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Master Circular No. 67 - Important points to be kept in view by the Disciplinary / Appellate / Revisionary / Reviewing Authorities and Inquiry Officers while handling disciplinary case
Master Circular No. 67
Circularstaff-establishment
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| Circular number | Master Circular No. 67 |
|---|---|
| Type | Establishment Master Circular |
| Topic | staff-establishment |
| Archive source | pbtvc.in |
Summary
Important points to be kept in view by the Disciplinary / Appellate / Revisionary / Reviewing Authorities and Inquiry Officers while handling disciplinary case. 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. 67 Important points to be kept in view by the Disciplinary/ Appellate/ Revisionary/ Reviewing Authorities and Inquiry Officers while handling disciplinary case. Important points to be kept in view by the Disciplinary/ Appellate/ Revisionary/ Reviewing Authorities and Inquiry Officers while handling disciplinary cases - Master Circular. 1 2. Disciplinary Authority. 3. Charge Memorandum. 4 5 6 7 8. Inquiry. 9. 10. 11. 12. 13. 14. Transfer of Charged Official during pendency of disciplinary/criminal case. 15. Points to be kept in view by Inquiry Officers. 16. Action on Inquiry Report. 17. Action under Rule 14. 18. Departmental proceedings and Criminal Proceedings. 19. Appeal. 20. Revision/Review. 21. Proceedings after Retirement. Master Circular No. 67 It is noticed that in many cases, the disciplinary proceedings get vitiated on account of failure to follow the prescribed procedure. 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. This is an attempt to compile the gist of various rules, instructions, etc., issued in this regard from time to time. While referring to this Circular, the original letter referred to therein should be read for a proper appreciation and in case of doubt, the original letter should be relied upon as authority. Since only the important instructions on the subject have been included in this Master Circular, some instructions might not have found place herein. Instructions contained in circulars not included in the Master Circular, should not be deemed to have been superseded simply because of their non-inclusion. This RBE issues the Master circular No. 67 You will be Redirected to Master Circular automatically. If the web Browser does not redirect you to Master Circular please click here It is noticed that in many cases, the disciplinary proceedings get vitiated on account of failure to follow the prescribed procedure. 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. 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 . b. 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. (Rule 8(2) of RS(D&A) Rules.) c. Disciplinary Authority would be with reference to the post held by the charged official at the time of initiation of disciplinary action and not with reference to the post held by him at the time the alleged misconduct occurred. (Board’s letter No: E(D&A)84 RG6-42 dt. 8.8.84) d. While (a), (b) and (c) above refer to the level of the Disciplinary Authority, the Authority who actually functions as Disciplinary Authority can be none other than the one under whose administrative control the delinquent employee works. Also there can be only one Disciplinary Authority for an employee, e.g. for an operating staff, who is under the administrative control of Divisional Operating Manager (DOM), only the DOM can act as Disciplinary Authority, even if the misconduct pertains to violation of commercia
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