D&A Rule No.11: Procedure For Imposing Minor Penalties

11.   Procedure For Imposing Minor Penalties:-

(1) Subject to the provisions of sub-clause (iv) of clause (a) of sub-rule (9) of Rule 9 and of sub-rule (4) of Rule 10, no order imposing on a Railway servant any of the minor penalties specified in clauses (i) to (iv) of Rule 6 shall be made except after;

(a) Informing the Railway servant in writing of the proposal to take action against him and of the imputations of misconduct or misbehavior on which it is proposed to be taken, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;

(b) Holding an inquiry in the manner laid down in sub-rules (6) to (25) of Rule 9, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;

(c) Taking the representation, if any, submitted by the Railway servant under clause (a) and the record of inquiry, if any, held under clause (b) into consideration;

(d) Recording a finding on each imputation of misconduct or misbehavior; and

(e) Consulting the Commission where such consultation is necessary.

(2) Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case, it is proposed, after considering the representation, if any, made by the Railway servant under clause (a) of that sub-rule to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension or special contribution to Provident Fund payable to the Railway servant or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-rules (6) to (25) of Rule 9, before making any order imposing on the Railway servant any such penalty.

(3) Deleted.

(4)   The record of the proceedings in cases specified in sub-rules (1) and (2) shall include:-

(i) A copy of the intimation to the Railway servant of the proposal to take action against him;

(ii) A copy of the statement of imputations of misconduct or misbehavior delivered to him;

(iii) His representation, if any;

(iv) The evidence produced during the inquiry, if any;

(v) The advice of the Commission, if any;

(vi) The findings on each imputation of misconduct or misbehavior; and

(vii) The orders on the case together with the reasons there for.