RBE No. 30/1987: Para 2308-R.II – Action against Pensioners

No.E(D&A)85 RG 6-49, dated 12.03.1987

Sub: Action under Para 2308 of the Establishment code, Vol-II against Pensioners.

Attention is invited to the Board’s circular letter of even number dated 24.02.1986 on the above subject. The President’s tentative decision regarding withholding/ withdrawing of full or part of pensionary benefits in individual cases is referred to the Union Public Service Commission.

They insist on the originals of all the documents relating to disciplinary enquiry. It may therefore, be ensured that the following documents are invariably sent to this Office along with proposals for action under Para 2308 of the Establishment Code, Volume-II.

(a) Preliminary investigation report if any. If there is none, they should be clearly indicated.

(b) Office copy of the Charge Memorandum and its four Annexure, if the Charge Memorandum had been issued by the Railway.

(b)   (i) In conviction cases, copy of relevant judgments.

(c) Office copy of the orders appointing the Enquiry Officer/ Presenting Officer, in case they had been issued by the Railway Administration. If any de novo enquiry was conducted, similar orders pertaining to the de novo enquiry should also be sent.

(d) The report of the Enquiry Officer.

(e) Folder containing deposition of witnesses at the disciplinary enquiry.

(f) Folder containing the daily order sheets maintained by the Enquiry Officer. If such a folder was not maintained, it should be clearly advised to the Board that such a folder was not maintained.

(g) Folder containing correspondence of the Enquiry Officer with the charged employee etc. If such a folder was not maintained, this should be made clear to this Office by your Railway.

(h) The exhibits/ documents listed in Annexure III to the charge memorandum. These document should be in original.

(i) Other exhibits/ documents like defence exhibits referred to in the enquiry report and the defence statements made by the Charged Officer. These documents should be in original.

(j) Extract of Rule/ Manual etc. which figured in the disciplinary case.

(k) Complete Service Book and CR Folders of the pensioner.

(l) Filled in proforma in duplicate for being sent to UPSC. Sample of the proforma is enclosed.

The above instructions should be scrupulously followed since UPSC are insisting on all the above documents before they take up proposals in such cases.

Please acknowledge receipt.