D&A Rule No.18: Orders Against Which Appeal Lies

18.   Orders Against Which Appeal Lies:-

Subject to the provisions of Rule 17, a Railway servant may prefer an appeal against all or any of the following orders, namely:-

(i)  An order of suspension made or deemed to have been made under Rule 5;

(ii)   An order imposing any of the penalties specified in Rule 6 whether made by the disciplinary authority or by an appellate or revising authority;

(iii)  An order enhancing any penalty imposed under Rule 6;

(iv)  An order which:-

(a) Denies or varies to his disadvantage his pay, allowances, pension, Provident Fund benefits, service gratuity or other conditions of service as regulated by rules or by agreement; or

(b) Interprets to his disadvantage the provisions of any such rule or agreement;

(v)   An order:-

(a) Stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;

(b) Reverting him while officiating in a higher service, grade or post to a lower service, grade or post otherwise than as a penalty;

(c) Reducing or withholding the pension or denying the maximum pension admissible to him under the rules, if he is a pensionable Railway servant;

(d) Reducing or withholding the Government contribution to Provident Fund and Special Contribution to Provident Fund or Gratuity admissible to him under the State Railway Provident Fund Rules, and Gratuity Rules, if he is a non-pensionable Railway servant;

(e) Determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;

(f) Determining his pay and allowances:-

(i)  For the period of suspension, or

(ii) For the period from the date of his dismissal, removal or compulsory retirement from service to the date of his reinstatement;

(g) Determining whether or not the period from the date of his suspension or from the date of his dismissal, removal or compulsory retirement to the date of his reinstatement shall be treated as a period spent on duty for any purpose.

Explanation:- In this rule;

(i) The expression ‘Railway servant’ includes a person who has ceased to be in Railway Service;

(ii) The expression ‘pension’ includes additional pension, gratuity and any other retirement benefit.