No official Railway Board PDF has been traced for this entry yet. The text below was read from the document held in the library.
| Type | Commercial Circular |
|---|---|
| Topic | ticket-checking |
| Currency | Currency not verified |
(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
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PRINCIPLES OF NATURAL JUSTICE
1.No one shall be a judge in his own cause
2. Hear the other party or no one should be condemned unheard.
3. The decision must be made in good faith
4. The final order must be a Speaking order
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Forms
Authorities
Appeals
Suspension
Revision
D&AR
Penalties
Review
Spl.Privileges
Charge sheet
Entire DAR
Holding inquiries
Speaking Orders
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Punishments
MINOR
MAJOR
i. CENSURE
ii. WITH-HOLDING OF PROMOTION
iii. RECIVERTY OF PUCUNIARY LOSS
iii.(a) WITH-HOLDING PASSES/PTOs
iii.(b) REDUCTION IN SAME SCALE
BY ONE STAGE – MAX 3 YRS
iv. WITH-HOLDING OF INCREMENTS
(v) REDUCTION IN SAME SCALE
(vi) REDUCTION TO LOWER SC.
OF PAY, GRADE, POST OR
SERVICE WITH / WITHOUT
CUMULATIVE EFFECT
(vii) COMPULSORY RETIREMENT
(viii)REMOVAL
(ix) DISMISSAL
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Forms USED IN DAR
S.F. 1 SUSPENSION
S.F. 2 DEEMED SUSPENSION
S.F. 3 UNEMPLOYMENT CERTIFICATE
S.F. 4 REVOCATION
S.F. 5 MAJOR PENALTY CHARGESHEET
S.F. 6 REFUSAL OF ADDL.DOCUMENTS
S.F. 7 APPOINTMENT OF INQUIRY OFFICER
S.F. 8. APPOINTMENT OF PRESENTING OFFICER
SF 9 A-C CANCELLED DURING 1972 And 1975(SHOW CAUSE NOTICE)
S.F.10 ORDERS FOR INITIATING
COMMON PROCEEDING
S.F.10A APPT. OF I.O. IN COMMON PROCEEDINGS
S.F.10B APPT. OF P.O. IN COMMON PROCEEDINGS
S.F.11 MINOR PENALTY CHARGESHEET
S.F.11B MINOR PENALTY CHARGESHEET WHERE INQUIRY IS ESSENTIAL.
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Constitutional provisions
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State. -
(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges
Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:
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Provided further that this clause shall not apply-
(a) Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) Where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.
(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final
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Charge Sheets
Precise,
Definite,
Containing exact nature of alleged misconduct/mis-behavior.
A vague charge sheet can vitiate case.
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Main Ingredients
Clarity / unambigious
Substance
Supported by the
documents and or witnesses.
Signed by the competent authority
It must be communicated and served
according to the rules prescribed.
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Service of charge sheet.
Personal service
By registered AD
Prescribed administrative procedure
If not followed it may lead to legal problems /complication relating to per
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