Cases of Absconding: D&A Procedure

No.E(D&A)90 RG6-34, dated 18.04.1990

Sub: Disciplinary procedure to be followed in cases of un-authorized absence from duty/ headquarters or cases of absconding.

1. In Board’s letter No.E(D&A)83 RG6-47, dated 30.08.1984, it was clarified, on the basis of interpretation of sub-rules (7) and (23) of Rule 9 of the RS(D&A) Rules, 1968, that in cases of unauthorised absence from duty/ headquarters or cases of absconding, if the charge memorandum sent to all available addresses are returned undelivered, recourse should be bad to the provisions of Rule 14(ii) of the RS(D&A) Rules, 1968. These guidelines were issued after consultation with Department of Personnel.

2. The above mentioned guidelines have been reviewed in consultation with the Deptt. of Personnel in the light of certain recent pronouncement by the Central Administrative Tribunal and also in the light of the observation made by the Supreme Court in Tulsiram Patel’s case.

3. As mentioned in item (b) of para 3(ii) of Legal Advisor’s note, enclosed with Railway Board’s letter no.E(D&A)85 RG6-72, dated 06.02.1986, the Supreme Court had made the following observations:-

“It will also not be reasonably practicable to afford to the civil servant an opportunity of a hearing or further hearing, as the case may be, when at the commencement of the inquiry or pending it, the civil servant absconds and cannot be served or will not participate in the inquiry. In such cases, the mater must be proceed ex-parte and on the materials before the disciplinary authority.”

4. It is now clarified that the provisions of Rule 14(ii) of the RS(D&A) Rules may not be resorted to where it becomes necessary to proceed in an ex-parte manner against charged Railway servants who are absconding or are on unauthorised absence and the charge sheets are returned undelivered. In such cases, while conducting the ex-parte proceedings, the entire gamut of the enquiry has to be gone through. The notices of all hearings must be served on the charged officer or communicated to him. The notices to witnesses should be sent, the documentary evidences should be produced and marked, the Presenting Officer if one is appointed should examine the prosecution witnesses and the inquiring authority may put such questions to the witnesses as it thinks to be fit. The enquiring authority should record the reasons why he is proceeding ex-parte and what steps he had taken to ask the accused official to take part in the enquiry and avail of all the opportunities available under the provisions of Rule 9 of the RS(D&A) Rules. In such a case, the details of what has transpired in his absence, including depositions, should be furnished to the accused officer. During the course of enquiry, the accused is free to put in appearance and participate in the enquiry. If the accused appears in the enquiry when some business has already been transacted, it is not necessary to transact the same business again unless the accused official is able to give justification to the satisfaction of the Inquiry Officer for not participating in the enquiry earlier. The competent disciplinary authority may thereafter proceed to pass final orders after following the prescribed procedure.

5. In view of the fresh clarification given in this letter, the Board’s letter no.E(D&A)83 RG6-47, dated 30.08.1984 may please treated as cancelled.

Please acknowledge receipt.

Download Railway Board Circular dated 18.04.1990                                             

Forward reference ⇒ RBE No.