IREC Rule No.701: Law Suits Against Railway Servants Involving Legal Proceedings

701.  Law Suits Against Railway Servants Involving Legal Proceedings:-

(1)  A railway servant may be involved in legal proceedings in the following types of cases, viz., the cases in which acts are done;

(i)   In the execution or performance of the official duty,

(ii)    Not in the execution or the official duty, but by virtue of, or having connection with the official position, and

(iii)   In neither of the above capacities.

(2)  All claims for reimbursement of legal expenses falling under items (i) and (ii) above shall invariably be referred to the Railway Board for their consideration irrespective of whether or not in such cases the Railway Administration finds any justification for reimbursement of legal expenses. Cases falling under item (iii) may be those in which a person may be guilty of bribery, illegal gratification, corruption, etc, accepted or committed not by virtue of his official position but in his private dealings. No reimbursement will be admissible in such cases.

(3)   Normally, reimbursement of the fees of only one (or the senior) counsel should be considered. The fees should comprise of professional charges only and should ordinarily exclude other charges such as traveling allowance, clerkage, etc.

(4)  The Union Public Service Commission shall be consulted in regard to cases of type (i) of rule (1) above under article 320(3)(d) of the Constitution on any claim for a cost incurred by a railway servant in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his official duty.  In other cases of type (ii) above it is not obligatory to consult the Union Public Service Commission, though the Government may do so if considered necessary.

(5)   The General Manager may frame subsidiary rules prescribing the procedure to be followed by a railway servant in arranging for his defence. Failures to observe this procedure may result in the reimbursement of the legal expenses incurred by him being withheld.