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Railway Servants (Discipline and Appeal) Amendment Rules, 2002 - action on the inquiry report
· 2002-08-08
Circularstaff-establishment
Open the official Railway source
| File number | E(D&A)87 RG6-151 |
|---|---|
| Date | 2002-08-08 |
| Type | Railway Board Establishment Circular / Letter |
| Topic | staff-establishment |
| Directorate | Establishment |
| Official source | indianrailways.gov.in |
Summary
SECTION () OF THE GAZETTE OF INDIA } the inquiring authority for further inquiry and report and thé’ inquiring authority shel thoreupon
Text of the circular
(TO BE PUBLISHED IN PART-II SECTION 3 SUB-SECTION () OF THE GAZETTE OF INDIA }
Govermaient of Lads
Ministry of Raikvays Railway Hoard
GSR In cxercise of the powers conferred bythe proviso to articks -
' आ9 of the Constitution, Presidest berchy makes. the following rales further to-amond the Railway Servant
(lacipline and Appoa! } Ruics, 1968, namely
1. हि These rakes may be called the Railway Scrvants(Discipline And Appeal) (Anmndmar) Rules,
1
_
(2} They shall come into force om the date of their publication in the Official Gazette
2. . Jn the Raflvey Servants (Discipline and Appeal) Rules, 1968 (hereinafter referred ty ax the said tales), for
rule 16, the Sliowing role shall -be substituted, “10, Actiom om the imemary report :- .
(2) Hf he diaciplinary authority: o .
(a) afer considering tic inquiry report, is of the opittion that further examination of auy of the
witnesses in acccesary in the interests of justice, it may recall the said witiess amd examine, excep :
cxamios eel te-examine the witness
{b) is mot ieclf the inquiring authority may for reasons to be reoarded by it in writing, remit the case to
the inquiring authority for further inquiry and report and thé’ inquiring authority shel thoreupon
Peoored to hold further inquiry according to the provisions of rule 9 as far.2e may be,
- fa)- abel forward or cause to be forwarded a copy of the report'of the inquiry if amy, held by the . - discipliaery authority or where the disciplinary authority is not the inquiring suthcrity «copy of the Fopott of the incrairing authority ts findings on firther examination of witnesses, if auy, held ander sub-rale(1) (a) together with its own tentative reasons for disagrooment, if any, with Sndives of die authority on any srticle of charge to the Railway Servant, who shall be required to submit if he so desires, his written representation or subwnission to the muthowity within fifteen
: Gays, ifreapective of whether the report is fivourable or not to the Railway
{Cona]...2/-}
12,
: where the disciplinary authority has not accepted the advice of the Conmission, a brief statement
= cae . कि :
(b) shull consider ‘the representation if any, submitted by the Railway Servant and record its findings before proceeding further in the matter-as specified in sub-rules (3), {4} and (5).
(3) Where the disciplinery authority is of the opinion that the penalty warranted is such as is “Rot within its competence, be shall forward the records of the inquiry to the appropriate .
- disciplinary authority who shall act in the mamer as provided in these rules,
(4) If the disciptinary authority having regard to its findings on all or any of the article of "charge, is of the opinion that ay of the perulties specified in clauses (1) to (iv) of rule 6 should be imposed on the raihway servant, it shall, notwithstanding anything in
Provided that in every cave where it is necessary to consult. the Commission, the record of the inquiry shall be forwarded by the. disciplinary authority 10 the Coinmission for its advice and such advice shall be taken into consideration before making any order imdosing
(5) Lethe disciplinary authority, having regard to its findings.on all or any of the attickes of charge ard on the basis of the evidence adduced during the inquiry, 18 0 the opinion that 7" any of the penalties specified in clauses(v) to (ix) of nile 6 should be, imposed on the to give the railway servant any opportunity of making representation on the > penalty
Provided that in every case where i is necessary. to. consult the Commission, the record of ,..
In the said ruled, for rule 12, the following rule shall be substituted, siamisty :-
Comamnication of Ordets :
comtain its findings on each article of charge, shail be communicated to the Railway Servant Who shall also be supplied with a copy of the advice, if any, given by the Commission and,
नि व
‘of the reasons for such non-acceptance’.
mo दे a ; os a ONe: E(DRA)ET RG 6-151)
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