Disciplinary Appeal Rules presentation.pptx

Railway DAR rule

1. These rules may be called “The Railway Servants (Discipline and Appeal) Rules, 1968” . They shall come into force on the 1 st day of October, 1968

2. DISCIPLINE In every organization where employees work, certain rules of conduct are maintained to keep the discipline in force. For every violation of these rules and regulations, the delinquent employees are liable for punishment, which is prescribed in the rules framed for the purpose.

3. APPLICATION (1) These rules shall apply to every Railway servant but shall not apply to :- (a) any member of the All India Services; (b) any member of the Railway Protection Force as defined in the Railway Protection Force Act, 1957 (23 of 1957); (c) any person in casual employment; and (d) any person for whom special provision is made, in respect of matters covered by these rules by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions. (2) Notwithstanding anything contained in the above, the President may, by order, exclude any class of Railway servants from the operation of all or any of these rules.

4. Disciplinary Authority :- The authority who is empowered to impose any one punishment either minor or major, as the case may be, is known as the Disciplinary authority. Appellate authority :- The authority who is next higher in rank than the Disciplinary authority is known as the Appellate authority. Revising authority :- The authority who is next higher in rank as per hierarchy, to the appellate authority is known as the revising authority.

5. REASON TO D&A ACTION In our railway system, the discipline as should be maintained are prescribed in the Railway Service Conduct Rules-1966, which are mainly:- A. Maintenance of absolute integrity. B. Maintenance of devotion to duty, C. Do nothing which is unbecoming of Railway/ Government Servant. + 18 general rules that are prescribed from Rule-3 to 22A in RS (Conduct) Rules, 1966.

6. STANDARD FORMS Order of suspension SF - 1 Order of deeming a railway servant under suspension SF – 2 Non-employment Certificate to be furnished by suspended official during the period of suspension. SF – 3 Order of revocation of suspension SF – 4 Charge sheet for major Penalty SF – 5 Refusing of Permission to inspect documents SF – 6 Appointment of Inquiry/ Board of Inquiry SF – 7 Appointment of Presenting officer SF - 8

7. STANDARD FORMS Disciplinary Action in common proceedings SF – 10 Appointment of Enquiring Authority in common proceedings SF – 10(a) Appointment of Presenting officer in common proceedings SF – 10(b) Charge Sheet for minor penalty. SF – 11 Charge sheet for initiation of Minor penalty proceedings in cases where Disciplinary Authority decides to hold the inquiry SF – 11(b) Taking disciplinary action for minor penalty where charge–sheet for major penalty was initially issued. SF – 11(c)

8. The D&A rules are mainly classified into 4 different groups:- 1.   SUSPENSION 2.   IMPOSITION OF PENALTY (MAJOR & MINOR) 3.   APPEAL AGAINST PUNISHMENT. 4.   REVISION / REVIEW.

9. SUSPENSION (Rule-5) The railway servant may be placed under suspension:- Where a disciplinary proceedings against him contemplated or is pending; or Where, in the opinion of the authority competent to place a railway servant under suspension, the employee has engaged himself in the activities prejudicial to the interest of the security of the state; or Where a case against him in respect of any criminal offence is under investigation, inquiry or trial.

10. DEEMED SUSPENSION A Railway servant shall be deemed to have been placed under suspension by an order of the competent authority:- With effect from the date of his detention, if he is detained in custody, where on a criminal charge or otherwise, for a period 48 hours. With effect from the date of his conviction, if in the event of conviction for an offence, he is sentenced to a term of imprisonment exceeding 48 hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.

11. The suspended Rly servant is not required to attend office during suspension. Order is effective after acknowledgement. In case of Suspension is not followed by major penalty, the entire suspension period will be treated as duty

12. Authority competent to modify or revoke the order of suspension/deemed suspension: Where a Railway servant is suspended or is deemed to have been suspended and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Railway servant shall continue to be under suspension until the termination of all or any of such proceedings. An order of suspension made or deemed to have been made under this rule, may, at any time, be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.

