D&A Rules – Undergone Penalty – Case Can be Reopened – To Enhance Penalty

No.E55 RG6-14, dated 29.02.1956

Sub: Question whether a case, where an employee has already undergone a penalty, can be reopened with a view to enhance the penalty.

1. In terms of Rules 1721 and 1722(a) R-I the appellate authority has full discretion to decide whether the penalty imposed by the lower authority is adequate, inadequate or excessive and pass such order on the appeal as it thinks fit. Rule 1725 also empowers the authorities specified therein to review punishment passed in any disciplinary case at any time either on their own motion or otherwise, and enhance the original penalty already imposed on an employee, where it is considered that the seriousness of the offence requires the imposition of a higher penalty, subject to the observation of the procedure indicated in Rule 1722(b) and 1725(b) as the case may be.
2. A point has been raised as to whether in case of a penalty is awarded and enforced and thereafter it is proposed to impose a higher penalty, it would be in order to do so if the higher penalty is of a nature that does amount to just enhancement of the previous penalty but amount to an additional penalty. For example, in a case where an employee may have been punished with the stopping of privilege passes for three months and may have already undergone the punishment, the competent authority may yet impose a higher penalty, say, removal from service.
3. The Board are advised that Rule 1722(a) and 1725(a) R-I vest full discretion on the appellate and higher authorities to review a case and pass final orders upholding, reducing or enhancing the original penalty. The enhancement of the penalty need not necessarily be prolongation of the same penalty but can be a fresh penalty higher to the original one and there is no objection to infliction of such additional penalty.

(This disposes of Northern Railway’s No.E/Coml/123/206 of 06.05.1955)

Download Railway Board Circular dated 29.02.1956

Forward reference⇒RBE No.