Enquiries: Railway Corruption Enquiry Committee Recommendation

No.E55 RG6-20, dated 04.02.1956

Sub: Recommendations of the Railway Corruption Enquiry Committee – Suggested modifications in the procedure to expedite enquiries.

1.0 Attention is invited to item 124 of the summary of Recommendations contained in Chapter XIV of the Report of the Railway Corruption Enquiry Committee, wherein they have made certain suggestions for the modification of the procedure for holding enquiries, with a view to expeditious disposal of cases. The Government have observed that present delay in taking extreme action is not due to the procedure for holding enquiries being elaborate, and that the procedure suggested by the Railway Corruption Enquiry Committee is in effect being followed.

2. The question as to how far the recommendations of the RCEC in this direction conform to the constitutional provisions of Art. 311(2) of the Constitution has been examined by the Board in consultation with the Ministry of Law and they are advised that:-

(a) A departmental enquiry need not be carried out strictly in accordance with the rules applicable to judicial proceeding but the principles of natural justice should be followed.

(b) A civil servant should not be condemned on ex-parte evidence and no order of removal or dismissal should be passed against him unless he is given a real and effective opportunity of refuting the charges and the statements on which the notice of such dismissal or removal is based. The opportunity which the law requires should be given to him but if the enquiry officer comes to the conclusion that there is an attempt on the part of the delinquent officer to prolong the hearing by not taking part in the proceedings and his requests to adjourn the hearings on the ground of his inability to attend the proceeding are not bona fide requests, he may proceed with the enquiry ex-parte after recording the reasons in writing.

(c) The second notice to show cause against the punishment proposed is to be given after the enquiry is over. If the where about of the officer (against whom ex-parte hearing of the enquiry is allowed to proceed) are known, attempts should be made to serve the notices on him to show cause against the punishment proposed. Where the authority concerned is satisfied for the reasons to be recorded in writing that it is not reasonable practicable to give an opportunity of showing cause against the punishment proposed, no notice is required to be served as the case will be covered by Art. 311(2)(b) of the Constitution.

3. The Board desire that the detailed procedure for taking disciplinary action as communicated from time to time and as set out above, which in effect covers the recommendations of the Railway Corruption Enquiry Committee should be incorporated in the pamphlets issued by the Railway dealing with the procedure for taking disciplinary action for the guidance of the Enquiry Committee.

4. The receipt of this letter may please be acknowledged.

Download Railway Board Circular dated 04.02.1956                                             

Forward reference ⇒ RBE No.