13. Review of Suspension or Deemed Suspension An order of suspension made or deemed to have been made (except any Disciplinary proceeding is commenced during suspension), shall not be valid after a period of 90 days unless it is extended after review in the manner indicated below, for a further period before expiry of the 90 days. The order of suspension can be reviewed by the authority which is competent to modify or revoke the suspension, on the recommendation of the review committee constituted for the purpose, and such competent authority shall pass orders either extending or revoking the suspension before the expiry of 90 days from the date of order. Subsequent reviews shall be made before the expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding 180 days at a time.

14. To whom the suspension or revocation orders to be served The orders of suspension or revocation of suspension should be served to the employee concerned. No orders should be issued orally or telephonically. In case of exceptional circumstances if such orders to be intimated orally or telephonically, written orders must be followed immediately to avoid any misapprehension. The supervisor concerned under whom the said employee is working must serve the order in writing and obtain clear acknowledgement and should also make intimation of the event to all concerned in the jurisdiction.

15. ENTITLEMENTS TO SUSPENDED STAFF Subsistence Allowance During the period of suspension, suspended employee is entitled to the payment of subsistence allowance at an amount equal to the leave salary which the Railway Servant would have drawn if he had been on leave on half average pay or on half pay; DP/DA In addition, DP / DA / ADA, if admissible, on the basis of such leave salary; CEA Entitled for the grant of Children Education Allowance or Hostel subsidy, as the case may be. TA/DA TA/DA will be paid while giving evidence in court or attending Departmental inquiries at a place away from his Headquarters.

16. PLB No PLB would be admissible in respect of the period of suspension. The question of admissibility of PLB for the period of suspension should be decided after a decision has been taken to regularize the period of suspension as duty or leave, as the case may be, which would qualify as duty for payment of bonus. Rly. Qtrs. Entitled for the retention of Railway Quarters during the period of suspension Defence Asst. May act as Defence Assistant and while acting as Defence Helper will be entitled all facilities such as Duty pass, TA/DA for the stay outside Hqrs etc PF May draw withdrawals/ advance from PF

17. Union Activities May be elected as office bearer of a union May participate in PNM etc meetings Advances Not eligible to draw any advance, except HBA with collateral security and PF. Pass/PTO GM in respect of Gazetted officers may permit to issue Privilege passes not exceeding 50% of entitlement (No pass, if already availed more than half the number due) DRM may permit to issue one set to Non-gazetted (No pass, if one set of pass remains to his credit) PTO s: - TWO sets of PTO s reduced by the number of PTO s already availed. Note: in case the suspended employee is not permitted to leave the Hqrs., Passes within the prescribed limits may be issued to family/ dependent members. Deptt. Tests/ Promotions Allowed to appear for Departmental Examinations [selection / non-selection/ TT] but result will be kept in abeyance till the proceedings are completed. May not be promoted till finalization, even if borne on a panel/ select list.

18. Running Staff while under Suspension [i] For the purpose of calculation of Subsistence allowance in respect of Running Staff, 30 % of basic pay should be treated as Pay. [ii] When under suspension and required to attend Departmental inquiries/courts may be granted Traveling Allowance. [iii] When not under suspension and required to attend Departmental inquiries or law courts are allowed Allowance in lieu of Kilometer age, irrespective of the outcome of the inquiry (Bd’s Lr.No.E(P&A)II-81/RS 6 dt. 13.03.1984, SER No.48/1984) Cases of Payment of allowance in lieu of kilometer age (ALK) to running staff for periods of suspension eventually treated as duty for all purposes (RBE No 49/2002, & 232/2002) .

