Defence Helper: RBE No.183/1992 – Condition for Retired Servants
No.E(D&A)90 RG6-148, dated 05.11.1992
Sub: Railway servants (Discipline & Appeal) Rules, 1968 – Choice of retired Railway servants as Defence Helper – Conditions regarding.
1. In supersession of Board’s letter No.E(D&A)91 RG6-29, dated 26.03.1991 (RBE No. 65/1991), it has been decided, in terms of Rule 9(13)(b) of the Railway servants (Discipline & Appeal) Rules, 1968 that a Railway Servant involved in disciplinary proceedings may present his case with the assistance of a retired Railway servant, subject to the following conditions:-
(i) The retired Railway servant concerned should have retired from railway service under the same Railway Administration on which the delinquent Railway servant is working. However, the relaxation in the matter of choice of Defence Helper from other Railway Administrations, as contained in items (a), (b) and (c) of para (2) of Board’s letter No.E(D&A)90 RG6-106, dated 08.10.1990 (RBE No.177/1990) would be admissible, subject to the conditions mentioned in that letter;
(ii) If the retired railway servant is also a legal practitioner, the restrictions on engaging a legal practitioner by a delinquent railway servant to present the case on his behalf contained in Note (1) below Rule 9(13)(b), would apply. However, the relaxations as given in Board’s letter No.E(D&A)84 RG6-46, dated 25.11.1985 (RBE No.323/1985) would continue to be available;
(iii) The retired railway servant concerned should not have, in any manner, been associated with the case at investigation stage or otherwise in his official capacity; and
(iv) The retired railway servant concerned should not act as a defence helper in more than five cases at a time. The retired Railway servant should satisfy the inquiring authority that he does not have more than five cases at hand including the case in question.
2. The concerned retired railway servant who acts as Defence Helper will be entitled to the payment of travelling allowance and other allowances in accordance with the existing rules. The retired railway servant will also be entitled to Special Passes in terms of Board’s letter No.E(D&A)77 RG6-30, dated 28.12.1979.
3. The condition mentioned in item (i), (ii), (iii) and (iv) of para 1 above have the approval of the President.
Download Railway Board Circular RBE No.183/1992
Forward reference ⇒ RBE No.83/2003,