RBE No. 123/1999: Re-appointment – Dismissed/Removed

No.E(D&A)99 RG 6-6, date 03.06.1999

Sub: Offer of re-appointment to dismissed – removed employees on consideration of their appeal/ revision – Regarding.

It has been observed in many cases that the Appellant/ Revising Authorities on Railways have ordered reappointment as a fresh entrant of dismissed/ remove the employees, on consideration of their appeal/ revision petition. It is advised that such a practice, wherever in vogue, should be discontinued forthwith.

It is clarified that the Appellant/ Revising Authorities can only confirm, set-aside or modify a penalty on consideration of an appeal/ revision and that authority cannot order reappointment of the dismissed/ remove employee, while disposing of the appeal/ revision petition.

If the Appellate/ Revising Authority, on consideration of an appeal/ revision petition of a dismissed/ removed Railway employee, is of the view that the reinstatement of the appellant/ petitioner in Railway service (with or without a lesser penalty) is not warranted but that there is a case for offering him reappointment in Railway service as a fresh entrant, the proper course for the Appellate/ Revising Authority would be to reject the appeal/ revision petition and communicate its order in this regard to the appellant/ petitioner. Thereafter, the question of reappointment as a fresh entrant should be examined subject to the provisions contained in Rule 402-R.I. The action of ordering reappointment, if need be, should thus be independent of the orders passed on the appeal/ revision petition. The above position may be impressed upon the concerned authorities on your Railways for compliance.

Download Railway Board Circular RBE No.123/1999

Forward reference ⇒ RBE No.