Rule 14(ii): Procedure for Imposition of Penalties under RS(D&A) Rules

No.E(D&A)85 RG6-72, dated 14.10.1988

Sub: Procedure for imposition of penalties under Rule 14(ii) of the Railway Servants (Discipline And Appeal) Rules, 1968.

1. Reference Railway Board’s letter of even no. dated 06.10.1988 on the above subject.

2. In situations where Rule 14(ii) is used to deal with elements who are involved in serious agitations/ cases of assault on a senior supervisors or officers or involved in accidents where there is apprehension of violence or actual violence, there must be witnesses to the happenings. These witnesses would be reluctant to depose before an Enquiry Officer about what they had witnessed or heard. This reluctance would naturally be because of fear or threat of violence against themselves and/or their family members. Reluctance of the witnesses to depose before the Enquiry Officer in such cases is one of the main reasons for invoking Rule 14(ii). The same fear or threat would persist even later, if a formal enquiry is attempted to be held at the stage of consideration of appeal or revision against the penalties imposed under Rule 14(ii).

3. In aforesaid cases, written and signed statements must invariably be obtained from the concerned witnesses indicating their knowledge of the serious delinquency on the part of the persons taken up under Rule 14(ii), why the witnesses are not in a position to depose if disciplinary enquiry is held, i.e. for fear of physical injury to themselves or their families and also why it is not possible for them to depose even at a later stage as the fear or threat would not dissipate merely because of passes of time and/or the situation returning to normal.

Please acknowledge receipt.

Download Railway Board Circular dated 14.10.1988                                              

Forward reference ⇒ RBE No.