Professional Documents
Culture Documents
MASTER CIRCULAR
ON
01.07.2014
NOTE: This is a compilation of all office orders issued on the subject till
01.07.2014. However, essence of all the related Office Orders is included in this
Circular, in case of any doubt regarding interpretation of the Rules, the related
latest Office Order may be referred to and for further interpretation decision of
Managing Director will be final.
----
CONTENT
2. Application 1
3. Definitions 1-2
4. General Conduct 2
5. Misconduct 2-4
6. Employment of near relatives of the employees in any Corporation or Firm enjoying 4-5
patronage of the Corporation
7. Taking part in demonstration 5
8. Connection with media (Press, radio, internet etc.) 5-6
9. Criticism of Govt. and the Corporation 6
10. Evidence before Committee or any other authority 6-7
11. Un-authorised communication of information 7
12. Gifts 7
12 A. Dowry 8
13. Private trade or employment 8-9
14. Investment, lending and borrowing 9
15. Insolvency and habitual indebtness 9
16. Permission to transact movable, immovable and valuable property 10-12
17. Canvassing of non-official or other influence 12
18. Bigamous marriages 12-13
19. Consumption of intoxicating drinks 13
20. Code of value & ethics for DMRC employees 13-14
21. National interest 14
22. Equal opportunities employer 14
23 Gifts & donations 14
24. Health, Safety & Environment 15
25. Quality of products & services 15
26. Corporate Citizenship 15
27. Third party representation 15
28. Ethical conduct 15-16
29. Regulatory compliance 16
30 Concurrent employment 16
31. Conflict of interest 16
32. Securities transactions and confidential information 16
33. Protecting company assets 17
34. Integrity of data furnished 17
35. Reporting systems 17
36. Immunity 17
37. Suspension 18-20
38. Subsistence Allowance 20-21
39. Treatment of the period of suspension 21
40. Penalties 21-24
41. Disciplinary authority 24
42. Procedure for imposing major penalties 25-29
43. Action on the Inquiry Report 29
44. Procedure for imposing minor penalties 29-30
45. Communication of Orders 30
46. Common proceedings 30
47. Special procedure in certain cases 30-31
48. Employees on deputation from the Central Govt. or the State Govt. etc. 31-32
49. Disciplinary proceeding after superannuation. 32-33
50. Appeals 34
51. Review 35
52. Service or Order Notice etc. 35
53. Standard time limit for disciplinary proceedings 35-36
54. Honorarium to the Enquiry Officer/ Presenting Officer & Assisting Official 36-37
55. Power to relax time limit and to condone delay 37
56. Savings 38
57. Interpretations/ Relaxations/ Deletions/ Modifications 38
58. Schedule-‘A’, Disciplinary/ Appellate/ Reviewing Authority 39-40
59. Standard Forms for D&AR 41-69
60. Forms for permission to transact movable, immovable and valuable property intimation 70-73
DMRC CONDUCT, DISCIPLINE AND
APPEAL RULES
Rule-2. APPLICATION
These rules shall apply to all employees except:
2.1 Those in casual employment or paid from contingencies;
2.2 Those who are inducted on re-employment, consultant, contract, retainership
basis.
.
Rule-3. DEFINITIONS
In these rules, unless the context otherwise requires
3.1 “Employee” means a person in the employment of the Corporation, other than
those who are inducted on re-employment, consultant, contract, retainership
basis, but includes a person on deputation to the Corporation.
3.2 ‘Corporation’ means the Delhi Metro Rail Corporation Ltd.
3.3 ‘Board’ means the Board of Directors of the Corporation and includes, in relation
to the exercise of powers, any Committee of the Board/ Management or any
officer of the Corporation to whom the Board delegates any of its powers.
3.4 ‘Chairman/ Managing Director’ means the Chairman/ Managing Director of the
Corporation.
3.5 ‘Government’ means the Government of India/ State Government.
3.6 ‘Competent Authority’ means the Authority empowered by Board of Directors by
any general or special rule or order to discharge the function or use the powers
specified in the rule or order.
[1]
3.7 ‘Disciplinary Authority’ means the Authority specified in the Schedule appended
to these rules and competent to impose any of the penalties specified in Rule-40.
3.8 ‘Appellate Authority’ means the Authority specified in the Schedule appended to
these Rules.
