Railway Board Circulars: D&A Rules

 The matter has been considered in Board’s office and it has been decided that the retired Railway employees acting as Defence Assistants may be allowed to stay in Railway Rest House/ Subordinate Rest House, while they are attending the DAR Enquiry at the outstation.

The matter has been examined in consultation with the Ministry of Law and Justice and it has now been decided that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc., for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he is a probationer or a temporary Govt. servant, he should be discharged for his services should be terminated. If he has become a permanent Govt. servant, an enquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed.

On reconsideration, the Railway Board have decided that where the penalty of withholding of increment imposed on a Railway Officer is to be become operative from a future date, the person concerned should be promoted in his turn prospectively with reference to his position in the earlier panel of the DPC and the penalty imposed in the promotion grade for a period which would not result in greater monetary loss.

All that is necessary in deciding whether a person proposed by the accused Railway employee to act as his Defence Helper/ Council should be accepted as such is that he should not have handled/ dealt with the individual case of the accused at any stage. If the person so proposed has dealt with/ handled the case against the accused, then he should be precluded from acting as a Defence Counsel in that particular case only.

No.E(D&A)92 RG6-148, dated 9.11.1992

Sub: Notification – Railway Servants (Discipline and Appeal) Third Amendment Rules, 1992.

GSR ……… In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President hereby makes the following Rules further to amend the Railway Servants (Discipline and Appeal) Rules, 1968, namely;

1. (1)   These Rules may be called the Railway Servants (Discipline and Appeal) Third Amendment Rules, 1992.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Note (2) under Clause (b) of Sub-Rule (13) of Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968, for the word ‘two’ the word ‘three’ shall be substituted.

(i) The retired Railway servant concerned should have retired from railway service under the same Railway Administration on which the delinquent Railway servant is working. However, the relaxation in the matter of choice of Defence Helper from other Railway Administrations, as contained in items (a), (b) and (c) of para (2) of Board’s letter No.E(D&A)90 RG6-106, dated 08.10.1990 would be admissible,  subject to the conditions mentioned in that letter;

(ii) If the retired railway servant is also a legal practitioner, the restrictions on engaging a legal practitioner by a delinquent railway servant to present the case on his behalf contained in Note (1) below Rule 9(13)(b), would apply. However, the relaxations as given in Board’s letter No.E(D&A)84 RG6-46, dated 25.11.1985 would continue to be available;

(iii) The retired railway servant concerned should not have, in any manner, been associated with the case at investigation stage or otherwise in his official capacity; and

(iv) The retired railway servant concerned should not act as a defence helper in more than five cases at a time. The retired Railway servant should satisfy the inquiring authority that he does not have more than five cases at hand including the case in question.