Appeal: RBE No.07/2000 – Comments of Disciplinary Authority

No.E(D&A)99/RG 6-40, dated 13.01.2000

Sub: Comments of the disciplinary authority on the appeal under Rule 21(3) to the RS (D&A) Rules regarding.

In the Departmental Council Meeting under the J.C.M. Scheme, held recently on 30.11.1999 and 01.12.1999, the staff side had raised the issue relating to comments to be furnished by the  Disciplinary Authority on the appeal in terms of Rule 21(3) of the RS (D&A) Rules and had  expressed the view that these provisions come in the way of a fair and impartial decision by the Appellate Authority.     

Board, on consideration of the matter, have observed that the comments of the Disciplinary Authority on the appeal only intend to clarify the position on the various points raised by the appellant with reference to the orders of the Disciplinary Authority.

These comments thereby facilitate consideration of the appeal by the appellate authority without putting the appellant to any disadvantage. However, it has to be ensured that, while forwarding appeals to the Appellate Authority, the Disciplinary Authority confines its comments to the points raised in the appeal without commenting on any extraneous circumstances on which the charged official has had no opportunity to explain his position.

Board desire that the above directions be brought to the notice of all the authorities concerned on your railway for their guidance and strict compliance.

Please acknowledge receipt.

Download Railway Board Circular RBE No.07/2000