Proforma for re-imbursement of Children Education Allowance
View
Certificate from Head of Institution for CEA re-imbursement
View
Self Declaration for CEA re-imbursement
View
GPF Interest Rate w.e.f. 01.04.2018
View
CAT Ernakulum Bench Order regarding fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200
View
Fixation of pay on promotion equivalent to the person who joined the post afresh
View

Rule 14(ii) of Railway Servants (D&A) Rules, 1968 : Following of proper procedure reg -- Railway Board RBE No. 133/2017

with 0 Comment

Rule 14(ii) of Railway Servants (D&A) Rules, 1968 : Following of proper procedure reg -- Railway Board RBE No. 133/2017,  GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD), No.E(D&A) 2017 RG6-21 New Delhi, 18.09.2017, The General Manager(P) All Indian Railways and Production Units etc. (As per standard list). Sub: Rule 14(ii) of Railway Servants (D&A) Rules, 1968 —Following of proper procedure regarding, Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968, which emanates from the provisions contained in clause (b) of the second proviso to Article 311 (2) of the Constitution of India, lays down special procedure for imposition of penalties in situations where the disciplinary authority is satisfied, for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules.


RBE No. 133/2017

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.E(D&A) 2017 RG6-21
New Delhi, 18.09.2017

The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).

Sub: Rule 14(ii) of Railway Servants (D&A) Rules, 1968 —Following of proper procedure regarding

Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968, which emanates from the provisions contained in clause (b) of the second proviso to Article 311 (2) of the Constitution of India, lays down special procedure for imposition of penalties in situations where the disciplinary authority is satisfied, for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules.
2. The scope and ambit of the special procedure under the aforesaid Rule 14(11) and the protections embodied therein for the Railway servants have been explained in Circulars issued by this Ministry from time to time. It is to be noted that (i) the conditions precedent to application of the aforesaid special procedure, (ii) the action taken thereunder being subject to judicial review and (iii) permissibility of the claim by the penalized person for holding of inquiry at the stage of appeal, revision etc, have been explained in paragraphs 6, 7 and 8 respectively of Department of Personnel & Training OM No. 11012/11/85- Estt(A) dated 11.11.1985 as circulated vide this Ministry’s letter No. E(D&A) 85 RG6-72 dated 06.02.1986. A Note regarding some of the important points to be borne in mind while taking action under the aforesaid Rule 14(ii) and specimens of speaking order and notice imposing penalty thereunder were also circulated vide this Ministry’s letter no. E(D&A) 85 RG6-72 dated 06.10.1988. Further thereto, the requirement that the reasons recorded by the Disciplinary Authority for dispensing with the inquiry should be supported by objective facts and/or independent material, was emphasized vide this Ministry’s letter no. E(D&A) 92 RG6-48 dated 06.04.1992.

3. Notwithstanding above, instances of non-adherence to the aforesaid instructions/clarifications have been brought to notice of this Ministry.

4. In view of above, the afore-mentioned instructions/clarifications are emphatically reiterated. All zonal Railways/production Units etc. are directed to bring it to the notice of the disciplinary/appellate/revisionary authorities that, whenever it is proposed to invoke action under the aforesaid Rule 14 (ii), it is imperative that all the instructions mentioned above in this regard are followed scrupulously so as to ensure that the action is not found wanting in compliance of:

(i) the mandate under the clause (b) of the second proviso to the Article 311 (2) of the Constitution of India,

(ii) of the provisions contained in the aforesaid Rule 14(ii), and

(iii) of the related subsidiary instructions/clarifications.

5. Hindi version will follow. please acknowledge receipt.

(Sunil Kmar)
Director Estt. (W&D&A)
Railway Board.


Source: Click to view/download pdf

Rule 14(ii) of Railway Servants Rules, 1968 page 1

Rule 14(ii) of Railway Servants Rules, 1968 page 2



FOLLOW US FOR LATEST UPDATES ON FACEBOOK AND TWITTER

Related Post

0 comments:

Post a Comment