Suspension: RBE No.199/2000 – Continuation of Departmental Proceedings
No.E(D&A)2000 RG 6-41, dated 21.11.2000
Sub: Continuation of departmental proceedings against retired Rialway servants who were under suspension on the date of their retirement.
1. A case has come to the notice of this Ministry where a railway servant was under suspension on the date of his retirement and charge sheet was issued to him after his retirement from service by the General Manager under Rule 9 of RS (D&A) Rules. A question has arisen whether the charge sheet in the above case should have been issued under Rule 9 of RS (D&A) Rules or Rule 9 of RS (Pension) Rules and also whether the sanction of the President was not required as the charge sheet was proposed to be issued to a retired Railway servant.
2. The matter has been examined in consultation with Finance Directorate and Legal Adviser of this Ministry. Attention of the Railways in this connection is drawn to the provisions contained in sub-rule 5(a) of Rule 9 of RS (Pension) Rules, 1993. These provisions stipulate that for the purpose of Rule 9 of these rules, the departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Railway servant or pensioner or if the Railway servant has been placed under suspension from an earlier date, on such date. In other words, in respect of a Railway servant who was under suspension on the date of his retirement the departmental proceedings are deemed to be instituted on the date he was placed under suspension. Approval of the President for issue of charge sheet in Such cases is therefore, not required as the departmental proceedings were already instituted before the retirement of the charged official and the charge memorandum can be issued by the Disciplinary Authority who would have issued the charge memorandum had the charged official been in service. In such cases, however, the proceedings continue under Rule 9 of Pension Rules. Since the power to continue the proceedings after retirement of the charged official is drawn from Rule 9 of Pension Rules, this fact, there fore, should also find a mention in the charge sheet issued in such cases.
3. It has, therefore, been decided that in cases where the Railway servant was under suspension on the date of his retirement and the departmental proceedings are continued after his retirement from service and a charge memorandum is proposed to be issued to him in this connection, the first paragraph of the charge memorandum should read as under:-
“In terms of order No. ………………………………………………. dated …………………Sh. …………………………………………was suspended from service w.e.f. while he was still in service. In terms of Sub-rule (2) (a) read with Sub- rule 5(a) of Rule 9 of Railway Services (Pension) Rules, 1993, departmental proceedings instituted before the retirement of Shri …………………………………………………….are deemed to be proceeding under Rule 9 of the Railway Services (Pension) Rules, 1993.
4. The rest of the charged memorandum should be in the standard format with para 1 renumbered as para 2 and so on, except that para 7 of the standard format should also not be included in these cases since this paragraph refers to conduct rules which are not applicable to retired Railway employees.
Please acknowledge receipt.
Download Railway Board Circular RBE No.199/2000
Forward reference ⇒ RBE No.