RBE No. 235/1986: D&A Rules – Revision u/r 25 – Period of Limitation for Submission of Revision

No.E(D&A)84 RG6-44, dated 02.12.1986

Sub: Revision under Rule 25 of the Railway Servants (Discipline and Appeal) Rules, 1968.

1. In Railway Board’s letter No.E(D&A)80 RG6-59, dated 01.08.1983 it was pointed out that Rule 25 of the Railway Servants (Discipline and Appeal) Rules, 1968 does not provide for a right, as such, to the affected employee to seek a review (now revision) in disciplinary cases and that the practice of conducting automatic revision on the basis of petitions by employees should be discontinued.

2. On representations from NFIR in the matter and after taking into account the position under the CCS (CCA) Rules, it was decided in Railway Board’s letter of even number dated 08.01.1985 that revision applications made after exhausting the avenue of appeal or, where no appeal is preferred, after the expiry of the period of limitation for an appeal, should be dealt with in the same manner as if it were an appeal under the rules provided the applications for revision is otherwise in order.

3. A doubt has been raised about the time limit applicable for preferring of revision petition under Rule 25 by affected Railway servants.

It is pointed out that the same time limits as laid down for preferring of appeals under Rule 20 will equally apply to revision petition also, i.e. within a period of 45 days from the date of delivery of the order sought to be revised. In cases where no appeal was preferred against an order of the disciplinary authority, this time of 45 days shall be reckoned from the date of expiry of the period of limitation for submission of appeal. The revisionary authority may entertain the revision petition after expiry of the aforesaid limitation period if it is satisfied that the petitioner had sufficient cause for not preferring the petition in time.

This has also reference to General Manager, Southern Railway’s D.O. letter No.P(A)227/P/Vol.XVI, dated 19.09.1986.