19. (a) Review of quantum Subsistence Allowance : where the period of suspension exceeds 3 months [Note: - prior to 23.10.79 it was 6 months] the authority, which made or is deemed to have made the order of suspension, shall be competent to vary the amount of subsistence allowance (INCREASE or DECREASE) for any period subsequent to the period of the first 3 months as follows: - (INCREASE on Review) - the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 percent of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Railway Servant; (DECREASE on Review) -the amount of subsistence allowance may be reduced by a suitable amount not exceeding 50 percent of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority, the period of suspension has been prolonged, due to reasons, to be recorded in writing, directly attributable to the Railway Servant; The Review of Subsistence Allowance in the case of Deemed Suspension can be made subsequent to the period of the first three months from the date of order of deemed suspension and not from the date of suspension.

20. Second/subsequent review of quantum Subsistence Allowance : i. Though the proviso to Rule 1342(1) (a)/FR 53(1) (a) RII does not specifically provide for a second or subsequent review, there is no objection to such review(s) being made by the competent authority. Such authority shall be competent to pass orders to increase or decrease the rate of subsistence allowance up to 50% of the amount of the subsistence allowance initially granted, according to the circumstances of each case. A second or subsequent review can be made at any time at the discretion of the Competent Authority. ii. It is permissible to reduce the amount of subsistence allowance once increased on the basis of the first review up to 50% of the amount of the subsistence allowance initially granted, if the period of suspension has been prolonged for reasons directly attributable to the Railway Servant i.e., by his adopting dilatory tactics. Similarly, in a case where the amount of subsistence allowance has been reduced after the first review, the same can be increased up to 50% of the amount initially granted, if the period of suspension has been prolonged for reasons not directly attributable to the Railway Servant and the Railway Servant has given up dilatory tactics. (No. F (E) 66-SPN/1/1 of 21-8-66).

21. Deductions from Subsistence Allowance Compulsory Deductions: (i) Income Tax where due. (ii) House Rent and allied charges i.e., electricity charges, Water charges. (iii) Station debits, stores debits, workshop debits. (iv) Hospital diet charges. (v) Doctors fee under contract system. (vi) Recovery towards advances and loans taken from Government. (b) Optional Deductions: (which may not be recovered except with the written consent of the suspended employee) (i) LIC Premia. (ii) Subscription of Railway Institutes and Clubs. (iii) Co-operative dues. (iv) Refund of SBF/PF Loans. (v) School fees. (c) Prohibited Deductions: (which cannot at all be made) (i) Subscription to GPF. (ii) Amounts due on court attachments. (iii) Recovery of loss to Govt. for which the Railway Servant is responsible until the issue of formal order fixing responsibility for the loss.

22. RESTRICTIONS ON THE SUSPENDED STAFF Pass/ PTO Such employee is not required to attend to his work but cannot leave the station without prior permission of the Competent Authority. Headquarter of a Rly. staff should normally be assumed to be his last place of duty. Not required daily attendance and marking his presence. In exceptional circumstances Passes/PTOs may be granted, when the Railway Servant is permitted to leave the station by an authority not lower than that which suspended him. In case the suspended employee is not permitted to leave the Hqrs., Passes within the prescribed limits may be issued to family/ dependent members. No RCP will be given during suspension.

23. RESTRICTIONS ON THE SUSPENDED STAFF Forwarding Applications Applications of such Railway Servants should not be forwarded, for any assignment scholarship, fellowship, training etc., VR/ Resignation It would not be correct to accept resignation or VR from an officer under suspension Leave/ Sick Employees under suspension are not entitled for the grant of any kind of leave including sick leave. In case he reported sick, he can be provided with medical aid, but shall not kept under sick list. Increments During suspension increments also will not be granted.

24. MINOR PENALTIES i)  Censure; ii) Withholding of his promotion for a specified period, iii)  Recovery from his pay of the whole or part of any pecuniary loss caused by him to the government or Railway Administration by negligence or breach of orders, iii-a) Withholding of privilege passes or privilege Ticket orders or both, iii-b) Reduction to a lower stage in time scale of pay by one stage below for a period not exceeding three years without cumulative effect and not adversely effecting his pension, iv) Withholding of the increment of pay for a specified period with further directions as to whether on the expiry of such period this will or will not have the effect of postponing future increment of his pay.

