Model Time Schedule: Disciplinary Cases
No.E(D&A)90 RG6-18, dated 09.02.1990
Sub: Model time schedule for finalization of disciplinary cases.
1. Certain judgements of the Central Administrative Tribunal have come to notice wherein the Tribunal has quashed disciplinary action against railway employees on the ground that the concerned Railway Administration failed to complete the disciplinary action within a certain time schedule.
2. Your attention in this connection is invited to the Board’s circular letter no.E(D&A)69 RG6-17, dated 08.01.1971, wherein a “model” time schedule of 202 days was laid down for finalisation of disciplinary proceedings. This period was subsequently reduced to 150 days in terms of EDE, Railway Board’s letter no.E(D&A)86 RG6-41, dated 03.04.1986 following the deletion of the provisions relating to issue of show cause notice etc. A detailed perusal of the circular dated 08.01.1971 will reveal that it was never the Board’s intention that the schedule should be made a mandatory schedule. The emphasis has always been on the fact that the suggested schedule was only a “model” one. This is also clear from the provisions of para 1325 of the Indian Railway Vigilance Manual, 1980 which states that in SPE/ vigilance cases, where the Railway Administration does not find it practicable to adhere to this target rigidly, steps should be taken to minimise, as far as possible, the additional time likely to be taken over and above the target period.
3. In the context in which the CATs are now apparently interpreting the aforesaid circular, whenever any such CATs cases come to your notice, the Railway Advocates may be adequately briefed and they may be asked to point out to the CAT that schedule is not a mandatory schedule but that it is only a “model” which may not be possible to follow in each and every case as each disciplinary case has its own characteristics.
4. It may also be brought to the notice of the CATs that in terms of instructions which were circulated under this Ministry’s letter no.E(D&A)87 RG6-151, dated 10.11.1989, it is now necessary to give a copy of the inquiry report to the charged railway servant to enable him to represent against the findings of the Inquiry Officer, before a decision is taken on the penalty to be imposed. This additional process will increase the time taken for finalisation of the disciplinary proceedings by at least two months. In addition, there are a large number of cases in which action is taken under Rule 2308 of the Indian Railway Establishment Code, Volume II, under Presidential powers, with the view to making a cut in the pensionary benefits of a retired railway servant. These cases have to be referred to the UPSC for their advice. The UPSC, in a number of cases where CATs have laid down time limits for finalisation of such proceedings, have stated unequivocally that departmental proceedings against a Government servant are quasi judicial in nature and they have to consider each case carefully, not only on merits but also with the regard to procedures followed, before tendering their advice. It is not, therefore possible for the Commission to adhere strictly to any time limits that may be laid down by CATs for tendering their advice in such matters. The Commission have advised that on an average it takes them five to six months from the date of receipt of the case in their office till date of communication of the advice and that it would not be possible for the Commission to convey their advice earlier than this, although Commission have agreed to expedite matters to the extent possible.
5. All the above aspects may please be borne in mind in dealing with cases of this nature.
Please acknowledge receipt.
Download Railway Board Circular dated 09.02.1990
Forward reference ⇒ RBE No.