RBE No. 220/1990: Disciplinary action – Union Office Bearer

No.E(D&A)90 RG6-136, dated

Sub: Disciplinary action against the office bearers of Staff Associations/ Unions.

A copy of the Department of Personnel and Training’s Office Memorandum No.35014/2/89-Estt.(A), dated 10.10.1990 on the above subject is enclosed herewith. This may be brought to the notice of all concerned. Rule 24(3) and Rule 29 of the CCS (CCA) Rules, 1965 mentioned therein correspond to Rule 19(3) and Rule 25 respectively of the RS (D&A) Rules, 1968.

Department of personnel and training

OM No.35014/2/89-Estt.(A), dated 10.10.1990

OFFICE MEMORANDUM

Sub: Disciplinary action against the office bearers of Staff Associations/ Unions.

1.     The undersigned is directed to say that the staff side in the National Council (JCM) in its meeting held on 28.04.1990 had raised a point that the administrative authorities in some cases take disciplinary action against the representatives of the staff for some minor lapses of technical nature in their day-to-day work so as to victimize them for their activities as the office bearers of the Staff Associations/ Unions. 

2.     The Government servants who are office bearers of the Staff Associations are subject to the provisions of Conduct and Disciplinary Rules like all other Government servants. However, if a Government servant feels that he is being penalized for any act done by him which directly or indirectly connected with his position as an office bearer of an association, he can prefer an appeal against such action directly to the President in terms of Rule 24(3) of the CCS (CCA) Rules, 1965 bringing forth the reasons which may establish the nexus between the disciplinary action taken against him and his activities as office bearer of an Association. If the contention of an office bearer of an Association that his case is covered under the provisions of Rule 24(3) ibid is not accepted and his appeal is decided by some lower appellate authority, it would still be open for the Government servant concerning to seek revision of his case by the President in terms of Rule 29.

3.     Ministry of Agriculture etc. are requested to bring the above rule position to the notice of all administrative authorities under their control.

Download Railway Board Circular RBE No. 220/1990

Forward reference ⇒ RBE No.