RBE No. 211/2002: D&A Rules – Determination of Appointing Authority

No.E(D&A)2002 RG6-36, dated 25.11.2002

Sub: Imposition of penalties of dismissal, removal or compulsory retirement – Determination of Appointing Authority reg.

It has been brought to the notice of the Board by NFIR that, on the Railway disciplinary powers as appointing authority for the purpose of imposing the penalties of dismissal, removal or compulsory retirement are even exercised by the authorities who have merely issued the offer of appointment or order of promotion.
The contents of Rule 2(1)(a) of RS (D&A) Rules, 1968 relating to definition of ‘Appointing Authority’ as elaborated vide Board’s letter No.E(D&A)88 RG6-12, dated 07.05.1990 are reiterated. The gist of the rule and the said instructions is also explained below for easy understanding.

As the Railways are aware, in terms of Rule 2(1)(a) of RS (D&A) Rules, appointing authority in relation to a railway servants means the authority empowered to make appointment to the service of which the railway servant is, time being a member or to the grade of the service in which the railway servant is, for the time being included or the authority empowered to make appointments to the post which the railway servant for the time being holds or the authority which actually appointed the Railway servant to such service, grade or post as the case may be, whichever is the highest authority. It is advised that the authority empowered to make appointment, referred to in Rule 2(1)(a) above, means the authority empowered to make appointment to the grade or post which the railway servant is holding, at the time of imposition of penalty.

This authority may be higher or lower in rank than the authority which was empowered to make appointment at the time of induction of the Railway servant to the relevant grade or post or the authority which actually appointed him to that grade or post. The intention of the rule is that the penalty of dismissal, removal or compulsory retirement from service on a Railway servant should be imposed only by the highest of these authorities i.e. either by the authority which actually appointed the Railway servant to the relevant grade or post or the authority which is empowered to make appointment to that grade or post at the time of imposition of penalty, whichever is the highest authority. The penalty of dismissal, removal or compulsory retirement from service should obviously not be imposed by an authority which have merely issued the offer of appointment or order of promotion, with regard to the appointment or promotion ordered by a competent authority higher to that authority.