3.9 ‘Reviewing Authority’ means the Authority specified in the Schedule attached to
these rules.
3.10 ‘Family’ means the employee’s spouse, children (below the age of 25 years or till
they get married or employed, whichever is earlier) and widow mother of the
employee only, who is residing with him/ her and wholly dependent upon
employee.
3.11 ‘Public Servant’ shall mean and include a person as mentioned in Section 21 of
Indian Penal Code as amended from time to time.
Rule-5. MISCONDUCT
Without prejudice to the generality of the term “misconduct” the following acts of
omission and commission shall be treated as ‘misconduct’.
5.1 Theft, fraud or dishonesty in connection with the business or property of the
Corporation or property of another person within the premises of the Corporation.
5.2 Taking or giving bribes or any illegal gratification;
5.3 Possession of pecuniary resources or property disproportionate to the known
sources of income by the employee or on his behalf by another person, which the
employee cannot satisfactorily account for.
[2]
5.4 Furnishing false information regarding name, age, father’s name, qualification,
ability or previous service or any other matter germane to the employment at the
time of employment or during the course of employment.
5.5 Acting in a manner prejudicial to the interest of the Corporation.
5.6 Willful insubordination or disobedience, whether or not in combination with others
or any lawful and reasonable order of his superior;
5.7 Absence without leave or overstaying the sanctioned leave for more than four
consecutive days without sufficient grounds of proper or satisfactory explanation.
5.8 Habitual late or irregular attendance.
5.9 Neglect of work or negligence in the performance of duty including malingering or
slowing down of work.
5.10 Damage to any property of the Corporation.
5.11 Interference or tampering with any safety devices installed in or around the
premises of the Corporation.
5.12 Drunkenness or riotous or disorderly or indecent behaviour in the premises of the
Corporation or outside such premises where such behaviour is related to or
connected with employment.
5.13 Gambling within the premises of the establishment;
5.14 Smoking within the premises of the establishment where it is prohibited.
5.15 Collection, without the permission of the competent Authority, of any money
within the premises of the Corporation except as sanctioned by any law of the
land for the time being in force or rules of the Corporation.
5.16 Sleeping while on duty.
5.17 Commission of any act which amounts to a criminal offence involving moral
turpitude.
5.18 Absence from the employee’s appointed place of work without permission or
sufficient cause.
5.19 Purchasing properties, machinery, stores etc. from or selling properties,
machinery, stores, etc. to the corporation without express permission in writing
from the competent Authority.
5.20 Omission of any act subversive of discipline or of good behavior.
5.21 Abetment of or attempt at abetment of any act which amounts to misconduct.
[3]
5.22 Prohibition of sexual harassment of working women.
(i) No employee of DMRC shall indulge in any act of sexual harassment of
any woman at her work place.
(ii) Every employee of DMRC who is in-charge of a work place shall take
appropriate steps to prevent sexual harassment to any woman at such
work place.
Explanation: For the purpose of this rule, “sexual harassment” includes such
unwelcome sexually determined behaviour, whether directly or
otherwise, as:-
(a). physical contact and advances; or
(b). a demand or request for sexual favours; or
(c). making sexually coloured remarks; or
(d). showing any pornography; or
(e). any other unwelcome physical, verbal or non-verbal conduct
of a sexual nature.
Note:- - The above instances of ‘misconduct’ are illustrative in nature and not
exhaustive.
- The cases of sexual harassment will be dealt as per extant rules/
guidelines of DOPT on the subject.
5.23 All employees of DMRC are required to disclose private foreign visits/ study,
undertaken by them and their family members, within two weeks of the foreign
visit (inclusive of foreign education), undertaken by them.
[4]
employment may be accepted provisionally subject to the permission of the
competent Authority to whom the matter shall be reported forthwith.
6.3 No employee shall in the discharge of his official duties deal with any matter or
give or sanction any contract to any Company or firm or any other person if any
member of his family is employed in that Company or firm or under that person or
if he or any member of his family is interested in such matter or contract in any
other manner and the employee shall refer every such matter or contract to
the superior official and the matter or the contract shall thereafter be
disposed of according to the instructions of the Authority to whom the reference
is made.
[5]
pseudonymously, or in the name of any other person, to any newspaper or
periodical; provided that no such sanction shall be required if such broadcast or
such contribution is of a purely literary artistic or scientific character.
