RBE No.88/1985: Temporary Railway Employees – Removal from Service

No.E(P&A)I-84/CPC/E3, dated 23.03.1985

Sub: Removal from service of temporary Railway employees for un-authorized absence – amendment to Rule 732 R-I
Ref: Replies in response to DO letter of even number dated 19/20.06.1984

1. In the light of the response to this Ministry’s letter of even number dated 19/20.06.1984, the Ministry of Railways have reviewed the provisions contained in Note (2) below Rule 732 R-I.
2. Keeping in view the provisions contained in Rule 2014 R-II and current judicial pronouncements on this subject, it would not be correct to remove a temporary Railway servant from service on ground of “deemed resignation” for reasons of un-authorized absence. Temporary Railway servants also should be afforded an opportunity to show cause under the Discipline & Appeal Rules, before they are removed from service for un-authorized absence.
3. Accordingly, the President is pleased to decide, in exercise of powers conferred by proviso to Article 309 of the Constitution of India, that Note (2) under Rule 732 of the Indian Railway Establishment Code, Volume-I shall be amended as in the advance correction slip No.419 R-I enclosed, from the date of issue of this letter.
4. These instructions will not, however, apply to casual labour who have been granted temporary status and perquisites applicable to temporary Railways employees, but have not been absorbed in regular temporary establishments. In their cases existing rule and orders will continue to remain in force.

Indian Railway Establishment Code, Volume-I
Advance Correction Slip No.419 R-I

For the existing Note (2) under Rule 732 of the Indian Railway Establishment Code, Volume-I, substitute the following:-

“Note (2) – Where a temporary Railway servant fails to resume duty on the expiry of the maximum period of Extraordinary Leave granted to him or, where he is granted a lesser amount of Extraordinary Leave than the maximum amount admissible, and remains absent from duty for period which, together with the period of Extraordinary Leave granted, exceeds the limit upto which he could have been granted such leave under sub-rule (1) above, he shall, unless the President in view of the exceptional circumstances of the case otherwise determines, be removed from service after following the procedure laid down in the Discipline and Appeal Rules for Railway Servants.”

[Authority: RBE No. 88/1985, No.E(P&A)I-84/CPC/E3, 23.03.1985, ACS No.419 R-I]

Download Railway Board Circular RBE No. 88/1985

Forward reference ⇒ RBE No.15/1989,