RBE No. 262/1999: Petition to President – D&A Rules

No. E(D&A)99RG6-25, dated 11.10.1999

Sub: Role of the Prescribed Authority in examining petition to the President under Rule 31 of RS (D&A) Rules.

1. In one of their recent judgment dated 10.03.1999 in OA No.1446/97 – B Swamy Vs UOI & Ors, CAT/ Hyderabad have also looked into the instructions contained in Appendix-II to IREC, Vol.I and the role expected of the Prescribed Authority under these instructions while examining petitions addressed to the President of India. The relevant extracts of the judgment are reproduced below:-

“The Prescribed Authority under the instructions has got discretion to withhold the petition submitted by the Railway servant to the President. The prescribed authority has to consider whether it is a fit case to submit the petition submitted by the Railway Servant to the President of India. The prescribed authority has to exercise his discretion judiciously. He must satisfy himself whether the Railway employee has made out a new case or place a material which has the effect of changing the nature of the case. The prescribed authority cannot act as a postman in submitting the petitions/ memorial of a Railway employee to the President. He has to satisfy himself need or justification to submit the petition of the Railway employee to the President. This we feel, is the gist of the power of the prescribed authority under the instructions”.

2. The above observations are circulated for information and guidance of all concerned.