RBE No. 121/2008: Disciplinary Cases – Speedy Finalization
No.E(D&A)2008/RG6-29, dated 23.09.2008
Sub: Need for speedy finalization of disciplinary cases regarding
1. Union Public Service Commission while tendering advice in the disciplinary case of a Railway servant have expressed concern regarding the delay in processing of such cases and have desired that the procedure for conducting inquiries/ disciplinary proceedings be streamlined to avoid long delays in these cases.
2. The need for speedy finalization of disciplinary cases has already been emphasized from time to time in the past. A model time schedule for finalization of these cases has already been laid down under Board’s letter No.E(D&A)86 RG6-41, dated 03.04.1986 (RBE No. 58/1986) read with their letter No.E(D&A)90 RG6-18, dated 09.02.1990. This schedule also incorporates the time frame for completion of various stages of disciplinary proceedings. It has also been emphasized that where the disciplinary authority does not find it practicable to adhere to this time schedule rigidly, steps should be taken to minimize the additional time likely to be taken over and above the time schedule.
3. Various measures have also been suggested under Board’s letter No.E(D&A)85 RG6-21, dated 30.05.1985 to facilitate expeditious disposal of disciplinary cases. These include supplying copies of documents relied upon on behalf of the disciplinary authority to the charged official along with the charge sheet wherever possible, laying down a definite time bound programme for inspection of listed documents/ submission of the list of defence documents/ defence witnesses etc. at the preliminary hearing, holding regular hearings on day to day basis; not allowing adjournments on frivolous grounds, adhering to the time limits laid down in the rules for certain stages of disciplinary proceedings etc. Instructions issued under Board’s letter No.E(D&A)2004 RG6-14, dated 02.07.2004 (RBE No. 143/2004) also list various measures to streamline the conduct of disciplinary proceedings to reduce delay. It inter-alia envisages grant of leave to the charged official for preparation and submission of defence to the charge sheet and relieving inquiry officer from his normal duties for the period specified therein so that he could attend to the inquiry on full time basis and submit the report.
4. The existing guidelines may please be brought to the notice of all concerned authorities on your Railway and it may be impressed upon them to adhere to these guidelines scrupulously in the interest of speedy finalization of disciplinary cases. Apart from the above, the disciplinary authorities should also be advised to carefully ascertain their competence before passing orders in a case so that delay on account of correcting an invalid order may be avoided. An effective mechanism may also be devised for monitoring of disciplinary cases so that no case is left unattended at any stage for no apparent reason.
5. Please acknowledge receipt.
Download Railway Board Circular RBE No. 121/2008
Forward reference ⇒ RBE No. 140/2009