RBE No. 17/1986: D&A Rules – Rule 11(1) – Holding of Inquiry
No.E(D&)86 RG6-3, dated 11.02.1986
Sub: Rule 11(1) of Railway Servants (Discipline and Appeal) Rules, 1968 – Holding of inquiry in specific circumstances – Recommendations of Committee of National Council (JCM).
A copy of the Department of Personnel and Training’s Office Memorandum No.11012/18/85-Estt(A), dated 28.10.1985 on the above subject is enclosed. The contents of the same may be brought to the notice of all concerned for compliance. Rule 16(1) and 16(1-A) of CCS (CCA) Rules, 1965 mentioned therein correspond to Rules 11(1) and Rule 11(2), respectively, of the RS (D&A) Rules, 1968 regarding procedure for imposition of Minor Penalties.
Extracts from the Department of Personnel & Training
OM No.11012/18/85-Estt(A), dated 28.10.1985
Sub: Rule 16(1) Holding of inquiry in specific circumstances Recommendations of Committee of National Council (JCM).
1. The undersigned is directed to say that the Staff Side of the Committee of the National Council (JCM) set up to consider revision of CCS (CCA) Rules, 1965 and suggested that Rule 16(1) should be amended so as to provide for holding an inquiry even for imposition of minor penalty, if the accused employee requested for such an enquiry.
2. The above suggestion has been given a detailed consideration. Rule 16(1-A) of the CCS (CCA) Rules, 1965 provides for the holding of inquiry even when a minor penalty is to be imposed in the circumstances indicated therein. In other cases, where a minor penalty is to be imposed, Rule 16(1) ibid leaves it to the discretion of disciplinary authority to decide whether any enquiry should be held or not. The implication of this rule is that on receipt of representation of Government servant concern on the imputation of misconduct or mis-behaviour communicated to him, the disciplinary authority should apply its mind to all facts and circumstances and the reasons urged in the representation for holding a detailed inquiry and form an opinion whether an inquiry is necessary or not. In a case where a delinquent Government servant has asked for inspection of certain documents and cross examination of the prosecution witnesses, the disciplinary authority should naturally apply its mind more closely to the request and should not reject the request solely on the ground that an inquiry is not mandatory. If the records indicate that, notwithstanding the points urged by the Government servant, the disciplinary authority could after due consideration, come to the conclusion that an inquiry is not necessary, it should say so in writing indicating its reasons, instead of rejecting the request for holding inquiry summarily without any indication that it has applied its mind to the request, as such an action could be construed as denial of natural justice.
3. Ministry of Agriculture etc. are requested to bring these instructions to the notice of all disciplinary authorities under their control.
Download Railway Board Circular RBE No. 17/1986
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