D&A Rules – Appointing Authority – Clarification

No.E(D&A)76RG6-49, dated 23.08.1977

Sub: Discipline and appeal rules – “Appointing Authority” of staff in relation to imposition of penalties of dismissal/ removal/ compulsory retirement – Clarification.

1. Reference board’s letter No.E(D&A)63RG6-23, dated 21.02.1964 wherein the Board had decided that in cases where records or appointment letters to show the actual appointing authority are not available the General Manager should be treated as the “Appointing Authority” and it would not be safe to follow any other course.
2. Consequent upon a decision of the Calcutta High Court on 16.07.1976 in FMA No.1022 of 1975 dismissing the appeal of the Eastern Railway against the judgement dated 02.09.1974 of the Single Judge of Calcutta High Court quashing Eastern Railway’s order of removal from service served on Shri P.C. Chaudhary and other class III staff, inter alia, on the ground that the expression “whichever authority is the highest authority” appearing below rule 2(1)(a) of Railway Servants (Discipline and Appeal) Rules, 1968 applies with all force to all the sub-clauses (i), (ii), (iii) & (iv) thereby providing that of the authorities making appointments of Railway servants to the service or grade or post, the highest authority among them shall be the appointing authority, the Board have considered the matter. It is clarified that delegation may serve the purpose only so long as the employee is not in a position to prove that he was not actually appointed by any higher authority in spite of the delegation. In other words, in spite of the delegation, if an authority higher than the authority to which powers have been subsequently delegated has actually made the appointment, it would be the function of that appointing authority to dismiss/ remove or compulsory retire the employee.
3. This disposes of Eastern Railway’s letter No.E.308/0 Vol-II, dated 8th November, 1976.

Download Railway Board Circular dated 23.08.1977

Forward reference⇒RBE No.