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Master Circular No. 27 - Legal and Financial Assistance to Railway Servants Involved in Legal Proceedings
Master Circular No. 27
Circularstaff-establishment
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| Circular number | Master Circular No. 27 |
|---|---|
| Type | Establishment Master Circular |
| Topic | staff-establishment |
| Archive source | pbtvc.in |
Summary
Legal and Financial Assistance to Railway Servants Involved in Legal Proceedings. Master Circular compilation sourced from the PBTVC Personnel website; check subsequent Railway Board amendments before use.
Text of the circular
MASTER CIRCULAR Master Circular No. 27 Legal and Financial Assistance to Railway Servants Involved in Legal Proceedings. The instructions issued by the Railway Board from time to time on the subject of Legal Assistance to Railway Servants involved in legal proceedings are contained in several letters. The Board have now decided to issue a consolidated master circular, as below, on the subject for the information and guidance of all concerned. 2. A Railway servant may be involved in legal proceedings in the cases in which acts are done. i. In the execution or performance of the official duty; ii. Not in the execution or performance of the official duty, but by virtue of or having connection with the official position; and iii. In neither of the above capacities. [Ref: Board's letter No. E(G)59 LL 2/5 dated 21.07.1960] 2.1 Cases falling under (iii) above may be those in which a Railway servant may be guilty of bribery/ illegal gratification/ corruption etc. accepted or committed not by virtue of his official position but in his private dealings. No reimbursement of the legal expenses incurred by the Railway servant in defending his position in such cases will be admissible. Also the Government will not provide any assistance to a Railway servant or reimburse the expenditure incurred by him in respect of matters not arising out of his official duties or connected with his official position, irrespective of whether the proceedings were initiated by a private party against the Railway servant or vice-versa. [Ref: Board's letter No. E(G)59 LL 2/5 dated 21.07.1960] 3. Law suits arising out of circumstances connected (i) with the execution or performance of the official position of the Railway servant or (ii) with the official position of the Railway servant. When a law suit arising out of the circumstances connected with the duty of a Railway servant is brought against him by a Private party, the following provisions will apply. a. i. If the Railway servant is sued by a party claiming from him wages or money arising out of transactions in which he is concerned only in his official capacity and bonafide action on behalf of the Govt., it will be necessary for him to defend the suit by pleading that the Govt. should be made the defendant as the party really interested; ii. If, however, the suit against the Railway servant is for damages in respect of an alleged act of the Railway servant as an employee of the Govt. i.e. a suit for wrongs, the party aggrieved may, as a general rule, bring the suit against such a Railway servant and it would be no defence for the latter to contend that he has a right to look to the party by whose act he has been aggrieved, whether he could or could not have sued that party's principal; iii. Whether the suit falls in category (i) or (ii) above the railway servant, on his failing to defend the suit or reply to the plaint in person or by a Counsel becomes personally responsible; b. i. If the Govt. on consideration of the facts and circumstances of the case, decides that it will be in the public interest for it to undertake the defence of the Railway servant in such proceedings and if the Railway servant agrees to such a course, the Govt. should make arrangements for the conduct of the proceedings, after the railway servant makes the following written statement: "___________ Description of the Proceedings to be given." The Govt. of India, having been pleased to undertake my defence in the above proceedings, I hereby agree to render such assistance to the Govt. as may be required for my defence and further agree that I shall not hold the Govt. in any way responsible, if the proceedings and in a decision adverse to me. . . . . . . . . . . . . . . . . . . . . . . . . Signature of the Govt. servant Dated........ ii. Where, in a civil suit, a Railway servant is sought to be made liable for damages for acts or negligence in the discharge of his official duties of civil nature and Govt. i
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