25. MAJOR PENALTIES V) Save as provided for in clause (iii-b) reduction to lower stage in the time scale of pay for a specified period, and the reduction will or will not have the effect of postponing the future increments of his pay. VI)  Reduction to a lower time scale of pay, grade, post, or service, with or without further directions regarding conditions of restoration to the grade, or post, or service from which the railway servant was reduced and his seniority and pay on such restoration to the grade, post or service. VII)  Compulsory retirement, VIII) Removal from service, which shall not be disqualification for further employment under the Govt. or Railway Administration. IX) Dismissal from service, which shall ordinarily be a disqualification for further employment under the Govt. or Railway Administration.

26. S. No Authority empowered to place a Railway servant under suspension or to impose penalties under rule 6 Class of Railway Servants over whom disciplinary powers can be exercised Nature of penalties mentioned in rule 6 which the authority in Column 2 is empowered to impose on Railway Servants mentioned in corresponding entries in Appellate Authority (1) (2) (3) (4) (5) 1 Sr.Supervisors incharge with GP Rs.4200/- and above. (Described as Supervisors In-charge by the Railway Admn. for this purpose) All staff who are three grades (Grade Pay) below and lower than the D.A. Penalties specified in clauses (i) to (iv) (no such power can be exercised where inquiry under sub-rule (2) of rule 11 is required) and suspension subject to report to Divisional/Asst. Officer In-charge within 24 hours in case of Group ‘C’ staff. Asst.Officers (Junior Scale and Group ‘B’ Gazetted) DISCIPLINARY POWERS

27. S. No Authority empowered to place a Railway servant under suspension or to impose penalties under rule 6 Class of Railway Servants over whom disciplinary powers can be exercised Nature of penalties mentioned in rule 6 which the authority in Column 2 is empowered to impose on Railway Servants mentioned in corresponding entries in Appellate Authority (1) (2) (3) (4) (5) 2 Assistant Officers (Junior Scale and Group ‘B’) (Gazetted) All staff with Grade Pay of up to and including ` 2400/- Penalties specified in clauses (i) to (v) and suspension. Also Penalty specified in clause (vi) on staff with Grade Pay of up to and including Rs.1650/- only. Sr.Scale/ Independent charge Asst.Officers (Jr. Scale & Group ‘B’ (Gazetted) 3 Sr.Scale/Asst. Officers (Junior Scale and Group ‘B’ (Gazetted) holding independent charge) All staff with Grade Pay of up to and including ` 2800/- Penalties specified in clauses (i) to (vi) and suspension. JAG/Sr.Scale Officers holding independent Charge or In-charge of a Department in the Divn.

28. S. No Authority empowered to place a Railway servant under suspension or to impose penalties under rule 6 Class of Railway Servants over whom disciplinary powers can be exercised Nature of penalties mentioned in rule 6 which the authority in Column 2 is empowered to impose on Railway Servants mentioned in corresponding entries in Appellate Authority (1) (2) (3) (4) (5) 4 JAG and Sr.Scale Officers holding independent Charge or In-charge of a Deptt. in the Divn. All classes of non- gazetted staff Penalties specified in clauses (i) to (vi) and suspension ADRMs in relation to the Deptts attached to them or DRMs 5 ADRMs in relation to the Departments attached to them or DRMs All classes of non- gazetted staff. Penalties specified in clauses (i) to (vi) and suspension SAG Officers in the Zonal Rly. Hqrs. in PB-4 with GP Rs.` 10000/- including PHODs in PB-4 with G0P Rs.12000/-

29. An Appointing Authority or an authority of equivalent rank or any higher authority shall be competent to impose penalties specified in clauses (vii), (viii) and (ix) of Rule-6. 2) Where the post of appellate authority as shown in column-5 is vacant, then, in that case, the next higher authority shown in the row just below that authority shall be the appellate authority. 3) The appointing authority or an authority of equivalent rank or any higher authority who is competent to impose the penalty of dismissal or removal or compulsory retirement from service, may also impose any lower penalty.

