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 |
To record oral evidences in examination-in– chief, cross examination and re-cross examination
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On finalization of Minor penalty charge sheet
if charges not proved the charges dropped or
any of following penalties imposed, if proved
MINOR PUNISHMENTS
(i) CENSURE
(ii) PROMOTIONS
(iii) RECOVERY OF PECUNIARY LOSSES
(iii) a PASSES/P.T.Os
(iii) b REDUCTION IN TIME SCALE(3 CLAUSES)
(iv) INCREMENTS
One charge sheet – one penalty but in case of recovery of pecuniary loss/es may be clubbed with other punishment.
Minor penalties can be imposed on finalization
of Major penalty charge sheet also.
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Standard Form-11
Standard form 11a
STANDARD FORM NO.5
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FEATURES OF DEPARTMENTAL INQUIRIES
INHOUSE EXERCISE AIMED TO TAKE CORRECTIVE ACTION
TO FIND WHETHER CHARGED EMPLOYEE IS GUILTY FOR MIS-CONDUCT AND / OR MIS-BEHAVIOUR
DOES NOT AMOUNT TO CRIMINAL OR CIVIL PROCEEDINGS – SCOPE VERY MUCH RESTRICTED. IA IS NOT A JUDGE
STRICT COURT PROCEDURES NEED NOT TO BE FOLLOWED
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EVIDENCE ACT IS NOT APPLICABLE
ADEQUATE IF NATURAL JUSTICE AND PROCEDURES FOLLOWED
STRICT PROOF AS PER EVIDENCE ACT NOT NECESSARY – QUASI-JUDICIAL IN NATURE
DECISIONS TAKEN BASED ON EVIDENCE – IA TO LOOK INTO ALL RELEVANT MATERIALS – NOT TO INGORE ANY
FOR INQUIRY PURPOSES IA IS INDEPENDENT AUTHORITY.
DECISIONS OF IA DURING INQUIRY BY SPEAKING ORDER
CO SHOULD FEEL FAIR DEAL GIVEN TO HIM
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COMMON PROCEEDINGS
LEAVE DURING INQUIRY
- no leave while under suspension
- Can be sanctioned if not under suspension
Retirement during proceedings –
- CO is not under DA
- But DA can go ahead with Inquiry (Inquiry
Report submitted to President of India)
- Death during the proceedings : Close Inquiry send report to DA
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Amendment / alteration of charge sheet
Minor amendments and alterations permissible before regular hearing
Major amendments – withdraw with the right to initiate fresh charge sheet by withdrawing. NOT
TO DROP
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INQUIRY
IA TO VERIFY DOCUMENTS ON RECEIPT FROM DA
ADHERE TO LAID DOWN RULES AND MODEL TIME SCHEDULES
SHOW IMPARTIALITY. MAKE CO COMFORTABLE
BE TRANSPARENT
ACT JUDICIOUSLY
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Inquiring Authority has to be
Impartial / disinterested person / higher in rank than CO
Free from bias
Cannot be a witness in the case
Knowledge of DAR and subject rules/procedures
Can be a serving / retired official /retired judge
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Inspection of documents
Recording of evidences
Role of IA
To bring out truth
Impartial and fair hearing
To bring on record documents supporting charges
To record oral evidences in examination-in– chief, cross examination and re-cross examination
-Generally examine CO towards end
-Analyze evidence / make correct assessment
-Prepare Inquiry report
Onus of proving charges on administration
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Appointment of PO is optional
Presenting Officer (P.O) has to be government official (no legal practitioner unless CO is also allowed legal practitioner )
Investigating officer/Witness cannot be P.O.
P.O’s appointment cannot be challenged by Charged official on bias ground
PO to assist IA in making available original prosecution documents
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Defence helper
Serving employees of the same Railway: 3
Retired personnel of same railway or
residing in same locality : 7
-Union official : Any
No.
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Informing the Railway Servant in writing of proposal to take action against him and of imputations of mis-conduct or mis-behaviour on which it is proposed to be taken, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal.
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Holding an inquiry in manner laid down in every case in which
disciplinary authority
is of opinion
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