RBE No. 126/1997: Promotion – On Exoneration of Charges
No.E(D&A)97 RG6-27, dated 01.10.1997
Sub: Promotion and consequential benefits to the employees exonerated of the charges after retirement on superannuation.
1. One of the demands of the Staff side in the JCM/DC meeting held on 27/28.06.1997 was that the benefits of promotions which are withheld during the pendency of the disciplinary proceedings against the concerned employee should not be denied to them in cases where the disciplinary proceedings were finalized after their retirement and they were accelerated of the charges and also in cases where they were exonerated of the charges before retirement but orders of promotion could not be issued during their service period.
2. Board have considered the above matter. Attention of the Railway Administrations is drawn to Board’s letter No.E(D&A)92 RG6-149(A), and No.E(D&A)92 RG6-149(B), both dated 21.01.1993 (RBE No. 13/1993 and RBE No. 14/1993) which prescribe the procedure for promotion of employees against whom disciplinary proceedings etc. are pending.
3. In terms of the above instructions, the employee, who is exonerated after finalization of the disciplinary proceedings, is to be promoted on his turn. The due date of his promotion is determined with reference to his position in the panel/ suitability list. If his junior has already been promoted, he should be granted notional promotion with effect from the date of promotion of the junior and granted proforma fixation of pay in the higher grade. The competent authority has also to consider his case for grant of arrears for the period of notional promotion in the light of the position brought out in para 3 of the above instructions.
4. With reference to the points raised in the JCM(DC) meeting, Board desire to clarify that the above instruction do not make any distinction between cases of exoneration before or after retirement. An employee whose promotion was withheld on account of pending disciplinary/ judicial proceedings and who has subsequently been exonerated has to be given notional promotion from the date he becomes due for such promotion even if the employee has retired from service. For the period of notional promotion, his case for grant of arrears has also to be considered. While in the case of a serving employee that period will be the intervening period from the date of effect of notional promotion to the date of actual promotion, for a retired employee, this intervening period will be from the date of effect of notional promotion to the date of his retirement. The arrears of pay, whichever granted and the extent thereof, will also count for calculation of pensionary benefits of the employee concerned.
5. Board desire that the above clarification may be kept in view while considering the cases of railway employees who are exonerated of the charges after finalization of the disciplinary proceedings etc. pending against them.
Download Railway Board Circular RBE No. 126/1997
Forward reference ⇒ RBE No. 46/1999