D&A Rule No.6: Penalties Under D&A Rules

6. Penalties Under D&A Rules:-

The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Railway servant, namely:-

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 the Privilege Passes or Privilege Ticket Orders or both;

(iii-b) Reduction to a lower stage in the time scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension;

(iv)     Withholding of increments 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 the future increments of his pay;

Major Penalties:-

(v)     Save as provided for in clause (iii-b) reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether on the expiry of such period, 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 for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Railway Servant during such specified period to the time scale of pay, grade, post or service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period:-

(a)  The period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and,

(b)  The Railway Servant shall re-gain his original seniority in the higher time scale of pay, grade, post or service.

[Authority: RBE No.119/2011, No.E(D&A)2008/RG6-11, 05.09.2011]

(vii)    Compulsory retirement;

(viii)    Removal from service which shall not be a disqualification for future employment under the Government or Railway Administration;

(ix)     Dismissal from service which shall ordinarily be a disqualification for future employment under the Government or Railway Administration:

Provided that 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 major penalties specified in clauses (viii) and (ix) shall, ordinarily, be imposed and in cases of passing Railway signals at danger, one of the major penalties specified in clauses (v) to (ix) shall, ordinarily be imposed and where such penalty is not imposed, the reasons there for shall be recorded in writing:

Provided further that 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 major penalties specified in clauses (viii) or (ix) shall ordinarily be imposed and where such penalty is not imposed, the reasons there for shall be recorded in writing.

Explanation – The following shall not amount to a penalty within the meaning of this rule, namely:-

(i)  Withholding of increments of pay of a Railway servant for failure to pass any departmental examination in accordance with the rules or orders governing the Service to which he belongs or post which he holds or the terms of his appointment;

(ii) Stoppage of a Railway servant at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;

(iii) Non-promotion of a Railway servant, whether in a substantive or officiating capacity, after consideration of his case, to a Service, grade or post for promotion to which he is eligible;

(iv) Reversion of a Railway servant officiating in higher Service, grade or post to a lower Service, grade or post, on the ground that he is considered to be unsuitable for such higher Service, grade or post, or on any administrative ground unconnected with his conduct;

(v) Reversion of a Railway servant, appointed on probation to any other Service, grade or post, to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;

(vi) Replacement of the services of a Railway servant, whose services had been borrowed from any other Ministry or Department of the Central Government or a State Government or an authority under the control of the Central Government or State Government, at the disposal of the Government or the authority from which the services of such Railway servant had been borrowed;

(vii)Compulsory retirement of a Railway servant in accordance with the provisions relating to his superannuation or retirement;

(viii)Termination of the services –

(a) Of a Railway servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation, or

(b) Of a temporary Railway servant in accordance with rule 301 contained in Volume I of the Indian Railway Establishment Code (Fifth Edition -1985 / Second Reprint Edition 2008), or

(c) Of a Railway servant employed under an agreement, in accordance with the terms of such agreement;

(ix) Discharge of Railway servants –

(a) For inefficiency due to failure to conform to the requisite standard of physical fitness;

(b) On reduction of establishment.

[Ref: RBE No.09/2014, No.E (D&A) 2008 RG 6-36, 15.01.2014 – Determination of date of increment after expiry of of duration of penalties of withholding of increments/reduction to lower stage for less than a year]

 (x) Any compensation awarded on the Recommendation of the Complaints Committee referred to in the  proviso to sub-rule 2 of Rule 9 and established in a unit under the Ministry of Railways for inquiring into any complaint of sexual harassment within the meaning of Rule 3C of the Railway Services (Conduct) Rules, 1966.

[Authority: Railway Board Orders No.E(D&A) 2015 RG 6-2, dated 08.09.2015 (RBE No.105/2015)]