D&A Rule No.19: Appellate Authorities

19.  Appellate Authorities:-

(1)    A Railway servant, including a person who has ceased to be in Railway service, may prefer an appeal against all or any of the orders specified in Rule 18 to the authority specified in this behalf either in the Schedules or, where no such authority is specified –

(i)  Where a penalty is imposed by a revising authority under Rule 25, to the authority to which it is immediately subordinate;

(ii) Where a penalty is enhanced, either in appeal or on revision, to the authority to which the authority making the order is immediately subordinate;

(iii) In the case of an appeal against an order specified in clause (iv) of Rule 18, relating to a rule, to the authority which appointed the appellant or the authority which made the rule to which the order under appeal relates, whichever of them may be the higher authority, and in the case of an appeal relating to an agreement, to the authority which appointed the appellant;

(iv) In case of an appeal against an order specified in clause (v) of Rule 18:-

(a) In respect of a Railway servant on whom the penalty of dismissal from service can be imposed only by the President, to the President; and

(b) In respect of any other Railway servant, to the authority to which the authority making the order is immediately subordinate.

(2)   Notwithstanding anything contained in sub-rule (1);

(i)  An appeal against an order in a common proceeding held under Rule 13, shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding, is immediately subordinate;

(ii) Where the person who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the authority to which such person is immediately subordinate:

Provided that in a case where the appellate authority is the Railway Board, the appeal shall be dealt with by any Member of the Railway Board, who has not made the order appealed against.

(3)  A Railway servant may prefer an appeal against an order imposing any of the penalties specified in Rule 6 to the President, where no such appeal lies to him under sub-rule (1) or sub-rule (2), if such penalty is imposed by any authority other than the President, on such Railway servant in respect of his activities connected with his work as an office bearer of an association, federation or union participating in the Joint Consultation and Compulsory Arbitration Scheme.