Rule 14(ii): Procedure for Imposition of Penalties under RS(D&A) Rules
No.E(D&A)85 RG6-72, dated 06.10.1988
Sub: Procedure for imposition of penalties under Rule 14(ii) of the Railway Servants (Discipline And Appeal) Rules, 1968.
Attention is invited to the detailed instructions contained in Board’s letters No.E(D&A)85 RG6-72, dated 06.02.1986, No.E(D&A)85 RG6-72, dated 16.05.1986 and No.E(D&A)86 RG6-74, dated 13.04.1987 on the above subject.
In this connection please find enclosed as Annexure ‘A’ a detailed note on the above subject. Para 3 & 5 may be specifically borne in mind by the disciplinary authorities, who desire to take action under Rule 14(ii). These are in addition to the guidelines circulated in Board’s three letters mentioned in para 1 above. The specimen of the “speaking order of disciplinary authority” and specimen of “notice of removal from service” given as Annexures ‘B’ & ‘C’ may also be utilized in drafting such documents in cases of Rule 14(ii). These have been only given as guidelines and should not be quoted verbatim as depending upon the circumstances, more amplified and specific reasons for dispensing with the enquiry should be given so that the same can carry conviction with court of law, when the orders are challenged.
Please acknowledge receipt.
ANNEXURE – ‘A’
Note regarding sum of the important points to be borne in mind while taking action under Rule 14(ii) of the Railway Servants (D&A) Rules, 1968:-
1. Even though no formal enquiry is necessary, it is desirable that the Disciplinary Authority appoint an investigating officer(s) (a committee of one or two officers) who can go into the entire issue and put up an appreciation report bringing out the situation prevailing. The report should also contain the nature and magnitude of delinquency involved. The Disciplinary Authority should consider the report and all other issues connected with the situation and record the reasons in the file in support of its conclusion that it is not reasoning practicable to hold the enquiry into the allegations of misconduct and therefore the necessity of invoking Rule 14(ii).
2. In recording the reasons for dispensing the enquiry, the Disciplinary Authority can make use of the following factors, as may be applicable to the circumstances of the case:-
(i) The mere fact that the delinquent employee participated in an illegal strike will not be a sufficient reason for removal under Rule 14(ii) of RS(D&A) Rules, 1968 unless such participation is accompanied by intimidation of co-workers and causing apprehension in the minds of co-employees that it would be hazardous to give evidence against him in case of an enquiry, in which case the enquiry will not be practicable. Such apprehension should preferably be available in writing.
(ii) The situation may be such that if the action is delayed the delinquent employee’s conduct will lead to hooligans and other unruly elements taking opportunity and time to organise further unlawful activities which may result in the aggravation of the situation which is already explosive and which may lead to disturbances to public order and tranquility and/or damage to vital installations/ costly public property.
(iii) In view of above it would be necessary to take swift disciplinary action against such a potentially dangerous employee who is directly or indirectly responsible for the above situation, to ward off, caution and deter other employees, who are intimidated by him, not to abstain from work.
3. It may be noted that the order imposing the penalty must also be speaking order in the sense that the allegations constituting misconduct for which the employee is being removed, dismissed, etc., have to be set out in the order and the reasons for meting out the punishment in question should be indicated. A bald statement in the penalty order that it is undesirable to retain the employee in service is not sufficient.
4. After recording due reasons as per specimen of speaking orders at Annexure ‘B’, the disciplinary authority can serve a notice of dismissal, removal etc. making use of the specimen enclosed as Annexure ‘C’. These specimens are only illustrative for a particular type of situation.
5. The above notice may be served on the party in person or by Registered Post and by resorting to pasting the order on the door of the employee’s house and the Notice Board of the office, duly taking statement of two witnesses to the events, if the employee refuses or evades service of the above notice.
