D&A Rules – Undergone penalty – Case can be Reopened – To Enhance Penalty

No.E(D&A)71RG6-18, dated 12.12.1972

Sub: Question whether a case, where an employee has already undergone a penalty, can be reopened with a view to enhance the penalty.

1. Attention is invited to Bard’s letter No.E55RG6-14, dated 29.02.1956 (copy enclosed) on the above subject. It has been stated therein that even in a case where, for example, an employee has already been punished with the stoppage of privilege passes and has already undergone the punishment, the competent authority can still impose on him a higher penalty, which may be a fresh one and not necessarily a prolongation of the original penalty.
2. The Board desire there that in cases where an employee has already undergone the original penalty in whole or in part, this fact should be taken into account by the reviewing/ appellate authority when deciding upon the higher penalty so that un-intended hardship is not caused to the employee. Alternatively, the feasibility of cancelling the original penalty while imposing the higher penalty may be considered.

Download Railway Board Circular dated 12.12.1972

Forward reference⇒RBE No.