D&A Rules – Chairman or Member of Fact Finding Enquiry – Disciplinary Authority

No.E(D&A)63RG6-16, dated 23.12.1968

Sub: Authority who has acted as a member or chairman of the fact finding enquiry should not act as Disciplinary Authority.

A point has been raised weather an authority who has functioned as a Member or Chairman of the Fact Finding/ Accident Enquiry Committee can function as a disciplinary authority for the purpose of considering the explanation to charge sheet, ordering a departmental enquiry, holding a departmental enquiry itself or imposing the penalty within its own powers. The matter has been considered in consultation with the Ministry of Law and it has been held that if an officer while functioning as chairman or member of fact finding committee has already come to a conclusion and made recommendation that a particular railway servant is guilty, it would be difficult to expect him to approach the case with an open mind. Even more, the railway servant would apprehend that officer having expressed an earlier opinion, would not as a disciplinary authority depart from its own earlier finding and as such he may have a reasonable apprehension that he would not get a fair hearing. It would, therefore, not be correct for an authority who has already come to a conclusion regarding the guilt of an employee as chairman or member of a Fact Finding Committee to function as a disciplinary authority when there is a likelihood of major penalties being imposed.
(This disposes of Dy.CPO, SE Rly’s DO No.P/R/14/141/Pt.XII, dated 12th August, 1968).

Download Railway Board Circular dated 23.12.1968

Forward reference⇒RBE No.