D&A Rule No.14: Special Procedure In Certain Cases
14. Special Procedure in Certain Cases:-
Notwithstanding anything contained in Rules 9 to 13 –
(i) Where any penalty is imposed on a Railway servant on the ground of conduct which has led to his conviction on a criminal charge; or
(ii) Where the disciplinary authority is satisfied, for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules; or
(iii) Where the President is satisfied that in the interest of the security of the State, it is not expedient to hold an inquiry in the manner provided in these rules; the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:
Provided that the Railway servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case falling under clause (i) above:
Provided further that the Commission shall be consulted before any orders are made in any case under this rule where such consultation is necessary.
[Ref: RBE No.133/2017, No.E(D&A)2017 RG6-21, 18.09.2017]
What is the duration of enquiry compite in case sf5 . Charged rail servent is absent from long time . Not received any letter and no any informatiin gevin to rail
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No time limit is prescribed in D&A Rules however, model time schedule is circulated by the Railway Administration – 470 days for CVC/CBI cases, 365 days for Rly. Vigilance cases & 150/205 days for Departmental cases.
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Penalty is imposed by DA on a railway employee after completion of inquiry by the inquiry officer. Charged official being penalized by DA and to take revenge, makes a police complaint against the inquiry officer alleging harassment and humiliation during the proceedings. In the court of law, the accused (Inquiry Officer) is acquitted as the charged official fails to submit evidences against the inquiry officer. In such case, is there any provision to initiate action against a railway employee (charged official) for making a false and baseless police complaint against inquiry officer ? Please let me know.
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Charged Official can be taken up for exhibiting unbecoming conduct under Rule 3.1(iii) of Railway Services (Conduct) Rules, 1966.
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If could not delivered the sf-11 memorandum
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Your query is incomplete, hence unable to reply. Please make complete query.
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What action can be taken against a Trainee Jr. Engineer who is absenting himself unauthorisedly from his prescribed training period.
Can an officer ranked Assistant Divisional Engineer IRSE can issue SF-5 to Employee of GP.2800/- as a DA? If given then who can be appointed as an inquiry officer? In this case can the DA himself be the inquiry officer? Please answer all my 3 questions. Thank you.
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(i) Please see Schedule-II appended to D&A Rules for competency of ADEN.
(ii) IO cannot be higher in rank than DA and also can not be lower in rank than CO, see Rule 9 of D&A Rules, and
(iii) Yes, DA can hold inquiry himself also, see Rule 9 of D&A Rules.
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