RBE No. 314/1987: Disciplinary Proceedings – Minor
No.E(D&A)87 RG6-2, dated 18.12.1987
Sub: Procedure to be followed in cases where disciplinary proceedings are initiated against a Railway servant who is officiating in a higher post on an ad-hoc basis.
1. The question whether a Railway servant appointed to a higher post on ad hoc bases should be allowed to continue in the ad hoc appointment when a disciplinary proceeding is initiated against him has been considered by the Railway Board and it has been decided that the procedure outlined below shall be followed in such cases:
(i). Where an appointment has been made purely on ad hoc basis against a short-term vacancy or a leave vacancy or if the Railway servant is appointed to officiate until further orders in any other circumstances has been held the appointment for a period less than one year, the Railway servant shall be reverted to the post held by him substantively or on a regular basis, when a disciplinary proceeding is initiated against him for imposition of major penalty.
(ii). Where the appointment was required to be made on ad hoc basis purely for administrative reasons (other than against a short-term vacancy or a leave vacancy) and the Railway servant has held the appointment for more than one year, if any disciplinary proceeding is initiated against the Railway servant, he need not be reverted to the post held by him only on the ground that disciplinary proceedings has been initiated against him.
Appropriate action in such cases will be taken depending on the outcome of the disciplinary case.
2. The above instructions may be brought to the notice of all appointing/ disciplinary authorities under your control.
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & raining
OM No.134/9/86-AVD.I, dated 31 July, 1987
OFFICE MEMORANDUM
Sub: Minor Penalty proceedings initiated while in service – Question whether it is necessary to hold an oral enquiry for effecting a cut in pension as a result of.
1. This Department’s Office Memorandum No.134/10/80-AVD.I, dated the 28th February, 1981 may be treated as cancelled.
2. It is clarified that, in terms of Rule 9(2) of the CCS (Pension) Rules, 1971, the Government has the power to withhold or withdraw pension even as a result or a minor penalty proceedings instituted while the charged officer was in service and which was continued after his retirement, provided grave misconduct of negligence is established.
3. The question whether the procedure followed in the conduct of a minor penalty proceeding would amount to affording a reasonable opportunity to the charged officer so as to impose the penalty of withholding or withdrawing his pension has also been considered. It is clarified that, even though there is no statutory requirement in Rule 9(1) ibid for giving a show cause notice, the principles of natural justice would have to be followed. This would require giving an opportunity to the pensioner to represent against the proposed penalty. It would, therefore, be necessary to issue a show cause notice to the pensioner and to take his representation into consideration before obtaining the advice of the Union Public Service Commission and passing the final order. However, there is no need to issue a show cause notice, where an oral enquiry, in which, the Government servant/ petitioner has had a reasonable opportunity to defend his case, was held.
4. It is, however, reiterated that it should be the endeavour of the disciplinary authority to see that a minor penalty proceeding instituted against a Government servant who is due to retire, is finalized quickly and normally before his retirement so that the need for continuing such proceedings beyond the date of retirement does not arise.
Download Railway Board Circular RBE No. 259/1987
Forward reference ⇒ RBE No.