To Change the colour of the Background Click on the Button ...

1 To Change the colour of the Background Click on the Button below . master CIRCULARM aster circular No. 67 Important points to be kept in view by the disciplinary / appellate /Revisionary/ Reviewing Authorities and Inquiry Officers while handlingdisciplinary points to be kept in view by the disciplinary / appellate / Revisionary/Reviewing Authorities and Inquiry Officers while handling disciplinary cases - disciplinary Charge Transfer of Charged Official during pendency of disciplinary /criminal Points to be kept in view by Inquiry Action on Inquiry Action under Rule Departmental proceedings and Criminal Proceedings

2 After Retirement. master circular No. 67It is noticed that in many cases, the disciplinary proceedings get vitiated on account of failure tofollow the prescribed procedure. Some of the common mistakes which are committed by theDisciplinary/ appellate / Revisionary/ Reviewing Authorities and Inquiry Officers have beenbrought out in this brochure for guidance/information of all concerned. This is an attempt tocompile the gist of various rules, instructions, etc., issued in this regard from time to time. Whilereferring to this circular , the original letter referred to therein should be read for a properappreciation and in case of doubt, the original letter should be relied upon as only the important instructions on the subject have been included in this master circular ,some instructions might not have found place herein.

3 Instructions contained in circulars notincluded in the master circular , should not be deemed to have been superseded simply becauseof their RBE issues the master circular No. 67 You will be Redirected to master Circularautomatically. If the web Browser does not redirect you to master circular please Click here It is noticed that in many cases, the disciplinary proceedings get vitiated on account of failure tofollow the prescribed procedure. Some of the common mistakes which are committed by theDisciplinary/ appellate /Revisionary/Re viewing Authorities and Inquiry Officers have beenbrought out in this brochure for guidance/information of all concerned.

4 2. disciplinary Authority:a. The chargesheet should be issued by the appropriate disciplinary Authority prescribed inthe schedules. It is also essential that the chargesheet is signed by the DisciplinaryAuthority himself and not by any lower authority on his behalf .b. The provisions in Rule 8 have to be kept in view while ascertaining whether thechargesheet has been issued by the correct authority. In respect of non-gazetteddelinquent staff, a major penalty chargesheet can be issued only by an authority who iscompetent, as per the schedules, to impose on that Railway servant at least one of themajor penalties.

5 However, in respect of delinquent employee of gazetted rank, a majorpenalty chargesheet can also be issued by an authority who is competent to impose on thatdelinquent employee at least one of the minor penalties.(Rule 8(2) of RS(D&A) Rules.)c. disciplinary Authority would be with reference to the post held by the charged official atthe time of initiation of disciplinary action and not with reference to the post held by him atthe time the alleged misconduct occurred.(Board s letter No: E(D&A)84 RG6-42 dt. )d. While (a), (b) and (c) above refer to the level of the disciplinary Authority, the Authoritywho actually functions as disciplinary Authority can be none other than the one underwhose administrative control the delinquent employee works.

6 Also there can be only oneDisciplinary Authority for an employee, for an operating staff, who is under theadministrative control of Divisional Operating Manager (DOM), only the DOM can act asDisciplinary Authority, even if the misconduct pertains to violation of commercial rules orsafety rules and not Divisional Commercial Manager or Divisional Safety Officer.[Board's letters No. E(D&A)72RG6-13 E(D&A)94RG6-69 (RBE 82/97)]e. If the disciplinary Authority of a charged official is also involved in the same case then heshould not act as the disciplinary Authority in the said case.

7 The authority who is nexthigher in the hierarchy should act as the disciplinary Authority.(Board s letter No: E(D&A)90 RG6-123 dt. )f. The authority looking after the current duties of a post cannot exercise the disciplinaryfunctions assigned to the said post.(Board's letter No. F(E) 60 SA1/1 dt. )g. Authority who has acted as a member or Chairman of a Fact Finding Inquiry or AccidentInquiry should not act as disciplinary Authority because the Charged employee wouldapprehend that the officer having expressed earlier an opinion would not, as a DisciplinaryAuthority, depart from his own earlier finding.

8 He may not thus get justice. However, if thereport does not indicate a final opinion but only a view , prima facie, he can act as aDisciplinary Authority. A member or chairman of the Fact Finding Inquiry or AccidentInquiry cannot, however act as an Inquiry Officer in that case since the Inquiry Officershould be an authority who should not have prejudged the guilt, even provisionally at anearly stage.(Board s letter No. E(D&A)63 RG6-16 dt. read with letter ) 3. Charge Memorandum:a. The charges in a charge memorandum should be drawn up in clear and distinct articles ofcharges, separate for each alleged act of omission/commission.

9 The charges should bespecific and not vague. Where the charges are not entirely separate and distinct, it wouldbe more appropriate to combine the various elements of the charges into a single article ofcharge but in which the different elements are brought out The articles of charges and the statement of imputation in support of the articles ofcharges should not be identically worded. While the article of charge should be concise, thestatement of imputation should contain details, references etc. relating to the charges andshould generally give a clearer idea about the facts and circumstances relating to thealleged act of commission or omission.

10 Specific rules/instructions which may have beenviolated by the charged official should also be mentioned in the statement of Where intention is to bring out the gravity of the charge in a particular case due to the factthat punishments in the past have not resulted in better conduct on the part of the chargedofficial, then the previous record should be brought out in the chargesheet itself to enablethe charged official to defend himself with reference to these factors also. Otherwise, disciplinary Authority cannot take into account the previous misconducts while taking adecision in regard to the present case.