RBE No. 323/1985 D&A Rules – Rule 9(13) – Permission to Defend Railway Servant by Legal Practitioner

No.E(D&A)84 RG6-46, dated 25.11.1985

Sub: Rule 9(13) of the Railway Servants (Discipline & Appeal) Rules, 1968 – Request of a delinquent Railway Official for permission to defend his case before the enquiry officer.

In terms of sub-rule 13(a) of Rule 9 of the Railway Servants (Discipline & Appeal) Rules, 1968, the delinquent Railway servant may present his case with the assistance of any other Railway servant satisfying certain specified conditions or a retired Railway servant who fulfills requirements laid down by order in this behalf or, in case of a non-gazetted Railway servant, by an official of a Railway Trade Union, etc.

It has now been decided that in rare cases where, on behalf of the disciplinary authority, the case is presented by a Prosecution Officer of the CBI or Government Law Officer such as Legal Advisor/ Jr. Legal Adviser, the disciplinary authority may allow the delinquent Railway servant also to be correspondingly represented by a legal practitioner.

Necessary amendments to the Railway Servants (Discipline & Appeal) Rules, 1968 in this regard will follow in due course.

Download Railway Board Circular RBE No. 323/1985