Appointing Authority: RBE No.85/2025 – Determination
No.E(D&A)2018 RG 6-11, dated 21.08.2025
Sub: Imposition of penalties of dismissal, removal or compulsory retirement – Determination of Appointing Authority – reg.
1. NFIR have raised the issue of imposition of penalties of dismissal, removal or compulsory retirement from service on Railway servants by incompetent authorities stating these authorities are relying on the ‘Schedule of Powers’ (SOPs) prepared with the approval of General Managers for exercising these powers though these SOPs are in Violation of Article 311 of the Constitution of India and directives issued by this Ministry on this matter.
2. Clause (1) of Article 311 of the Constitution of India provides as below:
“No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed”.
In due reference to the aforesaid Constitutional provision, Rule 2(1)(a) of Railway Servants (Discipline and Appeal) Rules, 1968 has been framed by the President in exercise of powers conferred under proviso to Article 309 of the Constitution and “appointing authority” in relation to a Railway servant has been defined therein as:
(i) the authority empowered to make appointments to the Service of which the Railway Servant is, for the time being, a member or to the grade of the Service in which the Railway Servant is, for the time being, included, or
(ii) the authority empowered to make appointment to the post which the Railway Servant, for the time being holds, or
(iii) the authority which appointed the Railway Servant to such Service, grade or post, as the case may be, or
(iv) where the Railway Servant having been a permanent member of any other Service or having substantively held any other permanent post, has been in continuous employment under the Ministry of Railways, the authority which appointed him to that Service or to any grade in that Service or to that post; whichever authority is the highest authority.”
3. In order that there is a clarity on determination of appointing authority for purpose of imposition of penalties of dismissal/ removal/ compulsory retirement, Railways may ensure that whenever an initial appointment is made or promotions are effected (from Group ‘D’ to Group ‘C’ or within Group ‘C’), the appointing authority designation is mentioned in the order.
4. Please ensure that penalties of dismissal/ removal/ compulsory retirement from service are imposed only by the appointing authority as detailed above.
5. These instructions may be given wide circulation. Kindly acknowledge receipt.
Download Railway Board Circular RBE No.85/2025
Forward reference ⇒ RBE No.