RBE No. 171/1993: Fresh Charge Memorandum

No.E(D&A)93RG6-83, dated 01.12.1993

Sub: Issuing fresh charge Memorandum after cancellation/ withdrawal of original charge Memorandum or after dropping disciplinary proceedings.

1.     It has come to the notice of the Railway Board that on one of the Zonal Railways, the Memorandum of charges issued to an employee was withdrawn by the disciplinary authority with the intention of issuing fresh detailed Charge Memorandum. Moreover, while withdrawing the charge sheet, no reasons therefor were given and it was only stated that the charge sheet was being withdrawn. The issue of a fresh charge Memorandum subsequently was challenged by the employee before CAT/Bombay. The Central Administrative Tribunal on hearing the case have quashed the charge Memorandum holding that unless there is a power in the disciplinary authority by virtue of the rules or administrative instructions to give another charge sheet on the same facts after withdrawing the first one, the second charge sheet will be entirely without authority.

2.     The matter has been examined and it is clarified that once the proceedings initiated under Rule 9 or Rule 11 of RS (D&A) Rules, 1968 are dropped, the disciplinary authorities would be debarred from initiating fresh proceedings against the delinquent officers unless the reasons for cancellation of the original charge Memorandum or for dropping the proceedings are appropriately mentioned and it is duly stated in the order that the proceedings were being dropped without prejudice to further action which may be considered in the circumstances of the case. It is, therefore, necessary that when the intention is to issue a fresh charge sheet subsequently, the order cancelling the original one or dropping the proceedings should be carefully worded so as to mention the reasons for such an action indicating the intention of issuing charge sheet afresh appropriate to the nature of the charge.

Download Railway Board Circular RBE No. 171/1993

Forward reference ⇒ RBE No.