RBE No. 40/1986 D&A Rules – Disciplinary Actions Against Pensioners – Rule 2308 R-II

No.E(D&A)85 RG6-49, 24.02.1986

 

Sub: Action under Para 2308 of the Establishment Code Vol.II against pensioners.

 

1. Under the above-mentioned Rule, the President has the right of effecting a cut in pension/ DCRG, if in a departmental or judicial proceedings the pensioners is found guilty of grave misconduct or negligence during the period of his service, including service on re-employment.

The departmental proceedings, were instituted while the railway servant was and service, can be continued and concluded by the authority by which it was commenced in the same manner as if the officer has continued in service.

If the departmental proceedings were not instituted before the retirement of the person, it can be so done only with the sanction of the President and shall not be in respect of any event which took place more than four years before such institution.

The date of Institution of the proceedings shall be reckoned from the date on which the charge sheet is issued to the pensioner or if the railway servant has been suspended from an earlier date, from the date of suspension.

Similarly, for the purpose of Para 2308 R-II, if judicial proceedings had not been initiated instituted while the employee was in service, the same can be instituted only in respect of cause of action which arose or an event which took place less than four years before such institution.

For this purpose, the judicial proceedings shall be deemed to be instituted in criminal matters, on the date on which the complaint or report of police officer on which the Magistrate takes cognizance, is made and in civil matters, on the date of presentation of the plaint in the court.

2. With the deletion in November, 1980 of Para 2534 R-II which gave power to the Railway Administration to make reduction in pension/ DCRG on the basis of review of service, large number of cases of proposed action against non-gazetted staff under Presidential powers in Para 2308 R-II are now being referred to Railway Board, where departmental action has not been initiated before superannuation.

In a few cases of this type, the railway administration have sought Presidential approval just about the time when it becomes difficult to process such cases on such short notice and it is also embarrassing to hustle the Board and Ministers in the matter of getting their approval/ sanction to initiation of the action.

It is therefore, requested that proposals for Presidential approval to initiation of action under Para 2308 R-II should be made as quickly as possible and there should be atleast 2 months period from date of reference to Board and date of expiry of the “four years limit”.

These instructions may please be strictly observed.

3. While making proposal for initiation of action under Para 2308, the following information/ documents must invariably be sent to Board’s office:-

(1) Disciplinary action file if the departmental action has already been commenced while the employee was in service.

(2) If action is yet to be initiated, draft of articles of charges, statements of imputations, list of relied upon documents and list of witnesses.

(3) Full details regarding retirement dues admissible to the Railway servant concerned. Particulars of provisional payment and payments under other items, if any, already made.

(4) Complete service book and C.R. files of the Railway servants.