finding report to the concerned Disciplinary Authority. 17 After the completion of general examination of the Charged employee the EO can not call up again any of the Prosecution witness to enquire further in the case. 18 An employee has option to submit appeal against the enhanced penalty on the decision of Appellate/Revision authority 19 If the employee dies , the DAR proceeding has to be closed without any order immediately. 20 If the employee dies during the pendency of appeal or revision petition , then the appeal or the revision petition has to be disposed off. Do not do 1 A charge memorandum should not be issued by an authority against a charged employee unless and u
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