RBE 133/2017 - Rule 14(ii) of Railway Servants (D&A) Rules, 1968 —Following of proper procedure regarding

RBE No. 133/2017

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

New Delhi, 18.09.2017

No.E(D&A) 2017 RG6-21

The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).

Sub: Rule 14(ii) of Railway Servants (D&A) Rules, 1968 —Following of proper procedure regarding

Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968, which emanates from the provisions contained in clause (b) of the second proviso to Article 311 (2) of the Constitution of India, lays down special procedure for imposition of penalties in situations where the disciplinary authority is satisfied, for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules.

2. The scope and ambit of the special procedure under the aforesaid Rule 14(11) and the protections embodied therein for the Railway servants have been explained in Circulars issued by this Ministry from time to time. It is to be noted that

(i) the conditions precedent to application of the aforesaid special procedure,

(ii) the action taken thereunder being subject to judicial review and

(iii) permissibility of the claim by the penalized person for holding of inquiry at the stage of appeal, revision etc, have been explained in paragraphs 6, 7 and 8 respectively of Department of Personnel & Training OM No. 11012/11/85- Estt(A) dated 11.11.1985 as circulated vide this Ministry’s letter No. E(D&A) 85 RG6-72 dated 06.02.1986. A Note regarding some of the important points to be borne in mind while taking action under the aforesaid Rule 14(ii) and specimens of speaking order and notice imposing penalty thereunder were also circulated vide this Ministry’s letter no. E(D&A) 85 RG6-72 dated 06.10.1988. Further thereto, the requirement that the reasons recorded by the Disciplinary Authority for dispensing with the inquiry should be supported by objective facts and/or independent material, was emphasized vide this Ministry’s letter no. E(D&A) 92 RG6-48 dated 06.04.1992.

3.Notwithstanding above, instances of non-adherence to the aforesaid instructions/clarifications have been brought to notice of this Ministry.

4. In view of above, the afore-mentioned instructions/clarifications are emphatically reiterated. All zonal Railways/production Units etc. are directed to bring it to the notice of the disciplinary/appellate/revisionary authorities that, whenever it is proposed to invoke action under the aforesaid Rule 14 (ii), it is imperative that all the instructions mentioned above in this regard are followed scrupulously so as to ensure that the action is not found wanting in compliance of:

(i) the mandate under the clause (b) of the second proviso to the Article 311 (2) of the Constitution of India,

(ii) of the provisions contained in the aforesaid Rule 14(ii), and

(iii) of the related subsidiary instructions/clarifications.

5. Hindi version will follow. please acknowledge receipt.

S/d,
(Sunil Kmar)
Director Estt. (W&D&A)
Railway Board.