D&A Rules: RBE No.02/2023 – Safety Related Disciplinary Cases
No.E(D&A)2022 RG6-17, dated 02.01.2023
Sub: Procedure for dealing with safety related disciplinary cases.
Attention is invited to instructions issued by Railway Board under letter no.E(D&A) 2003 RG6-5, dated 19.02.2003 RBE No.36/2003 on the subject matter. As a period of two decades have passed, it has been considered necessary that these instructions be reiterated for ensuring strict compliance thereof. Accordingly, all Zonal Railways/ Production Units etc. are advised to ensure that contents of the aforesaid instructions dated 19.02.2003 (RBE No.36/2003) are scrupulously adhered to in safety related disciplinary cases. A copy of the aforementioned RBE No.36/2003 is enclosed herewith for ready reference.
No.E(D&A)2003/RG6-5, dated 19.02.2003 (RBE No.36/2003)
Sub: Procedure for dealing with safety related Disciplinary cases.
One of the essential measures to improve safety is to ensure that exemplary punishment is given to railway servants found guilty of violating safety rules/ norms or causing accidents. It is also necessary that different departments adopt uniform punitive action, which can be ensured only if such actions are monitored at appropriate level. Further, it is also observed that railway servants found responsible for causing accidents or violating safety norms are dealt with by concerned authorities as laid down in Railway Servants (Discipline and Appeal) Rules, 1968. However, there are instances where the punishment imposed on the railway servant found guilty of violating safety rules/ norms or causing accidents has been found to be inadequate.
Board have considered the matter in detail and have observed that there is an urgent need to empower the Safety department so that the disciplinary cases of Railway Servants found guilty of causing accidents or violating safety norms/ rules related to maintenance and operation not necessarily leading to accidents are properly dealt with. Board have therefore decided that in such disciplinary cases, the following procedure should be adopted:
(i) Based on the recommendation of the Safety department for initiation of disciplinary proceedings, the Disciplinary Authority should initiate disciplinary proceedings by way of issue of charge sheet etc.
(ii) The disciplinary proceedings should be concluded in accordance with the provisions laid down in the Railway Servants (Discipline and Appeal) Rules, 1968 and the Disciplinary Authority may impose any punishment after full application of the mind, if the same is in conformity with the advice/ suggestion given by Safety department. It is hereby emphasized that the Disciplinary authority should strive to remove/ reduce areas of disagreement, if any, by mutual consultation/ discussions.
(iii) In case the Safety department has recommended a major penalty and the Disciplinary Authority proposes to exonerate or impose a minor penalty, the Disciplinary Authority should first record his provisional order and then consult Safety department. Reasons for disagreement should be recorded and communicated to Safety department. Consultation will be only once and if even after this the Disciplinary Authority is not in agreement with the views of the Safety department, then the Disciplinary Authority is free to proceed and pass speaking orders for imposing the penalty. In all cases, a copy of the Notice Imposing Penalty (NIP) must be sent to the Safety department, who may close the case, if its views have been accepted or if it is satisfied with the conclusions drawn by the Disciplinary Authority.
(iv) Where the Disciplinary Authority has not followed the advice of the Safety department, then the latter shall put up such cases to the Competent Authority who can do suo motu revision, with their comments.
(v) Likewise, where a major penalty has been imposed by the Disciplinary Authority in agreement with the recommendations of the Safety department but the appellate/ revisionary authority proposes to exonerate or impose a minor penalty, the appellate/ revisionary authority may first record provisional decision and consult the Safety department. Reasons for disagreement should be recorded and communicated to Safety department. Consultation will be only once and after such consultation, the appellate/ revisionary authority is free to take a final decision in the matter and record his/her views about penalty through speaking orders.
(vi) As far as action against the Railway Servants where General Manager or Railway Board are the Disciplinary/ Appellate/ Revisionary Authority, the Safety department’s comments may be obtained for proper appreciation of the case by the Disciplinary/ Appellate/ Revisionary Authority. Likewise, in those cases where the Disciplinary/ Appellate/ Revisionary Authority being the President, the comments from the Safety department may be called for because in such cases, the provision for mandatory consultation with UPSC already exists.
These instructions should be widely circulated for strict compliance.
Please acknowledge receipt. (Hindi version will follow).
Download Railway Board Circular RBE No.02/2023
Forward reference ⇒ RBE No.