No official Railway Board PDF has been traced for this entry yet. The text below was read from the document held in the library.
| Date | 2002-11-25 |
|---|---|
| Type | Commercial Circular |
| Topic | ticket-checking |
| Currency | Historical — likely superseded |
rules (6) to (25) of Rule 9 “Inquiring Authority” is the authority appointed by the Disciplinary Authority to
77
CHAPTER VIII
RELEVANT ASPECTS OF RAILWAY SERVANTS (DISCIPLINE & APPEAL) RULES,
1968 FOR VIGILANCE WORK
801.
Application of Discipline & Appeal Rules:
801.1
As defined in Rules 3 of Railway Servants (Discipline & Appeal) Rules, 1968, these
rules are applicable to all railway servants except:
(a)
any member of the All India Services;
(b)
any member of the Railway Protection Forces;
(c)
any person in casual employment; and
(d)
any other person as defined in Rule 3(1) (d) of Railway Servants (Discipline &
Appeal) Rules, 1968.
801.2
Notwithstanding anything noted above, the President may, by order, exclude any class
of railway servants from the operation of all or any of these rules.
802.
Appointing Authority:
802.1
“Appointing Authority” in relation to a railway servant is the highest authority as
defined in Rule 2 (1) (a) of the Railway Servants (Discipline & Appeal) Rules, 1968.
Note – The most important point is that, the appointing authority is the highest of the
four alternatives given in Rule 2(1)(a) of the Railway Servant (D&A) Rules, 1968. If
the authority, which actually appointed him is higher than the authority who is now
competent to appoint him, then the authority who actually appointed him is the
“Appointing Authority” in his case. Similarly, if the authority competent to appoint him
at the time of passing the orders is higher than the authority which actually appointed
him then the former would be “Appointing Authority” in his case. The gist of the
instructions contained in Board’s letter No. E(D&A)/2002/RG-6-36 dated 25.11.2002
may also be referred to.
802.2
General instructions as laid down in the Establishment Codes of Railways should be
observed while issuing appointment order by the competent authority. In no case should
the appointment orders be issued by an officer higher than the appointing authority.
802.3
Railway administration should notify a ‘Schedule of Power’ which should clearly
specify the authorities, authorised to make appointments in respect of each grade /
category of staff.
(Board’s letter No. E(D&A)2002/RG-6-36 dated 02/09/2003)
78
Clarification : Appointing authority in the event of missing records- Wherever no
records of appointment letters are available to indicate the actual Appointing Authority
in the case of non-gazetted staff, the General Manager should be treated as the
Appointing Authority.
{Board’s circular No. E(D&A) 63/RG 6-23 dated 21-2-64}
803.
Disciplinary Authority:
“Disciplinary Authority” is defined in Rule 2(1)(c) of Railway Servants (Discipline &
Appeal) Rules, 1968.
Note. – The “Disciplinary Authority” is to be determined with reference to the post
held by the accused at the time when the disciplinary proceedings for imposition of any
of the penalties, defined in Rule 6 of the Railway Servants (Disciplinary & Appeal)
Rules, 1968 – are to be initiated as also nature of penalty to be imposed and not in
relation to the post held by him at the time when the misconduct occurred. The
President may impose any of the penalties specified in Rule 6 of the Railway Servants
(Discipline & Appeal) Rules, 1968.
804.
Railway Servant:
“Railway Servant” is defined in Clause 43 of Rule 103 of Indian Railway
Establishment Code, Volume I - Fifth Edition, 1985 (Second Reprint Edition, 2003).
805.
Inquiry Authority:
“Inquiring Authority” is the authority appointed by the Disciplinary Authority to
inquire into the charges against a railway servant in terms of Rule 9 (2) of Railway
Servants (Discipline & Appeal) Rules, 1968.
806.
Protection of rights and privileges conferred by any law or agreement:
No provision of Railway Servants (Discipline & Appeal) Rules, 1968 shall operate to
deprive any railway servant of any right or privilege to which he is entitled :-
(a)
by or under any law for the time being in force;
(b)
by the terms of any agreement subsisting between such person and the Pres
Extract shown above; the full text is available in the search app.
Open this circular in the search app · Search all 4,025 documents