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| Type | VCRC archived Railway commercial circular / manual |
|---|---|
| Topic | staff-establishment |
| Archive source | vcrc.in |
divisions where the AENs do not enjoy a good reputation. Payments done for earthwork carried out beyond design profile should also be checked (ii) Checks should be conducted to find out whether day to day leasing is being
163 CHAPTER XII MISCELLANEOUS 1201. Role of E(O)I Branch of Railway Board in Vigilance related DAR cases: 1201.1 In all vigilance related disciplinary cases where Railway Board or the President is the disciplinary/appellate authority, E(O)I is the nodal branch for processing such cases as per procedure laid down in the Railway Servants (Discipline & Appeal) Rules, 1968. 1201.2 In cases where charged officer is of the level of SAG or above (excluding Members of Railway Board), Railway Board is the disciplinary authority (DA) right from the initiation of the disciplinary proceedings up to its finalization. Similarly in respect of cases involving initiation of departmental proceedings for cut in pension/gratuity against gazetted officers where President is the disciplinary authority, E(O)I is the nodal Branch. 1201.3 Procedure for Minor penalty proceedings: (a) After the Competent disciplinary authority decides to initiate disciplinary proceedings, E(O)I arranges issue of chargesheet to the charged officer. In respect of minor penalty proceedings, in case the charged officer wants to scrutinize the documents mentioned in the charge memorandum, the same are made available for inspection (depending on their relevance to the disciplinary case) to the charged officer through the concerned General Manager or through Vigilance Directorate of Railway Board. (b) After receipt of defence statement of the charged officer, case is submitted to the disciplinary authority for deciding whether in view of charged officer’s submissions he needs to be exonerated or punished. In case, it is decided to punish the officer, the nature of penalty is specified by the DA while passing the speaking order. (c) The disciplinary authority’s speaking order is conveyed to the charged officer by E(O)I through the concerned Railway/Production Unit. 1201.4 Procedure of Major penalty proceedings: (a) After the competent disciplinary authority decides to initiate disciplinary proceedings, E(O)I arranges issue of chargesheet to the charged officer. On receipt of defence statement by the charged officer denying the charges, E(O)I puts up the case to the disciplinary authority for decision whether disciplinary proceedings should be dropped at this stage by exonerating the officer, or to hold departmental inquiry to arrive at the truth or otherwise on the articles of charges. The disciplinary authority can also decide to impose a minor penalty on the charged officer if warranted based on the facts and circumstances of the case. 164 (b) If it is decided by the disciplinary authority to exonerate the charged officer or to impose only a minor penalty on him, the orders are communicated to the CO by E(O)I through the concerned Railway/Production Unit. (c) In cases where disciplinary authority decides to remit the case to inquiry, E(O)I shall arrange issue of appointment orders of Inquiry Officer (IO) and Presenting Officer (PO) with the approval of the disciplinary authority. (d) After receipt of IO’s report, the case is put up by E(O)I to the disciplinary authority for tentative acceptance or otherwise of the findings contained in the IO’s report. In case for any article of charge, the disciplinary authority deems fit to disagree with the IO’s findings, then a Disagreement Memo with the approval of the disciplinary authority is finalized and IO’s report along with disagreement memo is communicated to the charged officer for submission of representation thereon. In case where IO’s findings are not accepted as such by the disciplinary authority, the same is forwarded to the CO by E(O)I to enable him to submit his representation thereon. In appropriate cases, the DA may also remit the case for further inquiry and resubmission of a fresh report to him. (e) After receipt of charged officer’s representation on the IO’s report and disagreement memo, if any, E(O)I puts up the case to the disciplinary authority i.e., Railway Board for passing a speaking order and
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