Review: Railway Servants (Discipline and Appeal) Rules, 1968
No.E(D&A)69 RG6-8, dated 19.06.1969
Sub: Railway Servants (Discipline and Appeal) Rules, 1968 – Authority Competent to deal with appeal or initiate review action in case of railway employees transferred to another Railway/ Division after the imposition of penalty.
1. In Board’s letter No.E(D&A)60 RG6-30, dated 28.07.1962, instructions have been issued as to who should act as the disciplinary authority in cases where a railway employee is transferred from one Railway/ Division to another and it is proposed to initiate disciplinary action against him for the offence committed by him on the former Railway/ Division. In accordance with these instructions generally, disciplinary action should be taken by the competent authority on the Railway/ Division on which the person concerned is working at the time of initiating disciplinary action and the need for transferring the railway servant back to the former Railway/ Division, on which the offence was committed, and the competent authority on that Railway/ Division acting as the disciplinary authority, should rarely arise.
2. A point has been raised as to who should act as appellate or reviewing authority in cases where a railway servant files an appeal after he has been transferred to another Railway/ Division after the imposition of the penalty. The position in this regard is clarified as follows:-
The appellate authority is that to which the punishing authority is immediately subordinate. Therefore, the appeal will lie only to that authority on the Railway/ Division where the employee was working at the time of the imposition of the penalty, notwithstanding the fact that the employee has been transferred to another Railway/ Division. According to the rules, the authority can enhance the penalty already imposed after following the prescribed procedure and therefore, the appellate authority on the former Railway/ Division may enhance the penalty, if considered necessary even though the employee has been transferred to another Railway/ Division.
3. The position is, however, somewhat different in so far as review of the disciplinary order is concerned. In terms of sub-rules (1)(iii) and (1)(v) of rule 25 of the RS (D&A) Rules, 1968, only that authority can act as reviewing authority under whose control the railway servant is working. It would, therefore, not be possible under the said rules, for the authorities on the Railway/ Division where the employee was previously working and punished, to act as reviewing authority after his transfer from that Railway/ Division. The review action can be taken only by the appropriate reviewing authority on the Railway/ Division where the employee is working at the time of the proposed preview.
In cases, however, where the appellate authority act as reviewing authority, in terms of sub-rule (1)(iv) of rule 25 of the RS (D&A) Rules, within the prescribed time limit, there is no objection for the appellate authority to act as reviewing authority, even after the employee’s transfer to another Railway/ Division.
(This disposes of Northern Railway Dy.CPO’s DO No.E.142/D/VII, dated 07.12.1968)
Download Railway Board Circular dated 19.06.1969
Forward reference ⇒ RBE No.