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| Type | Commercial Circular |
|---|---|
| Topic | general |
Decisions taken on file in disciplinary cases — question whether such decisions are to be treated as final even though not communicated to the charged officials authority or the successor disciplinary authority, before a final decision is recorded and
ee en RBENo, I) /2001 न _ GOVERNMENT OF INDLA = MINISTRY OF RAILWAYS (RAILWAY BOARD) No, E(D&A)97 RG 6-72 AB.5.2001 All Indian Railways and Production Units, etc. (As per the Standard list) Sub: Decisions taken on file in disciplinary cases — question whether such decisions are to be treated as final even though not communicated to the charged officials. के कं के Attention of the railways is invited to instructions contained in this Ministry's letter No. E(D&A)88 RG6-103 dated 9.8.88 on the above subject which inter alia provide that the decision recorded on the file by the disciplinary authority is not final and can be changed by his successor if the previous incumbent has relinquished the charge before communicating his decision to the charged official. Fp The matter has since been examined further in consultation with the Department of Personnel & Training and the Ministry of Law and it is clarified that the principle laid down in this Ministry's letter of 9.8.88 as brought out above will be applicable only in those cases where the disciplinary authority is the Head of the State, ie., the President of India or the Governor of the State concerned, as the case may be. In cases where the disciplinary authority is the one prescribed under the RS(D&A) Rules (other than the President), the decision recorded on the file by that authority, even if not communicated, shall be final and cannot be changed by that authority himself or by his successor-in- office, The decision taken by the disciplinary authority (other than the Head of the State) ig a judicial decision and once it is arrived at, it is final 3, It is clarified that if the decision recorded on the file could not be communicated to the charged official by the authority who had recorded the said decision, the successor disciplinary authority will merely act in the role of a communicator of the decision already taken by his predecessor. (Contd. ..2/-) 4. It is also clarified that the principle laid down ~ 2 above shall be z only to the decision recorded at the conclusion of the disciplinary proceedings ie., final orders passed in the case by the disciplinary authority. It shall not apply where the disciplinary authority proposes to disapree with the advice of the CVC or to the decision by the disciplinary authority before referring the case to the UPSC for advice These decisions are provisional in nature and can therefore, be modified by the same authority or the successor disciplinary authority, before a final decision is recorded and हे के. acknowledge receipt. Vicedele ( V. Vaidehi ) Jt. Director Establishment(D&A ता Railway Board No. E(D&A)A?: RG 6-72 ots: 5.2001 Copy to: 1. The General Secretary, AIRF, 4 State Entry Road, New Delhi (with 35 spare copies) Z. The General Secretary, NFIR, 3 Chelmsford Road, New Delhi (with 35 spare copies) it All Members, Departmental Council & National Council and Secretary, Staff Side, National Council, 13-C, Ferozeshah Road, New Delli. 4. The Secretary General, IRPOF, Room No. 268, Rail Bhawan, New Delhi, (8 copies) 5. The.Speretary General, FROA, Room No.256-A, Rail Bhawan, New Delhi. (Gcopies) 6. M/S Bahri Brothers, 742, Lajpat Rai Market, Delhi-110 006, P.O. Box No. 2032. For Secretary/Railway Board SDECR)D Cath? J Copy to: ‘E(O)I, ERB-I, ERB-D, -V, A(RepjL 1 & पा; Vig-L E(SCT) & I E(G),PR & E(P&A) Branches of Board’s Office for information. Ya bi , | ' लि |e a मै | i 1 अपर at है सै. se/2002 भारत सरकार: रेल संन्ालय bind बोर्ड ti. 2h फटी Se Bho7 wre जी 6-72 fant = 28.5. 2001 महाप्रयंधक aT as, uty आरतीय रेतें et उत्पादन इकाइयों आदि . गमालक adh के अनुसार] जिस : dearafas मामलों में. फाइल पर लिए गए निर्णय पर प्रश्न कि क्या शारोएित पद <arfear को agtun फिर fear भी ea 'सिर्णयों को अंतिम माना जाता है | sted fat पर sq मंत्रालय के दिनांक 09.08.68 के Sa a8 vet मंड eh 88 are जी 6-lo3 में daftec areatl की ate WaT aT ध्यान foarir जाता है foal seq बातों के साथ-साथ ce eearar है. fe अनुन avatas प्राधिकारी द्वारा फाइल पर र
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