UPSC

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Introduction
Discipline Appeal Rules and Annual
Confidential Reports are the most effective
tools to control the subordinates
DAR should be the last remedy to control the
staff
Apply full logical mind before going for the
DAR option. No remedy should be left but for
resorting to DAR action
Educate/coach/motivate the staff in the areas of
their working and update their skills. Warn/writte
n displeasure to be tired in the normal
situations
If no scope of improvement or involved in a
serious case come to a logical conclusion After
full APPLICATION OF MIND ABOUT MINOR OR MAJOR
PENALTY
THERE SHOULD NOT BE ANY SITUATION OF GOING FOR A
DAR ACTION IN HURRY WITHOUT APPLICATION OF MIND
ONCE AGAIN GO THROUGH THE RULES IF NOT SO SURE
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Rule 11 PROCEDURE FOR IMPOSING MINOR PENALTIES
INFORM IN WRITING OF INTENTION TO TAKE ACTION.
STATEMENT OF IMPUTTIONS OF MIS-CONDUCT OF
MIS-BEHAVIOUR TO BE MADE AVAILABLE
REASONABLE OPPORTUNITY OF MAKING REPRESENTATION
HOLD INQUIRY AS PER RULE 9(6) TO (25) IN CASE
D.A. IS OF THE OPINION THAT INQUIRY IS NECESSARY
(use SF 11/b)
RECORD FINDINGS ON EACH IMPUTATIONS OF
MIS-CONDUCT OR MISBEHAVIOUR
Wherever needed consult UPSC
In case punishment withholding of
increments (1)with cumulative effect, (2) for a
period more than 3 years and (3) adversely
affecting pension DAR inquiry sub rules (6)
25 of Rule 9
Take decision by passing reasoned speaking order
giving basis for the findings of the
Disciplinary authority in respect of each charges
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MINOR PENALTIES
(i)Censure
(ii) Withholding of promotion for a specified
period
(iii) Recovery from pay of the whole or part of
any pecuniary loss caused to the Government
or Railway administration by negligence
or breach of orders
(iii-a) Withholding of the Privilege Passes or
Privilege Ticket Orders or both
(iii-b) reduction to a lower stage in the time
scale of pay for a period not
exceeding three years, without
cumulative effect and not adversely affecting
his pension
(iv) Withholding of increments of pay for a
specified period with further direction as
to whether on the expiry of such period,
this will or will not have the effect of
postponing the future increments of pay
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MAJOR PENALTIES
(v) Save as provided for in clause (iii-b),
reduction to a lower stage in the time-scale of
pay for a specified period, with further
directions as to whether on the expiry of
such period, this will have or not have the
effect of postponing the future increments of pay
(vi) Reduction to a lower time scale of
pay, grade, post, or service, with or without
further directions regarding conditions of
restoration to the grade or post or service from
which the Railway servant was reduced and his
seniority and pay on such restoration to that
grade, post of service
(vii)Compulsory retirement
(viii) REMOVAL from service which shall not
be a disqualification for future employment
under the government or Railway administration
(ix) Dismissal from service which shall
ordinarily be a disqualification for Future
employment under the Government of Railway
administration
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Rule No.1

• Short time and commencement
• These rules may be called
• THE RAILWAY SERVANTS (Discipline
• Appeal) RULES 1968
• (2) THEY SHALL COME INTO FORCE ON THE
• 1ST DAY OF OCTOBER, 1968
• AMENDMENTS HAVE BEEN MADE FROM TIME TO TIME
• LAST BEING NO.E(DA)2001 RG6-29 DATED 31-10-01
  GSR/617 DT 24/11/01

