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SER questions regarding D&A

· 2019-09-21
Historical — likely supersededCircularticket-checking
Historical — likely superseded. This circular predates 2020 and has probably been replaced. Treat it as a record of what the rule was, not what it is. The official Railway Board PDF always prevails over anything shown here.

No official Railway Board PDF has been traced for this entry yet. The text below was read from the document held in the library.

Date2019-09-21
TypeCorrigendum
Topicticket-checking
CurrencyHistorical — likely superseded

Summary

A charge memorandum was issued on 15.09.2019 alleging that UTS tickets

Text of the circular

Dear Sir,
Points for Clarification under the Indian Railway Disciplinary and Appeal (D&A) Rules:
1.
Is it permissible under the D&A Rules to issue a corrigendum modifying the
charge sheet misconduct date from 21.06.2019 to 11.09.2019 after the inquiry process has
been
completed
in
SER,
the
penalty
imposed
by
the
Disciplinary
Authority
(DA)
Dy.CEnHM/Mech/SER,
and
the
punishment
upheld
by
the
Appellate
Authority
CEnHM/Mech/SER, while the revision application ( along with seven reminders ) is still
pending before the Revision Authority i.e GM/SER?
2.
Is it permissible for a Disciplinary Authority (DA) Sr.DCM/MYS to keep an
employee under suspension for 226 days without any approved extension?
3.
Can a DA issue a Minor Charge Memorandum (SF-11) during the suspension
period of the employee?
4.
If a DA keeps an employee under suspension for 226 days without any
approved extension and imposes two Minor Penalties (SF-11), should the suspension period
be treated as duty or Leave Without Pay as per the D&A Rules?
5.
Is it permissible under the D&A Rules for a DA to issue a Charge
Memorandum (SF-5) based solely on suspicious grounds?
6.
Can an Inquiry Officer proceed with an inquiry process against an employee
when the charge sheet is issued based on suspicious grounds?
7.
What is the prescribed time limit under the D&A Rules for recommending the
issuance of a Charge Memorandum after a Vigilance Inspector identifies misconduct?
Actions by the Vigilance Inspector and Related Events:
1.
First Charge Memorandum issued by Sr.DCM/MYS : served without complete
RUD’s on 15.09.2019.
•
A charge memorandum was issued on 15.09.2019 alleging that UTS tickets
were found at the SBC TC office during a Vigilance check on 21.09.2019.
•
The DA made four allegations: misuse of UTS tickets, printing counterfeit
tickets, issuing them to passengers, and benefiting financially from passengers.
•
During the inquiry process, it was established that:
•
The ticket issuance time, your duty time, and the passenger travel time did
not match.
•
The ticket numbers were inserted by someone else, marked as “last entry,”
and the handwriting is completely different.

•
The same UTS ticket numbers were recorded in the Ticket Collect Register
for the same train, indicating counterfeit tickets were circulating in SWR.but the IO provided
the all charges blindly and the DA imposed the NIP as two stages down.
2.
Actions by the Vigilance Inspector:
•
The Vigilance Inspector threatened you with a penalty (two years’ increment
reduction) and advised against appealing the punishment. Despite this, I approached the
Appellate and Revision Authorities because I did not commit the alleged misconduct.
3.
Second Charge Memorandum issued by Dy.CCM/PS/SER:
•
The same Vigilance Inspector recommended another charge memorandum
on 10.12.2024, alleging that tickets dated 21.09.2019 were collected from a “source of
information” and deemed suspicious.
•
Notable details:
•
The
first
charge
memorandum
involved tickets dated 11.09.2019 and
13.09.2019.
•
The second charge memorandum involved tickets dated 21.09.2019.
•
On 29.09.2019, the Vigilance Inspector recorded my statement about five
counterfeit UTS tickets dated 21.09.2019, but these tickets were not included in either
charge memorandum.
•
The Vigilance Inspector allegedly visited my hometown on 29.09.2019 (while I
was on duty), he blackmailed me for a bribe, and is now threatening to recommend yet
another charge memorandum against me.
It is important to note that, in the letter addressed by the APO/SER Reference from
Sr.DCM/Mysore, to the Disciplinary Authority/SER (DA), it is explicitly mentioned: “I,
Sri K. Vinod Kumar, while working as Commercial Supervisor at Nanjangud Town
Railway Station under Mysuru Division, was engaged in fraudulent usage of UTS
tickets and was caught red-handed during a preventive check conducted by the
Vigilance Branch of South Western Railway.” This statement is completely false and
does not reflect the actual fact

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