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rule (1) and (2) of Rule 5 of the RS(D&A) Rules, 1968
Circularstaff-establishmentOpen the third-party archive copy
| Type | VCRC archived Railway commercial circular / manual |
|---|---|
| Topic | staff-establishment |
| Archive source | vcrc.in |
Summary
rule (1) and (2) of Rule 5 of the RS(D&A) Rules, 1968 railway servant should continue to remain under suspension or the suspension
Text of the circular
50 CHAPTER VI SUSPENSI0N 601. Suspension: 601.1 A railway servant is said to be under suspension when he is debarred from exercising the powers and discharging the duties of his office for the period the order of suspension remains in force. 601.2 Suspension is not a penalty under the D&A Rules. 602. Competent Authority: (i) The authorities who are competent to place a Railway Servant under suspension are specified in Schedules I, II & III appended to the Railway Servants (D&A) Rules, 1968. However, in exceptional circumstances, any authority specified in any of the Schedules may place any subordinate railway servant specified therein, under suspension, provided that where any action is taken under the foregoing proviso the authority concerned shall forthwith report to the authority competent to place such railway servant under suspension, the circumstances in which the order was made and obtain his approval. Explanation-For the purposes of this rule, in respect of a railway servant officiating in a higher post, the competent authority shall be determined with reference to the officiating post held by such railway servant at the time of taking action. (Rule 4 of the RS (D&A) Rules, 1968) (ii) Where the order of suspension is made by an authority lower than the competent authority in terms of the proviso to Rule 4 of the RS (D&A) Rules,1968, a copy of such orders should be sent to the competent authority for information, alongwith a separate covering letter giving details of the case and the reasons for suspension. (Board’s letter No. E (D&A) 66 RG6-7 dated 7.9.70.) (iii) Whenever a railway servant is under suspension and any other case is initiated against him, necessitating his suspension in that case also, the competent authority should pass another order to this effect in accordance with Rule 5 (5) (b) of the RS (D&A) Rules, 1968, so that in the event of, the reinstatement of the railway servant in one case, the facts of the latter case can also be taken into account while regulating the period of suspension. 51 (iv) Suspension of Railway Servants lent to or borrowed from Central or State Government etc.: These circumstances are governed by the provisions of Rules 15 and 16 of the RS (D&A) Rules, 1968. 603. Circumstances for suspension: Circumstances under which suspension is resorted to have been indicated in Rule 5 of RS (D&A) Rules, 1968. In addition, the guiding principles indicated in para 604 below may be kept in view. 604. Guiding Principles for Suspension: 604.1 A railway servant may be placed under suspension when disciplinary proceedings against him are contemplated or are pending or where, in the opinion of the competent authority, he has engaged himself in activities prejudicial to the interest of the security of the State or when a case against him in respect of any criminal offence is under investigation, enquiry or trial. 604.2 The suspended railway servant retains a lien on the permanent post held by him substantively at the time of suspension and does not suffer a reduction in rank. However, suspension may cause a lasting damage to the railway servant’s reputation even if he is exonerated or is ultimately found guilty of only a minor misconduct. The discretion vested in the competent authority in this regard should therefore, be exercised with care and caution after taking all factors into account. 604.3 It may be considered whether the purpose would not be served if the officer was transferred from his post. If he would like to have leave that might be due to him and if the competent authority thinks that such a step would not be inappropriate, there should be no objection to leave being granted instead of suspending him. 604.4 Public interest should be the guiding factor in deciding to place a railway servant under suspension and the competent authority should have the discretion to decide this taking all factors into account. However, the following circumstances are indicated in w
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