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RULE NO.2 DEFINITIONS
APPOINTING AUTHORITY AUTHORITY EMPOWEREDTO MAKE
APPOINTMENT TO THE GRADE OR SERVICE OR
AUTHORITY WHICH APPOINTED TO THE GRADE, POST OR
SERVICE WHICHEVER AUTHORITY IS HIGHEST
AUTHORITY (if no proof regarding appointment of
a Group C or D employee GM becomes
appointing authority)
Commission means Union Public Service Commission
DISCIPLINARY AUTHORITY AUTHORITY COMPETENT TO
IMPOSE THE PENALTY Authority competent to impose
any of the penalties as specified in rule 6 on
gazetted officers Non-gazetted staff in relation
to rule 9 those authorities who Is competent to
impose any of the major penalties Non-gazetted
staff in relation to rule 11 those authorities
who is competent to impose any of the minor
penalties
Head of the Department Railway Servants
Service means a service under the Ministry of
Railways
SCHEDULE means a schedule appended to these rules
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Rule 3 - APPLICATION
APPLIES TO ALL RAILWAY SERVANTS E X C E P T
ANY MEMBER OF ALL INDIA SERVICE
RPF PERSONNEL
ANY PERSON ON CASUAL EMPLOYMENT
ANY PERSON FOR WHOM SPECIAL PROVISIONS EXISTS
PRESIDENT EMPOWERED TO EXCLUDE ANY RAILWAY
SERVANT FROM THE OPERATION OF ALL OR ANY OF
THESE RULES
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RULE NO.4 AUTHORITIES COMPETENT TO PLACE RLY.
EMPLOYEES UNDER SUSPENSION
EXCEPTIONAL CIRCUMSTANCES ANY AUTHORITY
SPEFICIED IN ANYOF THE SCHEDULES MAY PLACE ANY
SUBRODINATE RAILWAY SERVANTS SPEFICIED THERE IN
UNDER SUSPENSION
SPECIFIED IN SCHEDULES I, II and III
SUCH AUTHORITY FORTHWITH REPORT REPORT TO THE
AUTHORITY COMPETENT TO PLACE SUCH RAILWAY
SERVANTS UNDER SUSPENSION, CIRCUMSTANCES IN
WHICH ORDER WAS MADE AND OBTAIN HIS APPROVAL
COMPETENT AUTHORITY SHALL BE DETERMINED WITH
REFRENCE TO OFFICIATING POST AT THE TIME OF
TAKING ACTION ON RLY. SERVANT
SUSPENSION USE S.F. 1 DEEMED SUSPENSION USE
SF-2 CERTIFICATE FROM SUSPENDED RAILWAY
EMPLOYEE USE SF-4 REVOCATION USE SF-4
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SUSPENSION
WHAT IS SUSPENSION ? WHY DO WE SUSPEND AN
EMPLOYEE ?
SUSPENSION may BE RESORTED TO ONLY ON THE
FOLLOWING GROUNDS -
WHEN DISCIPLINARY PROCEEDING IS
CONTEMPLATED OR PENDING.
INVOLVED IN ACTIVITIES THAT ARE
PREJUDICIAL TO THE SECURITY OF THE STATE.
INVESTIGATION OR UNDER TRIAL FOR AN
CRIMINAL OFFENCE.
ORDERS EFFECTIVE after ACKNOWLEDGEMENT
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DEEMED SUSPENSION
WHAT IS DEEMED SUSPENSION ? IS IT DIFFERENT
FROM SUSPENSION ?
DEEMED SUSPENSION RESORTED TO IF
- IN CUSTODY FOR A PERIOD BEYOND 48 HRS. -
CONVICTED/IMPRISIONED BEYOND 48 HRS. -
REINSTATED on APPEAL, REVISION, REVIEW OR BY
ORDERS OF CAT OR COURT
BOARDS LETTER NO E(DA)85RG 6-15 OF 16.4.85 AND
E(DA)86 6-19 OF 21.3.86 VERY CLEARLY SAYS THAT
SUSPENSION SHOULD BE FOLLOWED BY A MAJOR
PENALTY OTHERWISE THE ENTIRE PERIOD IS TO BE
TREATED AS DUTY FOR ALL PURPOSE.
nt.. Co
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ENTITLEMENTS DURING SUSPENSION

• SUBSISTENCE ALLOWANCE.
• REVIEW (1ST AFTER 3 MTHS).
• D.A. ON SUBSISTENCE ALLOWANCES.
• PASSES - 1/2 Numbers FOR GAZ.
• and 1 TO N.G., IF NOT AVAILED.
• P.L.B. - PAYABLE ON RESUMPTION.
• MEDICAL FACILITIES INDOOR AS WELL
• AS OUTDOOR.
• CAN ACT AS DEFENSE COUNSEL.
• CAN BE ELECTED AS OFFICE BEARER OF A UNION.
• CALL FOR SELECTIONS/ TR ADE TEST NON-
• SELECTIONS - RESULTS - SEALED COVER
• CAN LEAVE HQRTS - WRITTEN PERMISSION
• NO TYPE OF LEAVE TO BE GRANTED

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SUBSISTENCE ALLOWANCE
SURVIVAL EQUAL TO HLAP DEDUCTIONS
MINIMUM COMPULSORY OPTIONA L
NON-DEDUCTABLE
.
OVERPAYMENTS - DISCRETIONARY REPORT TO DUTY
ONLY AFTER ISSUING SPECIFIC REVOCATION ORDERS -
FORM NO- 4
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Rule No.7 Disciplinary authorities Rule No.8
Authority to institute proceedings
President or any other authority empowered by
him, by general or special order may

• Institute disciplinary proceedings against any
  Railway
• Servant

(b) Direct a disciplinary authority to institute
disciplinary proceedings against any
Railway servant
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Before issuing a CHARGESHEET ensure you are in
possession of
S
W
R
O
D
OCUMENTS RELIED UPON
TATEMENTS OF ALL WITNESS
ULES VIOLATED
FFENDER
ITNESS
THE 4 ANNEXURES OF A CHARGESHEET ARE
Statement of Article of charges
Statement of imputations of misconduct or
misbehaviour(mention any admissions)
LIST OF RELIED UPON DOCUMENTS
LIST OF WITNESS
SIGN EACH AND EVERY PAGE ATTACHED TO THE
CHARGESHEET
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FRAMING OF CHARGESHEET

Charge sheet can be prepared in Hindi or English
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Rule No.9 Procedure for imposing MAJOR PENALTIES
Rule No.9 and 10 and Public Servants (Inquiries)
Act 1850.

