RBE No. 137/2006: Disciplinary Proceedings – Drawbacks

No.E(D&A)2003/RG6-31, dated 22.08.2006

Sub: Procedural drawbacks noticed during the conduct of disciplinary proceedings.

1. It has been brought to the notice of this Ministry by the Staff Side in the DC/JCM Meeting that procedural drawbacks are noticed in the conduct of the disciplinary proceedings in a number of cases resulting in denial of natural justice to the charged official.

2. The procedure that should be followed in the conduct of disciplinary proceedings has been elaborately laid down in the Railway Servants (Discipline and Appeal) Rules, 1968 and the instructions issued thereunder. Failure to follow the procedures not only causes avoidable hardship to the innocent officials but it also affords an opportunity to the unscrupulous and dishonest officials to escape penal action on the plea of denial of a reasonable opportunity of defence. It is therefore, necessary that these rules and instructions are followed scrupulously in all disciplinary cases as these are quasi-judicial proceedings. In this connection attention is also invited to Board’s letter No.E(D&A)94/RG6-87, dated 23.01.1995 (RBE No. 05/1995) wherein it has, inter-alia, been laid down that an officer discharging judicial or quasi-judicial duties is amenable to departmental enquiry into his conduct in the discharge of his duties.

3. It is, therefore, impressed upon all concerned to follow the Railway Servants (Discipline and Appeal) Rules, 1968 and the instructions issued thereunder scrupulously. Any deliberate violation of rules, if noticed, will be viewed seriously and suitable action will be taken.

Download Railway Board Circular RBE No.137/2006

Forward reference ⇒ RBE No.