RBE No. 263/1989: Railway Servants (Discipline and Appeal) Rules

No. E(D&A)84 RG6-44, dated 20.10.1989

Sub: Notification – Railway Servants (Discipline And Appeal) Amendment Rules, 1989.

1. GSR ……. In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President hereby makes the following rules further to amend the Railway Servants (Discipline and Appeal) Rules, 1968, namely;

(1)  These rules may be called the Railway Servants (Discipline and Appeal) Amendment Rules, 1989.

(2) They shall come into force on the date of their Publication in the Official Gazette.

2. In the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter referred to as the ‘said rules’) for the existing sub-rules (2) and (3) of Rule 24, the following shall be substituted, namely: 

“(2) A Group ‘C’ Railway servant who has been dismissed, removed or compulsorily retired from service may, after his appeal to the appropriate appellate authority has been disposed of, and within 45 days thereafter, apply to the General Manager for a revision of the penalty imposed on him. In this application, he may, if he so chooses, request the General Manager to refer the case to the Railway Rates Tribunal for advice before he disposes of the revision petition. On receipt of such a request, the General Manager shall refer the case to the Chairman, Railway Rates Tribunal for advice sending all the relevant papers.

On receipt of the revision application by the General Manager, or on receipt of advice from the Railway Rates Tribunal, as the case may be, the General Manager shall dispose of the application in accordance with the procedure laid down in Rule 25 and pass such orders as he may think fit;

Provided that the procedure mentioned in this sub-rule shall not apply in cases where the General Manager or the Railway Board are the Appellate Authority;

Provided further that where a revision application has been disposed of by the General Manager under this sub-rule, no further revision shall lie under Rule 25.

(3)   A Group ‘D’ Railway servant, who has been dismissed, removed or compulsorily retired from service may, after his appeal to the appropriate appellate authority has been disposed of and within 45 days thereafter, apply to the Divisional Railway Manager and where he is not under the control of any Divisional Railway Manager to the senior-most Administrative Grade Officer under whose control he may be working, for a revision of the penalty imposed on him. The Divisional Railway Manager or the senior-most Administrative Grade Officer, as the case may be, shall thereafter dispose of the revision application in accordance with the procedure laid down in Rule 25 and pass such orders as he may think fit;

Provided that the procedure mentioned in this sub-rule shall not apply where the Divisional Railway Manager or the senior-most Administrative Grade Officer or any higher authority, as the case may be, is the appellate authority:

Provided further that where a revision application has been disposed of by the Divisional Railway Manager or the senior-most Administrative Grade Officer under this sub-rule, no further revision shall lie under Rule 25.

3. In the said rules, for the existing Rule 25, the following rule shall be substituted, namely:

“25. Revision:

(1)    Notwithstanding anything contained in these rules:

(i) The President, or

(ii) The Railway Board, or

(iii) The General Manager of a Railway Administration or an authority of that status in the case of a Railway servant serving under his control, or

(iv)The appellate authority not below the rank of a Divisional Railway Manager in cases where no appeal has been preferred, or

(v) Any other authority not below the rank of Deputy Head of Department in the case of a Railway servant serving under his control;

may at any time, either on his or its own motion or otherwise, call for the records of any inquiry and revise any order made under these rules or under the rules repealed by Rule 29, after consultation with the Commission, where such consultation is necessary, and may;

(a) Confirm, modify or set aside the order; or

(b) Confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed; or

(c) Remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case; or

(d) Pass such orders as it may deem fit:

Provided that;

(a) No order imposing or enhancing any penalty shall be made by any revising authority unless the Railway servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed;

(b) Subject to the provisions of Rule 14, where it is proposed to impose any of the major penalties specified in clauses (v) to (ix) of Rule 6 or the penalty specified in clause (iv) of Rule 6 which falls within the scope of the provisions contained in sub-rule (2) of Rule 11 or to enhance the penalty imposed by the order under revision to any of the penalties specified in this sub-clause, no such penalty shall be imposed except after following the procedure for inquiry in the manner laid down in Rule 9, unless such inquiry has already been held, and also except after consultation with the Commission, where such consultation is necessary.

(2)    No proceeding for revision shall be commenced until after;

(i) The expiry of the period of limitation for appeal; or

(ii) The disposal of the appeal where any such appeal has been preferred:

Provided that the provisions of this sub-rule shall not apply to the revision of punishment in case of Railway accidents.

(3)  An application for revision shall be dealt with in the same manner as if it were an appeal under these rules.

(4)  No power of revision shall be exercised under this rule;

(i) By the appellate or revising authority where it has already considered the appeal or the case and passed orders thereon; and

(ii) by a revising authority unless it is higher than the appellate authority where an appeal has been preferred or where no appeal has been preferred and the time limit laid down for revision by the appellate authority, has expired:

Provided that nothing contained in clauses (i) and (ii) above, shall apply to revision by the President.

(5)  No action under this rule shall be initiated by;

(a) An appellate authority other than the President; or

(b) The revising authorities mentioned in item (v) of sub-rule (1);

After more than six months from the date of the order to be revised in cases where it is proposed to impose or enhance a penalty or modify the order to the detriment of the Railway servant; or more than one year after the date of the order to be revised in cases where it is proposed to reduce or cancel the penalty imposed or modify the order in favour of the Railway servant:

Provided that when revision is undertaken by the Railway Board or the General Manager of a Zonal Railway or an authority of the status of a General Manager in any other Railway Unit or Administration when they are higher than the appellate Authority, and by the President even when he is the appellate authority, this can be done without restriction of any time limit.

Explanation:- For the purposes of this sub-rule the time limits for revision of cases shall be reckoned from the date of issue of the orders proposed to be revised. In cases where original order has been upheld by the appellate authority, the time limit shall be reckoned from the date of issue of the appellate orders.

4. In the said rules for the word ‘review’ occurring in sub-rule (3) of Rule 5, in sub-clause (ii) of sub-rule (1) of Rule 9 and sub-rule (4) of Rule 29 the words ‘revision and/or review’ shall be substituted.

5. In the said rules, in clause (ii) of Rule 18 for the words ‘Reviewing Authority’ the word ‘Revising Authority’ shall be substituted.

Download Railway Board Circular RBE No. 263/1989

Forward reference ⇒ RBE No.