• DA inquire into the charges
• Appoint Board of Inquiry
• (Senior member to be Presiding officer,
• None shall be subordinate to another member)
• 3. Appoint an Inquiring authority

Give 10 days time to C.O. for submission of
defence. If the authenticated copies of RUDs
not supplied with the charge sheet allow C.O.
to peruse within 10 days Of receipt of
charge sheet and 10 more days time for
submission of defence. Can take assistance of
Asstt. Railway Employee at this stage itself

• CO can demand for
• Witnesses to be examined from his side
• Further documents to be examined
• (CO has to indicate the relevancy/
• custodian of documents)

If the charges are admitted at the defence
stage Disciplinary to record findings of each
charge, Can take further evidences, if
circumstances Warrants. Deal further as per
rule No.10
If convinced drop the charges and intimate
within 1 month
If partly convinced about innocence and
partly not either go ahead with Inquiry or
Inflict any MINOR PENALTY not attracting
provisions of sub-rule (2) of Rule No.11

No defence Order ex-parte Inquiry
Appoint IO standard form No.7 Appoint PO
(Optional) Std.Form No.8
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INQUIRY
LETTER TO C.O.- ATTEND WITH D.C. C/- WITNESS,
C.O., D.A - ONLY 2 POSTPONMENTS. GIVE D.P.T
MAKE C.O. FEEL AT EASE - 5 COPIES OF D -D-P
SIGNED BY C.O., I.O. D/C AND P.O, IF ANY
INFORM D.A ABOUT PROGRESS OF THE CASE.
POINT OUT REPLIES GOING AGAINST CHARGED
OFFICER BEFORE CONCLUDING THE INQUIRY .
SUBMIT FINDINGS - 3 COPIES ( 2- D.A 1- O.C.) -
INCLUDE ADDITIONAL CHARGE ONLY IF OPORTUNITY
GIVEN TO DEFEND that CHARGE
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PROCEDURE FOR CONDUCT OF INQUIRY
PRELIMINARY INQ. I.O. TO C.O 5 QUESTIONS -
EXHIBITS PW/PD
EXAMINATION-IN-CHIEF I.O TO WITNESS - SHOW s
STATEMENT AND INTRODUCE DOCUMENTS as
EXHIBITS SAY IN OWN WORDS. REQUESTS FOR
ADDLITIONAL DOCUMENTS OR WITNESSES TO BE
CONSIDERED IF RELEVANT OR REFUSE ON FORM 6
XEXAMINATION CO/DC TO WITNESS I.O. TO NOTE
ANSWERS FOR AND AGAINST

RE-EXAMINATION , IF ANY
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INQUIRY NOT NECESSARY - when ?
1. CHARGES ADMITTED - WITH OUT QUALIFICATION 2.
ON CONVICTION ON A CRIMINAL CHARGE - 14 (i) 3.
WHERE D.A. IS SATISFIED THAT - IT IS NOT
REASONABLY PRACTICAL TO HOLD INQUIRY -
REASONS TO BE RECORDED - 14 (ii) 4. WHERE
PRESIDENT IS SATISFIED THAT - IN THE
INTEREST OF SECURITY OF STATE, IT IS NOT
EXPEDIENT TO HOLD AN INQUIRY - 14 (iii)
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DIALATORY TACTICS BY C.O. D.C.
1. REP. AGAINST BIAS - SUBMIT TO Revisionery
Authority. 2. NON-AVAILABILITY OF D.C. IN PRE.
- DEFENCE WILL NOT BE PREJUDICED 3. NOT GIVING
PARTICULARS / DOCUMENTS FOR INSP. - INSIST ON
FULL PARTICULARS AND RELEVANCE 4. GIVING NAME OF
D.C. WITH OUT ACCEPTANCE CERT. - INSIST ON
CERTIFICATE 5. ASKING FOR ADJOURNMENTS ON FILMSY
GROUNDS - BE REASONABLE BUT FIRM 6. DELAY in
submitting WRITTEN BRIEFS - STICK TO
PRESCRIBED DATE 7. RESORT TO COURT PROCEEDINGS
- PROCEEDINGS TO BE STAYED ONLY ON STAY by
Court/CAT 8. GROUNDS OF ILLNESS -
VERIFICATION OF GENUINENESS 9. NON ATTENDANCE OF
D.C. - REASONABLE LIMITS BUT NOT FOR
CONVENIENCE