RBE No.46/1999: Promotion – Cases where D&A Proceedings Finalized After Retirement
No.E(D&A)98 RG6-44, dated 16.03.1999
Sub: Promotion to employees, disciplinary proceedings and respect of whom are finalized after their retirement from service with communication of Government’s displeasure.
1. Attention of the Railways is drawn to the instructions contained in Board’s letter No.E(D&A)97 RG6-27, dated 01.10.1997 (RBE No. 126/1997), in terms of these instructions, an employee whose promotion was withheld on account of pending disciplinary/ judicial proceedings and who retires from service while the case is still pending is eventually exonerated he would become entitled to notional promotion from the date he was due for such promotion. For the period of notional promotion, his case for grant of arrears has also to be considered.
2. It is clarified that the term ‘exoneration’ referred to in the above letter means complete exoneration. In cases where disciplinary proceedings initiated against the railway employees while they were in service are finalized after their retirement from service with the communication of ‘Government’s displeasure’ to them it will not be held that the proceedings have resulted in dropping of allegations or that the railway employees have been completely exonerated. Since communication of Government’s displeasure in such cases implies that some blame is attached to the charged official, cases of such retired Railway employees would be equated to those of serving Railway employees on whom minor penalties have been imposed and the case of such retired Railway employees for promotion will be dealt with in terms of the extant instructions on the subject contained in Board’s letter No.E(D&A)/92 RG6-149(A), 21.01.1993 (RBE No. 13/1993) and No.E(D&A)/92 RG6-149(B), 21.01.1993 (RBE No. 14/1993).
3. It is reiterated that if the disciplinary proceedings are finalized before retirement it is not permissible to issue ‘Warning’ or ‘Government’s displeasure’ to Railway employees as a result of such proceedings in terms of extant instructions contained in Boards letters dated 21.01.1993 (RBE No. 13/1993 & RBE No. 14/1993) referred to above.
Download Railway Board Circular RBE No. 46/1999
Forward reference ⇒ RBE No.
In the case where despite of having given several opportunity,to the department by the court they failed to conclude the case and due to the reason the court quashed the proceeding,should the department treat it exoneration or not if not then what ?
Waiting for your reply.