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| Date | 2019-12-23 |
|---|---|
| Type | Rates Master Circular |
| Topic | ticket-checking |
Important points to be kept in view by the Disciplinary/Appellate/ Revisionary/Reviewing Authorities and Inquiry Officers while handling disciplinary cases- Master Circular Where Disciplinary Authority/Appellate Authority/Revisionary Authority in
Government of India (भारत सरकार) Ministry of Railways (रेल मंत्रालय) Railway Board (रेलवे बोर्ड) रेल सेवक (अनुशासन और अपील) नियम, 1968 Railway Servants (Discipline & Appeal) Rules, 1968 अनुशासनिक/ अपीलीय / पुनरीक्षण/ पुनर्विलोकन प्राधिकारी एवं जाँच अधिकारी द्वारा अनुशासनिक मामलों पर विचार करते समय ध्यान में रखे जाने वाले महत्वपुर्ण मुद्दों पर मास्टर परिपत्र Master Circular On Important points to be kept in view by the Disciplinary /Appellate/Revisionary/Reviewing authorities and Inquiry Officers while handling disciplinary cases 67 Government of India (Bharat Sarkar) Ministry of Railways (Rail Mantralaya) Railway Board Master Circular No. 67 No, E(D&A) 2019 RG6-12 New Delhi Dated: 23.12.2019 The General Managers, Railways and Production Units. Sub: Important points to be kept in view by the Disciplinary/Appellate/ Revisionary/Reviewing Authorities and Inquiry Officers while handling disciplinary cases- Master Circular. The 2019 version of the Master Circular on important points to be kept in view by the Disciplinary/Appellate/Revisionary/Reviewing Authorities and Inquiry Officers while handling disciplinary cases is in your hands. You are aware that the disciplinary proceeding, being quasi judicial in nature, occupy a place different from the normal administrative processes. For the.same reason, they also have to their credit the largest portion of the service law jurisprudence evolved through judicial pronouncements. With Article 311 of the Constitution of India laying down the philosophical contours of the disciplinary proceedings, the Railway Servants (Discipline and Appeal) Rules, 1968 have been framed by the President under the mandate of Article 309 of the Constitution for regulating the matters of disciplinary proceedings in the case of the Railway Servants. Owing to the complex nature of these proceedings and application of the Rules in the individual cases on their given factual matrices springing up questions, circulars have been issued from time to time in order to provide clarifications. Some circulars issued in the past have become redundant owing to amendments carried out in the Rules and also in the light of ever evolving case law. While a huge number of circulars has been issued by the Ministry in the past, an attempt has been made to present a selective handy compilation of the circulars which deal with frequently asked questions with the hope that it will provide useful guidance in conducting the disciplinary proceedings in a legally sustainable manner. (८० (Renuka Nair) Dy. Director, Estt.(Discipline & Appeal) Railway Board. Important points to be kept in view by the Disciplinary/Appellate/ Revisionary/Reviewing authorities and Inquiry Officers while handling disciplinary cases It is noticed that in many cases, the disciplinary proceedings get vitiated on account of failure to follow the prescribed procedures. Some of the common mistakes which are committed by the Disciplinary/Appellate/Revisionary/Reviewing Authorities and inquiry Officers have been brought out in this brochure for guidance/information of all concerned. 2. Disciplinary Authority: a) b) c) qd) ¢) The chargesheet should be issued by the appropriate Disciplinary Authority prescribed in the schedules. It is also essential that the chargesheet is signed by the Disciplinary Authority himself and not by any lower authority on his behalf. The provisions in Rule 8 have to be kept in view while ascertaining whether the chargesheet has been issued by the correct authority. In respect of non-gazetted delinquent staff, a major penalty chargesheet can be issued only by an authority who is competent as per the schedules, to impose on that Railway servant at least one of the major penalties. However, in respect of delinquent employee of gazetted rank, a major penalty chargesheet can also be issued by an authority who is competent to impose on that delinquent employee at least one of the minor penalties. Disciplinary Authority wo
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