RBE No.196/1985 Break in Service – Principles of Natural Justice

No.E(LR)II/85/ST/I/23, dared 03.07.1985

Sub: Imposition of break in service – Observance of principles of Natural Justice – Instructions.

The Supreme Court of India, in their recent judgment dated 23.01.1985 in Writ Petition (Civil) Nos.13705-06 of 1984 [Shri Shiv Shankar and others of Western Railway (Ratlam Division) versus Union of India], has held that  break in service against an employee cannot be imposed without following the principles of natural justice. 

Consequent to the Supreme Court’s above judgement, the question of pursuing withdrawing the Special Leave Petitions pending in the Supreme Court on the subject is under examination in consultation with the Legal Adviser in the Ministry of Railways.

In the meantime, it has been decided by the Ministry of Railways that suitable opportunity should be provided to the employees before imposing break in service in order to comply with the spirit of the Supreme Court’s judgment.

The Railways are, therefore, directed to issue a Show Cause Notice to the concerned, Railway Staff indicating therein as to why the ‘break in service’ is proposed to be imposed and his reply thereto obtained within a period of 10 days.

The authority competent to impose break in service should examine the reply and record reasons for accepting/ rejecting the explanation given by the employee. The competent authority may impose ‘break in service’ only after following the above procedure.