RBE No. 140/2009: Disciplinary Cases – Delay

No. E(D&A)2008 RG6-29, dated 04.08.2009

Sub: Need for speedy finalization of disciplinary cases.

1. Of late, it has come to the notice of the Railway Board that on some of the Zonal Railways the disciplinary cases are not being finalized within a reasonable time resulting in severe hardship to the railway servants especially the retired ones whose pensionary benefits are withheld due to the pending disciplinary case. Recently, a disciplinary case, which was received from one of the Railways more than 12 years after issue of the charge sheet, was referred to the CVC and the UPSC for their advice. The inordinate delay in the case invited embarrassing and avoidable adverse comments from both the Commissions. The UPSC have also desired that in future the delay in finalization of the disciplinary cases be justified while forwarding the cases to them for advice.

2. In this connection, attention is invited to Board’s instructions E(D&A)85RG6-21, dated 30.05.1985, E(D&A)86RG6-41, dated 03.04.1986 (RBE No. 58/1986), E(D&A)906RG6-18, dated 09.02.1990, E(D&A)97RG6-Monitoring(I), dated 20.07.1998, & 28.01.2000, E(D&A)2000 RG6-63, dated 18.12.2000, E(D&A)2004 RG6-14, dated 02.07.2004 (RBE No. 143/2004), whereby the need for speedy finalization of disciplinary cases has been emphasized from time to time. This has also been reiterated recently vide Board’s letter of even number dated 23.09.2008 (RBE No. 121/2008). The Railways were also asked to develop a mechanism to monitor the disciplinary cases so as to avoid unnecessary delay. This monitoring may be done both at Headquarter and Division/ Workshop levels with special attention to the cases of the retired railway servants and those who are due to superannuate within one year. Also, the cases which have not been finalized even after two years of issue of charge sheet should be reviewed immediately at sufficiently higher level at the Railway Headquarter and necessary guidelines be given to the concerned officers to finalize such cases immediately.

3. Despite the above, things have not improved as cases which are unduly delayed continue to be received in Board’s office and that too in a sketchy and incomplete manner necessitating back reference resulting in further delay. It has been noticed that often the delay in finalization of the disciplinary cases is because of non-fulfillment of certain provisions by the Disciplinary Authority and the Inquiry Officer. To overcome this problem henceforth all the disciplinary cases may be routed through the Personnel Department at all important stages viz. issue of charge sheet, appointment of Inquiry Officer/ Presenting Officer supply of inquiry report to the Charged Officer and passing of final orders by the Disciplinary Authority.

3.1   It is also seen in some cases that the inquiry proceedings are not conducted by the Inquiry Officer in accordance with the rules perhaps due to ignorance of the rules. It is, therefore, necessary to make available a copy each of Board’s Master Circular No.67 to the Inquiry Officer along with the appointment order. This may be done invariably in all cases.

4.     Also, a lot of time is lost in the pension cut cases as the Railways do not send all the requisite documents while sending the cases to the Board for Presidential consideration. For this purpose the Railways may scrupulously forward all the documents listed in the Check List sent herewith as Annexure. All the documents may be sent either in original or as attested photocopy.

5.     It is once again impressed upon the Railways that while forwarding cases to Board care should be taken to ensure that all the requirements have been complied with and the checklist etc. are filled in complete in all respects to avoid back reference and consequent delay. The time taken from the date of issue of charge sheet to the date of reference to Board may also be explained in detail to enable the same being conveyed to the UPSC.

6.     Please acknowledge receipt.

ANNEXURE

Check List

1	Name & Designation
2	Complaint
3	Fact Finding Report/ Primary Investigation Report/ Vigilance Investigation Report/ CBI report
4	CVC’s 1st and 2nd stage advice
5	Charge memo and its annex
6	Acknowledgement of CO to the Charge Memo
7	Reply of Charged Officer on Charge Memo
8	Nomination of defence helper & its consent
9	Nomination of Inquiry Officer
10	Nomination of Presenting Officer
11	Suspension order and its revocation
12	Relied Upon Documents
13	Addl. documents
14	Defence documents
15	Prosecution witness & defence witness
16	Correspondence of IO with CO & Disciplinary Authority
17	Notices sent to CO for attending inquiry
18	Daily Order Sheets
19	Deposition – oral statement, recorded from prosecution witness and defence witness
20	Statement of defence of CO
21	General examination of CO
22	Copies of relevant documents supplied to CO
23	PO’s brief
24	CO’s brief
25	Copy of brief of PO given to Charged Official
26	Inquiry Report
27	Supply of Inquiry report to CO
28	Disagreement of DA
29	Representation of Charged Officer against Inquiry report
30	Para wise comment of DA on representation of Charged Officer
31	Final views of DA
32	Views of CPO & PHOD
33	CRs of CO for five years
34	Service book of CO
35	Action taken against co-accused
36	Amount of Pension
37	Amount of DCRG
38	Whether DCRG is withheld
39	UPSC proforma
40	DOB
41	DOA
42	DOR
43	Post/ Scale/ Pay
44	Appointing Authority w.r.t. above post
45	Next Lower Post/ Scale
46	Details of CAT/ Court Cases and orders of such courts, if any.

Download Railway Board Circular RBE No. 140/2009

Forward reference ⇒ RBE No.