D&A Rules: Action When Disciplinary Authority himself involved in the Same Case

No.E(D&A)90 RG6-123, dated 09.11.1990

Sub: Procedure to be followed in cases where the disciplinary authority of a railway servant facing DAR is himself involved in the same case.

1. A case has recently come to notice on one of the Railways in which a Gangman was taken up for major penalty proceedings. The service of the charge sheet and issue of orders appointing Inquiry Officer/ Presenting Officer were done by the disciplinary authority of the Gangman i.e. AEN concerned. The AEN who initiated disciplinary proceedings against the Gangman was, however, himself involved in the same case and was also facing major penalty proceeding. It was therefore not appropriate on his part to have initiated the disciplinary proceedings against his subordinate.

2. It is desired that in cases of this nature, whenever it is noticed that the Disciplinary Authority of a Railway Servant is himself involved in the same case, he should not act as the Disciplinary Authority for the Railway servant concerned, but the matter should be dealt with at all stages by the next higher authority in the hierarchy. Thus, in the case in question where the AEN and the Gangman were involved in the same case, disciplinary proceedings against the Gangman should have been initiated and processed by the authority next higher to the AEN i.e. DEN or Sr.DEN, as the case may be.

3. These instructions may be brought to the notice of all concerned for strict compliance.

Please acknowledge receipt.

Download Railway Board Circular dated 09.11.1990                                             

Forward reference ⇒ RBE No.