RBE No. 14/1996: Disciplinary Authority – Vigilance Officer

No.E(D&A)96 RG6-9, dated 22.02.1996

Sub: Question whether disciplinary cases can be dealt with by the competent disciplinary authority although they have dealt with the same matter while working in the Vigilance Organization.

1.     Instructions were issued by under Board’s letter No.E(D&A)91 RG6-62, dated 30.07.1991 that it would not be prudent for Vigilance Officers who may have dealt with a Vigilance case at the investigation stage, to act later as Disciplinary Authorities in the same case and that such disciplinary case may be passed on to the next higher authority for appropriate decision.

2.     It has been reported that practical difficulties are being faced in implementing the above instructions since, in many cases, the prescribed disciplinary authorities are debarred from acting as such due to the above stipulation and the levels at which the Appeal and Revision Petitions are to be considered are also raised.

3.     The matter has been reconsidered by the Board and in modification of the instructions referred to in Para 1 above, it has been decided that there is no objection to officers who had worked in Vigilance Organization and dealt with a particular case, acting as Disciplinary Authorities in the same case later, if they are posted in the Executive/ General Management Posts, subject to the following:-

(1)   The officer should not have himself inquired into the Vigilance case;

(2)   As the Disciplinary Authority, the Officer will not himself act as the Inquiry Officer in the departmental inquiry ordered under the Railway Servants (Discipline & Appeal) Rules.

4.     In this connection, attention is also invited to Board’s letter No.E(D&A)91 RG6-122, dated 21.02.1992, stressing on the imperative need for application of mind and passing of reasoned and speaking orders by the Disciplinary/ Appellate/ Revising Authorities. While these instructions would apply to all the disciplinary cases, the Disciplinary Authorities, who had earlier dealt with the same case in the Vigilance Organization, have to exercise greater care in application of mind and passing a reasoned and speaking order, so that this decision is not only unbiased but also appears to be so.

5.     The above guidelines may please be brought to the notice of all concerned for strict compliance.

(This also disposes of Northern Railway’s D.O. No.52-E/O/26/E/D&A/VIII, dated 05.01.1996)

Download Railway Board Circular RBE No. 14/1996

Forward reference ⇒ RBE No.