30. 4) In cases of persons found guilty of any act or omission which resulted or would have, ordinarily, resulted in collision of Railway trains, one of the penalties specified in clauses (viii) and (ix) shall, ordinarily, be imposed and in cases of passing Railway signals at danger, one of the penalties specified in clauses (v) to (ix) shall, ordinarily be imposed and where such penalty is not imposed, the reasons thereafter shall be recorded in writing. 5) In case of persons found guilty of possessing assets disproportionate to known sources of income or found guilty of having accepted or having obtained from any person any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, one of the penalties specified in clauses (viii) or (ix) shall ordinarily be imposed and where such penalty is not imposed, the reasons therefore shall be recorded in writing.

31. Appointing Authority :- The authority who is empowered to make appointment to any person in Railway or provide promotion to the present grade, whichever is higher, is termed as the appointing authority. JAG/Senior Scale } Full Powers in respect of (in independent charge) } posts controlled by them. Sr. Scale Officers Full Powers for posts up to level 5 (GP 2800) under their control. Jr. Scale /Asst. Officer Full Powers Full Powers in respect of posts upto Level 1 & Artisan in level 2.

32. For unauthorized occupation of railway/ govt land major penalty should be imposed. For fraudulent claim of TA/DA/OTA severe deterrent punishment should be imposed. A Rly servant secured appointment on bogus caste certificate, the penalty of dismissal should be imposed. Deterrent punishment should be awarded to railway servants detected misusing passes and privilege ticket orders; this may take the form of dismissal or removal from service or reduction to a lower post depending upon the seriousness of the offence. Failure of a rly servant to look after his family is a good and sufficient reason for taking action under D&A.

33. In case of recorded warning, a show cause notice has to be served and representation properly considered by the competent authority. (141/2010) The person also has a right to appeal against an order of recorded warning. (141/2010) Penalty takes effect from the date of issue/service of the notice. (44/85)

34. PROCEDURE FOR IMPOSITION MINOR PENALTIES Before action is taken under D&A Rules there should be a report against an employee who have violated the rules prescribed in performing his duties for which he should be taken up. On examination of the report the disciplinary authority should take decision to issue a charge sheet either on major penalty or minor penalty. In case of minor penalty a charge sheet in the Standard Form is to be issued enclosing statement of imputation of mis-conduct / misbehavior on which action is proposed to be taken should be issued him to submit his representation within 10 days of receipt of the Memorandum.

35. PROCEDURE FOR IMPOSITION MINOR PENALTIES On receipt of the representation the Disciplinary Authority will consider imposition of any of the penalties specified in Rule-6. However if the Disciplinary authority decides to impose punishment of stoppage of increment for a period of exceeding 3 years or withholding of Increments with cumulative effect for any period which is likely to affect adversely the amount of pension, an enquiry shall be held as required in the case of major penalty charge sheet. The order of the Disciplinary Authority shall be communicated to the railway servant who shall also be supplied with a copy of the report of enquiry, if any, held and a copy of its findings where the Disciplinary Authority is not the Enquiry Authority.

36. PROCEDURE FOR IMPOSITION OF MAJOR PENALTIES Major penalty shall accompanied with (i) the articles of charges, (ii) statement of imputations of misconduct or mis-behaviour on which the articles of charges (iii) list of documents and (iv) names of witnesses. In order to avoid delay in finalization of the D&A cases, as far as possible copies of documents mentioned in the charge sheet be submitted along with the charge sheet to the delinquent. The employee shall be permitted to inspect the documents and also to ask for additional documents to submit his written statements of defence within next 10 days.

37. If the disciplinary authority on consideration of the explanation feels that the ends of justice would be met if a minor penalty is imposed, in such case the competent authority may make an order imposing the minor penalty and it will not be necessary to give the Railway servant any further opportunity to make representation before the punishment could be imposed. Otherwise after receipt of the explanation, the disciplinary authority may himself conduct the D&A enquiry or appoint an Officer or a Committee of Officers to enquire into the charges and to submit the report. For this purpose first the order appointing an enquiry Officer shall be issued and copy served on the Officer so appointed to enquiry and also on the Railway employee concerned.