ANNEXURE- ‘B’
A specimen of speaking orders of disciplinary authority:-
Mr. X, Diesel Driver at ‘A’, while working Train No. ‘T’ from ‘A’ arrived at ‘B’ at about 4.45 hours on 31.05.1981 and refused thereafter to work the train further to ‘C’ on the plea that he does not know the road from ‘B’ to ‘C’ even though Pilot Driver was also provided for his assistance. He detained the train for ………….hours which resulted in further detention to goods trains carrying essential commodities. This affected the disruption of all trains due to stopping all other trains in the rear. Subsequently, he instigated the other co-workers available at ‘B’ and made them to refuse Call Books for working trains from ‘B’. As a result of this instigation and agitation on the part of M. ‘X’, the Drivers refused Call Books to work trains from ‘B’. This also resulted in the avoidable detention of all trains on ‘B’ and ‘A’ section for about nearly 13 hours commencing from 10 hours on 31.05.1983 to 13.00 hours on 01.06.1983. He, with the help of his assistants, also collected Railway employees by coercion at their residential places with threats etc. He refused to carry out instructions of ………………………. and was responsible for stopping train movement involving trains carrying essential commodities for public.
I am therefore satisfied that Mr. ‘X’ has absented himself from duties and deliberately failed to perform his legitimate duties in spite of repeated instructions and his activities are such as to harass the staff to disrupt work so as to paralyze the running of essential train services and thus affecting public interest. I am satisfied that it is not reasonably practicable to hold an enquiry in the tense atmosphere and no co-worker is willing to give evidence against him for fear of harassment. I, therefore, in exercise of the powers conferred upon me under Rule 14(ii) of RS(D&A) Rules, 1968, have decided to impose the penalty of ………………… He may be advised to handover the railway property in his custody; he may also be advised to vacate the Railway Quarters under occupation within one month from the date of this order. If he fails to do so he will be deemed to be occupying Railway Quarters unlawfully and dealt with under rules for unlawful occupation.
An appeal against this order lies with the Appellate Authority, within 45 days.
Disciplinary authority
ANNEXURE – ‘C’
Notice of removal from service:-
Reference Rule 14(ii) of the Railway Servants (Discipline & Appeal) Rules, 1968
No. Dated: ………………….
Whereas Mr. ‘X’, Driver under Loco Foreman’s office, ……………………….…….Railway …………………… is absent from duties and has deliberately failed to perform his legitimate duties in spite of repeated calls and whereas the said Mr. ‘X’ is taking part to mobilise the staff for disruptive work so as to paralyse the running of trains and whereas the said Mr. ‘X’ was creating panic among the loyal Railway staff by intimidation and threat of harassment to them as well as to their families and his activities are considered prejudicial to the interest of Railway Administration and to the general public by causing obstruction for moment of essential commodities and whereas in the interest of the Railways as also of the general public. The Railway employees were so much intimidated that they are afraid to give evidence in case an enquiry is held. Retention of Mr. ‘X’ in Railway Service any further is considered undesirable and whereas it is considered that it is not reasonably practicable to hold an enquiry in this disturbed situation in the manner provided for in the Railway Servants (D&A) Rules, 1968.
Now, therefore, in exercise of the powers conferred by Rule No. 14(ii) of the RS(D&A) Rules, 1968, the undersigned hereby removes the said Mr. ‘X’, Driver under Loco Foreman ………………………Railway …………………..from service with effect from ………………………….
Mr. ‘X’ is hereby advised that under Rule 18 and 19 of the Railway Servants (Discipline & Appeal) Rules, 1968, he may prefer an appeal against these orders to ………………………………………….provided that;
(i) The appeal is preferred within a period of 45 days from the date on which a copy of this Memorandum is delivered to him;
(ii) The appeal is preferred in his own name and presented to the authorities to whom the appeal lies and does not contain any disrespectful and improper language.
Sr.DME/DRM (as the case may be)
(Disciplinary Authority)
Download Railway Board Circular dated 06.10.1988
Forward reference ⇒ RBE No.