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Need for issuing ‘Reasoned’ and Speaking Orders by Disciplinary/Appellate Authority in Discipline and Appeal cases. (official digest)

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Official Railway Board digest, not the complete circular. Need for issuing ‘Reasoned’ and Speaking Orders by Disciplinary/Appellate Authority in Discipline and Appeal cases.

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Need for issuing ‘Reasoned’ and Speaking Orders by Disciplinary/Appellate Authority in Discipline and Appeal cases. (official digest)

RBE No. 168/2002 Date: 2002-09-24 Official source: https://indianrailways.gov.in/railwayboard/uploads/directorate/establishment/order_july-sep.jsp

Official Railway Board digest - gist only, not the complete circular.

Reference: E(D&A)2002/RG6-27 dt. 24.9.2002

Need for issuing ‘Reasoned’ and Speaking Orders by Disciplinary/Appellate Authority in Discipline and Appeal cases. CAT/Allahabad Bench have brought to notice of this Ministry, a disciplinary case handled on a railway, where the tribunal have to quash the orders of both the Disciplinary and Appellate Authorities because these orders were cryptic and non speaking ones. The judgement of the CAT brings out that the order of the Appellate Authority in the case was practically a single line order stating that the ‘grounds of appeal are unsatisfactory and punishment stands’. Further, the Tribunal pointed out that the orders of the Disciplinary Authority were also issued on a printed form where not only a few lines were left for the Disciplinary Authority to record the reasons for its orders, but it was also printed on this form that – “I do not find your representation to be satisfactory due to the following reasons ……. I, therefore, hold you guilty of the charges”. This printed form was considered highly objectionable by the Tribunal as it pre-empts that all explanations submitted by the charged official shall be found to be unsatisfactory irrespective of what the charged official states in his defence. The Tribunal also observed that the referred case is not an isolated one and there is a general trend on the railways not to pass detailed speaking orders while imposing punishments or while disposing of appeals/revision against the punishments. It is advised that while exercising disciplinary powers, the Disciplinary and Appellate Authorities etc perform quasi-judicial functions. The need for passing “reasoned and speaking orders” by them thus hardly needs to be emphasized. Attention in this connection is also invited to Board’s letters No. E(D&A)78 RG 6-11 dated 3.3.1978, No. E(D&A)86 RG 6-1 dated 20.1.1986, No. E(D&A)86 RG 6-4 dated 5.8.1988 and No. E(D&A)91 RG 6-122 dated 21.2.92 in which the need for Disciplinary/Appellate Authorities to issue self-contained “speaking” and “reasoned” orders was impressed upon. Instructions contained in these letters should be widely circulated on your railway and their compliance ensured in future cases. Railways should also forthwith discontinue the practice, if any, on their system of passing disciplinary orders in printed forms as these printed forms militate against the very concept of passing of “reasoned and speaking orders” in disciplinary cases.

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