No official Railway Board PDF has been traced for this entry yet. The text below was read from the document held in the library.
| Type | Commercial Circular |
|---|---|
| Topic | ticket-checking |
| Currency | Currency not verified |
rule to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension or special contribution to Provident Fund payable to the Railway Servant or to withhold increments of pay for a period exceeding three years or to withhold increments with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-rules (6) to (25) of Rule 9,…
PRACTICAL GUIDE TO DISCIPLINE & APPEAL RULES MAY 30, 2012 The Railway Servants ( Discipline & Appeal) Rules 1968 1. Introduction:- Constitutional Provisions : Article 309 of the Constitution. Under Article 311(1) no civil servant shall be removed or dismissed from service by an authority subordinate to the authority who appointed him. Under Article 311(2) no civil servant shall be removed or dismissed from service or reduced in rank without an inquiry in which he is informed of the charges against him and is given a reasonable opportunity to be heard about the charges. 2. Application:- Rule 3 (1) These rules shall apply to every Railway Servant, but shall not apply to – (a) any member of the All India Service, (b) any member of the Railway Protection Force, (c) any person in Casual employment. 3. Principles of Natural Justice: There are two corner stones of Natural Justice. (i) No one should be judge in his own cause.(“ nemo judex in causa sua”) (ii) Decision after reasonable hearing or Hear the other side ( “audi alteram partem” ) The Railway services (conduct) Rules 1966, form the benchmark of how Railway Servants should conduct themselves in official arena. Every Railway servant shall maintain at all times Railway services (conduct) Rules 1966. Rule 3 (1) (i) Absolute integrity Rule 3 (1) (ii) Devotion to duty Rule 3 (1) (iii) Do nothing which is unbecoming of a Railway servant. Breach of Conduct Rules lead to disciplinary action under RS(D&A)Rules 1968. 4. Drafting of Charge Memorandum: 1. (i) Each charge should be in express, clear and precise terms and not in vague terms. (ii) Separate charge for each allegation, (iii) Multiplication or splitting up of charges on the same basis or the same allegation should be avoided. (iv) The wording of charge sheet should not appear as expression of opinion as to the guilt of the accused. (v) The charge should not relate to matter which has already been the subject matter for an inquiry and decision. (vi) Violation of extant rules / orders only should be referred and not those which have been overruled. b. The articles of charges and the statement of imputations in support of the articles of charges should not be identically worded. While the article of charge should be concise, the statement of imputation should contain details, references etc. relating to the charges and should generally give a clearer idea about the facts and circumstances relating to the alleged act of commission or omission. Specific rules/instructions which may have been violated by the charged official should also be mentioned in the statement of imputation. Where intention is to bring out the gravity of the charge in a particular case due to the fact that punishments in the past have not resulted in better conduct on the part of the charged official, then the previous record should be brought out in the Charge Memorandum itself to enable the charged official to defend himself with reference to these factors also. Otherwise, Disciplinary Authority cannot take into account the previous misconducts while taking a decision in regard to the present case.(Board’s order No. E(D&A)68 RG6-37 dt:23.9.68) The list of documents by which and the list of witnesses by whom the charges are proposed to be sustained should be comprehensive and drawn up with due care taking into account the relevance of each document/witness in establishing the articles of charges, their availability and ease of being produced during the inquiry etc. If the Charged Official desires to inspect the original documents, this should invariably be allowed. ( Para 2 of standard form No.2 ) 5. Basic documents need to be procured and placed in Annexure III. (a) Absentee cases: An attested copy of Attendance Register, Monthly Absentee Statement, copy of salary bills, warning memos issued if any, representations received from sections etc. In Gazetted ca
Extract shown above; the full text is available in the search app.
Open this circular in the search app · Search all 4,025 documents