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PROCEDURE OF DEALING DAR CASES
No. 2006/V-1/Meet/6/1
Circularstaff-establishment
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| Circular number | No. 2006/V-1/Meet/6/1 |
|---|---|
| Type | VCRC archived Railway commercial circular / manual |
| Topic | staff-establishment |
| Archive source | vcrc.in |
Summary
Procedure for dealing with DAR cases against group ‘C’ and ‘D’ staff arising out of vigilance investigation with Vigilance even if DA differs with the first stage advice of vigilance
Text of the circular
RBV No 13/2006 GOVERNMENT OF INDIA MINISTRYOF RAILWAYS RAILWAY BOARD No. 2006/V-1/Meet/6/1 New Delhi, dated: July 19, 2006 The General Managers CR, ER, ECR, ECOR, NR, NCR, NER, NFR, NWR, SR, SCR, SER, SECR, SWR, WR, WCR, CLW, DLW, ICF, RCF, RWF, CORE, METRO & NFR(Constn.) The Directors, IRICEN, IRISET, IRITM. IRIEEN & IRIMEE, Chief Administrative Officers DLMW & COFMOW Managing Directors RITES, IRCON, KRCL, CONCOR, IRFC, MRVC, RCTC, RAILTEL, CRIS, RVNL and IRWO. Director General Others CCRS/LKO Sub: Procedure for dealing with DAR cases against group ‘C’ and ‘D’ staff arising out of vigilance investigation. ******** It has come to the notice of Railway Board that there is inordinate delay in giving vigilance clearance/ furnishing vigilance position by some of the Vigilance units on account of either not following the existing instructions or not interpreting the same correctly. This adversely affects the staff and delays their promotion. 2.0 The existing instructions for dealing with disciplinary proceedings and vigilance clearance have been considered and it has been decided that, in supersession of all previous instructions, on the subject, the procedure given below will henceforth be followed for dealing with DAR cases and vigilance clearance of Group ‘C’ and Group ‘D’ staff:- Contd….p/2 -:2:- 2.1 Cases involving Group ‘C’ and Group ‘D’ staff only (i.e. not involving any Gazetted Officer). In these cases CVC advice is not required. These cases which are also known as Non-CVC cases be dealt as under:- 2.1.1 In minor penalty cases, vigilance clearance for a particular case would be given once the Disciplinary Authority (DA) has finalized the DAR action and a punishment notice (NIP) had been issued. No consultation is necessary with Vigilance even if DA differs with the first stage advice of vigilance organization and penalty imposed is at variance with Vigilance advice or DA exonerates the charged official. DA is only required to send a copy of NIP/ exoneration advice along with its speaking order and reasons of disagreement to Vigilance promptly, say within a week. In the cases of deviation, Vigilance can seek a revision by referring the case to Revising authority (RA) if considered necessary. Such revision would, however, not come in the way of vigilance clearance of staff. 2.1.2 For major penalty cases, the vigilance case will get closed once the DA has imposed any of the major penalties and sends copy of NIP along with its speaking order to Vigilance Organisation. No consultation with Vigilance is necessary where DA intends to impose penalty in accordance with first stage of Vigilance Organisation. However, where punishment is not considered adequate, the vigilance organization can later seek a revision by referring the case to RA as per extant procedure. Such revision would, however, not come in the way of vigilance clearance of staff. 2.1.3 For major penalty cases, where DA proposes to exonerate or impose a minor penalty, consultation with vigilance would be necessary. In such cases, DA has to first record his provisional views and consult Vigilance organization once giving reasons for disagreement with Vigilance advice. Vigilance Organisation should examine and furnish their comments to DA on such references. Normally vigilance organization is expected to furnish their comments to DA within two weeks of receipt of such references. Even if after this consultation, DA is not in agreement with views of Vigilance, then DA is free to proceed and pass speaking order for exoneration/imposition of penalty. Copy of the NIP/ exoneration advice is required to be promptly sent by DA to Vigilance along with its speaking order and reasons of disagreement within a week of passing such orders. Vigilance organisation may seek a revision by referring the case to RA, if considered necessary. However, such a revision would not come in the way of vigilance clearance of staff Contd….p/3 -:3:- 2.1.4 The procedure for cons
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