38. PROCEDURE FOR CONDUCTING ENQUIRIES The oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced on behalf of the disciplinary authority. The articles of charges and the statement of imputations of misconduct of misbehavior against the Railway servant shall be read out to him or alternatively communicated to him in a statement over the signature of an enquiry officer. The witnesses on behalf of the disciplinary authority shall first be examined and subjected to cross examination by the defense. At this stage it may be stated that the witness shall be warned to speak the truth at the enquiry and if it is subsequently ascertained that any one of them has given false evidence he shall render himself liable to disciplinary action.

39. The Enquiry Officer may call for new evidence or recall or re-examine any witness but in such the Railway servant shall be entitled to have, if he deems it necessary a copy of the list of further evidence proposed to be produced an adjournment of the enquiry of three clear days before production of such new evidence, exclusive of the day of adjournment and the day on which the enquiry has been adjourned. The Rly. servant shall have an opportunity of inspecting such documents before they are taken on record. The E.O. may also allow the Rly. Servant to produce new evidence if any if it is of the opinion that the production of such evidence is necessary in the interest of justice. New evidence shall not be permitted or called for or any witness shall be recalled to fill up any gap in the evidence. Such evidence shall be called for only when there is an inherent lacuna or defect in the evidence which has been originally produced. Thereafter, the D.E.shall be examined. It is after his examination that the defense witness should be examined.

40. After the enquiry is concluded the Railway servant shall be intimated that he can submit a final brief and the content of such final brief should be recorded as a part of his defense. The E.O. shall obtain the signature of the accused Railway servant on the statements of the witness whose evidence is recorded in his presence on all the pages. If the E.O. ceases to exercise his jurisdiction in the enquiry case due to his transfer or retirement, another officer may be appointed to continue the enquiry and finalize the case. If in the opinion of the enquiry authority the proceedings of the enquiry establishes may articles of charges different from the original articles of charges it may record its findings on such articles of charges. Provided that the findings on such articles of charge shall not be recorded unless the Railway servant has either admitted the facts on which such articles of charges is based or has had a reasonable opportunity of defending himself against such articles of charges.

41. ACTION ON THE ENQUIRY REPORT. The copy of the report of E.O. is to be furnished to the charged Railway Servant stating that to make a representation to D.A. within 15 days of receipt such letter. If the D.A. is of the opinion that further examination of any of the witnesses is necessary in the interest of justice, he may recall the witness and examine, cross-examine the witness. In case the D.A. proposes to disagreed with the findings of E.O., it would not be necessary for D.A. to come to any tentative conclusion about its findings before forwarding a copy of enquiry report.

42. After giving an opportunity of representation to the Railway employee against the findings of E.O., the reasons for disagreement with the findings of E.O., can be communicated in the final order of punishment in such cases. Railway servant can appropriately challenge the punishment conclusion of D.A. through an appeal. The disciplinary authority may for reasons to be recorded by it in writing, remit the case to the enquiry authority for further enquiry if the disciplinary authority is competent to impose the penalty decided upon he may straightaway issue a punishment notice on the employee.

43. NOTICE FOR IMPOSITION OF PUNISHMENT After perusal of representation the Disciplinary Authority, may impose such penalty as it is within his competence. If the disciplinary authority on consideration of the enquiry report considers that a penalty which is not within his competence to be imposed he shall forward the complete file of papers along with the service record of the employee to the authority who is competent to impose the punishment. The final punishment notice should only signed by the authority who has taken the decision in respect of imposing the punishment.

