RBE No. 37/2001: Board of Inquiry – Status of

No.E(D&A)2000 RG6-24, dated 22.02.2001

Sub:     Appointment of Board of Inquiry in disciplinary proceedings.

1.     As per Rule 9(2) of Railway Servants (D&A) Rules, 1968, Board of Inquiry can be appointed by the Disciplinary Authority to enquire into the charges against a Railway Servant. Rule 9(3) of the said Rules further provide that where a Board of Inquiry is appointed, it shall consist of not less than two members, each of whom shall be higher in rank than the Railway Servant against whom the inquiry is being held and none of whom shall be subordinate to the other member(s) of the Board.

2.     While examining whether the Commissioner of Departmental Inquiries/ Central Vigilance Commission, who are generally appointed as Inquiry Officers by the CVC in cases where CVC is consulted, can act as Inquiry Officers even if they are lower in rank to the charged official, the provisions contained in Rule 9(3), referred to in para 1 above, also come up for a comparative examination.

3.     It is clarified that the appointment of Board of Inquiry and that of a CDI/ CVC as Inquiry Officer are on different footings altogether. It has already been clarified under Board’s letter of even number dated 20.02.2001 (RBE No. 36/2001) that the status of a CDI of the CVC, vis-à-vis the charged official is immaterial, since he belongs to an independent organization outside the department of charged official. As regards the Board of Inquiry, which is generally appointed in complicated cases involving technical aspects relating to more than one department as in the case of Railway accident etc., the members of Board are Railway employees and hence as per the provisions of Rule 9(3), the members should we higher in rank than the charged official.

4.     The above position may be brought to the notice of all concerned for information and guidance.

Download Railway Board Circular RBE No.37/2001