D&A Rules – Rule 10(1) – Clarification

No.E(D&A)70RG6-59, dated 21.04.1971

Sub: Clarification of Rule 10(1) of the RS(D&A) Rules, 1968.

1. Rule 10(1) of the RS(D&A) Rules, 1968 inter alia lays down that if the disciplinary authority is of the opinion that for the examination of any of the witnesses is necessary in the interest of justice, he may recall the witness and examine, cross examine and re-examine the witness and may impose on the railway servant such penalty, as is within its competence in accordance with the rules. With reference to this provision, a point has been raised, weather at the time of such further examination, the delinquent employee, his defence helper and the Presenting Officer, if any, would also be present in the same manner, as at the time of enquiry and will have the same rights of cross examination, re examination etc.
2. The matter has been examined by the Board it with the Department of Personnel and it is clarified that it will be desirable that delinquent employe is present at the time of examination of witnesses by the disciplinary authority if as a result of such examination of the witnesses by disciplinary authority in the absence of of the delinquent employees, disciplinary authority makes up its mind on the inquiry by the inquiring authority and impose any punishment held that there has been a denial of reasonable opportunity to the delinquent to that extent. The delinquent employee may take the help of his defence helper during such examination of witnesses, if he so desire. The Disciplinary Authority if considered necessary, arrange the presence of the presenting officer, if any, at such examination to ensure the interest of the prosecution. As regards the right of cross-examination, re-examination etc. the rule itself provides for the same.

Download Railway Board Circular dated 21.04.1971

Forward reference⇒RBE No.