44. APPEALS The C.O. may prefer an appeal to the authority higher than the D.A. who imposes the original penalty within 45 days from the date of receipt of the punishment notice. The appeals should contain facts and should not be worded in disrespectful language or unparliamentarily language. The appeal should be signed by the appellant only and should not be submitted by a Trade Union or any other person. The appellate authority may entertain the appeal after the expiry of the limit of 45 days if it is satisfied that the appellant has sufficient cause for not preferring the appeal in time. At the appellate stage where the Railway servant is punished with dismissal, removal, compulsory, retirement, reduction or with-holding of increment, the appellant may be accompanied by his assisting employee who may have the opportunity of perusing the records once again. Both the assisting employee and the railway servant are entitled to T.A. when seeking personal hearing at the appellate stage.

45. REVISION The President, (Estt.Srl.No.298/86) the Railway Board or the G.M. of a Zonal Railway or an authority of that status in any other Railway or unit of Administration and an authority not below the rank of a Dy.HOD are delegated with powers to revise any punishment or no punishment imposed by an authority lower to them. Such reversionary power can only be conducted within six months from the date of the order to be reviewed in case it is proposed to enhance the penalty and within one year in cases here it is proposed to reduce the punishment. The review shall not be conducted during the appeal period and if an appeal has been preferred till the disposal of the appeal. This stipulation of time limit for enhancement or mitigation shall not apply when the revision is conducted by the President of India, Railway Board or the G.M. of a Railway Administration.

46. REVISION If an authority who has disposed of the appeal as an appellate authority, then he/she cannot function as a Reversionary Authority and the case therefore should be at the disposal of the authority next above him. If the authority who has disposed of the appeal as an appellate authority is subsequently promoted to the next higher post he cannot function as a reversionary authority and as such the review should be conducted by an authority next above him. It should be kept in mind that no successive revisions are permissible and only one revision can be permitted. In other words if a lower reversionary authority has exercised his powers the case cannot be revised by next higher authority. The time limit of 45 days from the date of issue of appellate authority’s decision or 90 days where no appeal has been made and prescribed for seeking revision. REVIEW

47. TIME SCHEDULE S. No. In the disciplinary proceedings Time laid down in the D&A Rules Time limit for stages where no time limit has been laid down in the rules Remarks 1 2 3 4 5 1 Issue of charge-sheet - - - 2 Inspection of documents mentioned in the list enclosed with the charge-sheet and taking relevant extracts there from, with the help of Assisting Railway servant, if any, and asking for inspection of additional documents not mentioned in the list enclosed with the charge-sheet. 20 days maximum - - 3 Time by which the employee should submit his written statement of defence to the charge-sheet, submit a list of witnesses to be examined on his behalf and nominate an Assisting Railway servant, if not already done. 10 days 10 days No time limit has been laid down in the rules for submitting a list of witnesses and nomination of an Assisting Railway servant. Therefore, ten more days as mentioned in col. (3) may be given to the employee at the discretion of the disciplinary authority.

48. S. No. In the disciplinary proceedings Time laid down in the D&A Rules Time limit for stages where no time limit has been laid down in the rules Remarks 4 Time by which the disciplinary Authority should take a decision to hold the inquiry after considering the defence to the charge-sheet - 10 days (including two days for receipt of the statement of defence in the office of the D.A.) - 5 Time by which the date of inquiry should be fixed after completion of all preliminaries 20 days - Though in the rule, maximum of 30 days have been allowed for this purpose yet it is considered that 20 days would be quite sufficient for the employee to prepare himself for defence. This does not infringe the rule, since the same is not rigid about this.

49. S. No. In the disciplinary proceedings Time laid down in the D&A Rules Time limit for stages where no time limit has been laid down in the rules Remarks 6 Time by which the inquiry should be completed and the Inquiry Officer should submit his report to the Disciplinary Authority. - 60 days - 7 Time by which the Disciplinary Authority should take the decision and issue the notice of penalty - 20 days - T O T A L 50 days 100 days 150 days

50. Youtube videos: DAR and Conduct Rules Part 1: https://www.youtube.com/watch?v=c_6isEBHIkM Part 2: https://www.youtube.com/watch?v=7KQfM3iN5J4 Part 3: https://www.youtube.com/watch?v=Rlzb7NW3stE