IREC Rule No.1667: Traveling Allowance For Journeys To Attend Court Of Law

1667. Traveling Allowance For Journeys To Attend Court Of Law:-

The following provisions apply to a railway servant who is summoned to give evidence: –

(i)  In a criminal case, a trial before a Court martial, a civil suit, or proceedings to which Government is a party or a departmental enquiry held by a properly constituted authority in the Indian Union; or

(ii)  Before a court in a foreign territory

Provided that the facts as to which he is to give evidence have come to his knowledge in the discharge of his public duties:

(a)  He may draw traveling allowance as for a journey on tour attaching to his TA Bill a certificate of attendance given by the Court or other authority which summoned him.

(b) When he draws such traveling allowance he may not accept any payment of his expenses from the Court or authority.  Any fees which may be deposited in the Court for the traveling and subsistence allowance of the witness must be credited to the Railway Revenues.

(c)  If the Court in which he gives evidence is situated within 8 kms. of his headquarters, and no traveling allowance, is, therefore, admissible to him for the journey, he may, if he be not in receipt of permanent traveling allowance, accept such payment of actual traveling expenses as the Court may  make.

Note: A railway servant summoned to give evidence while on leave is entitled to traveling allowance under these Rules from and to the place from which he is summoned as if he were on duty.

Government of India’s Decisions:

(i)    Journeys connected with police inquiries: Traveling allowance is admissible to an Officer proceeding to a police station to lodge a complaint or give information of an offence, but under the orders of the Government of India in the Home Department No.1163 dated the 14.09.1874, no allowance is admissible to an officer summoned by a police officer to give evidence before him.

[Authority: GIF&CD No.6170-P, 19.12.1894]

(ii)    The question of admissibility of travelling allowance to the officials of a department who are required by their superior officer to proceed from one station to another to appear before police officers or to accompany them to another station, has for some time past, been under the consideration of the Government of India, and it has been decided that whether the employee’s presence is required to give a statement or to assist generally in the police investigation, it is within the discretion of his superior officer who orders the Government servant to undertake the journey to grant travelling allowance for the journey as having been performed  on duty. It has been held that this Rule provides, merely for cases in which the court or other authority has the power of paying witnesses expenses. It is not the intention of the Rules to forbid the grant of traveling allowance to a Government servant attending, under proper orders, inquiry whether police or departmental.

[Authority: GIF&DUO No.6847-CSR, 15.12.1926]

(iii)   Where a railway servant whether under suspension or not, performs journey to attend police / special Police Establishment Enquiry in connection with a case in which he is suspected to be involved, traveling allowance as for a journey on tour may be allowed for such journeys provided that they are performed under the direction of, or with the approval of, the Head of the Office in which he is for the time being employed, or was employed, before suspension.

(iv)   Where a railway servant undertakes journey during suspension for appearing in a Court of Law as an accused and is later on acquitted by the Court and reinstated in service or would have been reinstated in service but for death or his having attained the age of compulsory retirement or being allowed to retire voluntarily, traveling allowance as on tour based on the grade to which the railway servant belonged before suspension may be reimbursed to him provided the legal expenses incurred by him in defending such proceedings are reimbursed in full or in part under Article 320 (3) (d) of the Constitution.

(v)   Traveling Allowance in respect of following types of cases may be granted as indicated below:

(a)  Proceeding initiated by Government in respect of matters connected with the official duties or position of the railway servant.  In respect of such cases, traveling allowance may be granted as in Government of India’s Decision No. (iv) above.

(b)  Proceedings in respect of matters not connected with official duties or position of the   railway servant: –

No Travelling Allowance is admissible in such cases 

(c)  Proceedings instituted by a private party against a railway servant in respect of matters connected with his official duties or position.

(i)  If the Railway Administration on consideration of the facts and circumstances of the case consider that it will be in public interest that the Administration should themselves undertake the defence of the railway servant in such proceedings and if the railway servant agrees to such a course, the railway servant will be paid traveling allowance as for a journey on tour.

(ii) If the Railway servant purposes to conduct his defence in such proceedings himself, traveling allowance may be paid on the lines indicated in sub-rule (iv) above subject to the further condition that the traveling expenses are not decreed by the court of Law as payable by the plaintiff.

(d)   Proceedings instituted by a Railway servant on his being required by Government to vindicate his official conduct. In respect of such cases, traveling allowance may be granted to the railway servant on the lines indicated in Government of India’s Decision No. (iv) above.

(e)   Proceeding instituted by a railway servant suo moto with the previous sanction of the Government to vindicate his conduct arising out of or connected with his official duties or position.  In respect of such cases, no traveling allowance is admissible.