RBE No. 93/1985 D&A Rules – Disciplinary Proceedings – Steps to Avoid Delay

No.E(D&A)83 RG6-14, dated 24.03.1985

Sub: Steps to avoid delays in finalization of disciplinary proceedings.

The Railway Board have considered certain suggestions for weeding out delays which normally occur during the course of disciplinary proceedings. They have decided that the following instruction should be followed:-

(1) Under the present rules, only the documents listed in Annexure III of the Charge Memorandum are required to be shown to the charged employee before the enquiry stage. To avoid delays at the stage of obtaining of reply to the Charge Memorandum, it has been decided that photostat or typed copies of all the listed relied-upon documents should be furnished along with the Charge Memorandum. This shall not however, affect the right of the charged employee to inspect the originals of the listed documents if he so desires.

(2) The Railway Board have decided that simultaneously with the issue of the Charge Memorandum, orders for appointment of the enquiry officer as well as the Presenting Officer, where one is intended to be appointed, should invariably be issued. The enquiry may however, start only after the Disciplinary Authority remits the case to the Enquiry Officer, after consideration of the defence to the charge memorandum. In case, the defence is not received in time, ex-parte enquiry will have to be ordered, as usual.

(3) It has been decided that in all disciplinary enquiries, the hearings should be continuous and to the extent possible expeditious. To avoid dilatory tactics by the charged officer the enquiry officer should not give adjournments except in cases where they are unavoidable on grounds of sickness etc. All steps for production of documents witnesses etc. should be taken in time so that there may be no cause for adjournment of the enquiry.