8.3 No employee of the Corporation shall, except with the previous sanction of the
competent Authority is permitted to upload any matter on internet. Provided that
no such sanction shall be required if material/ contribution is of a purely literary
artistic or scientific character.
8.9 No employee of the Corporation shall, except with the previous sanction of the
competent Authority is permitted to take part in any show or act in the film.
[6]
10.2 Where any sanction has been accorded under Sub-Rule (1) no
employee giving such evidence shall criticize the policy or any action of the
Central Government or of a State Government or of the Corporation.
10.3 Nothing in this rule shall apply to:-
(a) evidence given at any enquiry before an Authority appointed by the
Government, Parliament or a State Government/Legislature or any
Company;
(b) evidence given in any judicial enquiry; or
(c) evidence given at any departmental enquiry ordered by authorities
subordinate to the Government.
[7]
religious or social practices, an employee of the Corporation may accept
gifts from his near relatives but he shall make a report to the Competent
Authority if the value of the gift exceeds Rs.5,000/-.
3. On such occasions as are specified in sub-rule (2), an employee of the
Corporation may accept gifts from his personal friends having no official
dealings with him, but he shall make a report to the competent Authority if
the value of any such gift exceeds Rs.1,000/-.
4. In any other case, an employee of the Corporation shall not accept or
permit any other member of his family or any other person acting on his
behalf to accept any gifts without the sanction of the competent Authority
if the value thereof exceeds Rs.1,000/-.
Provided that when more than one gifts has been received from the same
person/firm within a period of 12 months the matter shall be reported to the
competent Authority if the aggregate value of the gift exceeds Rs.5000/-.
Rule- 12 A. DOWRY
No employee of the Corporation shall:
(i) give or take or abet the giving or taking of dowry; or
(i) demand, directly or indirectly, from the parents or guardian of a
bride or bridegroom, as the case may be, any dowry.
Explanation : For the purpose of this rule ‘dowry’ has the same meaning as in the
Dowry Prohibition Act, 1961 (28 of 1961).
[8]
13.2 Every employee of the Corporation shall report to the competent Authority if any
member of his family has engaged in a trade or business or owns or manages an
insurance agency or commission agency.
13.3 No employee of the Corporation shall, without the previous sanction of the
competent Authority, except in the discharge of his official duties, take part in the
registration, promotion or management of any bank or other Corporation/
Company which is required to be registered under the Companies Act, 1956 (1 of
1956) or other law for the time being in force or any cooperative society for
commercial purposes. Provided that any employee of the Corporation may take
part in the registration, promotion or management of a Consumer/House Building
Cooperative Society substantially for the benefit of the employees of the
Corporation, registered under the Cooperative Societies Act, 1912 (2 of 1912) or
any other law for the time being in force, or of a literary, scientific or charitable
society registered under the Societies Registration Act, 1860 (21 of 1860) or any
corresponding law in force.
13.4 No employee of the Corporation may accept any fee or any pecuniary advantage
for any work done by him for any public body or any private person without the
sanction of the Competent Authority.
[9]
Rule- 16. PERMISSION TO TRANSACT MOVABLE, IMMOVABLE AND VALUABLE
PROPERTY
16.1 No employee of the Corporation shall except with the prior approval in the
prescribed form of the competent Authority, acquire or dispose of any
immovable property by lease, mortgage, purchase, sale, gift, or otherwise, either
in his own name or in the name of any member of his family. No Corporation
employee shall speculate in any stock, share or other investment. Frequent
purchase or sale or both of shares, debentures or other investment shall deemed
to be speculation within the meaning of this Sub-rule.
(O.O. No. PP/1207/2011 dated 15.02.2011)
16.2 No employee of the Corporation shall except with the previous sanction of the
competent Authority, enter into any transaction concerning any immovable or
movable property with a person or a firm having official dealings with the
employee or his subordinate.
16.3 Every employee of the Corporation shall report to the competent Authority every
transaction concerning movable property owned or held by him and member of
his/ her family, if the value of such property is equal to or exceeding two times of
his/ her Basic Pay. An intimation shall also be made (on the proforma) where
cumulative transaction i.e. sale, purchase or both in shares debentures or mutual
funds etc. in a year equal to or exceeding two times of his Basic Pay.
Further, expenditure incurred in visiting countries abroad as well as on children’s
education abroad also needs to be intimated as such expenditures normally
exceed the limit two times of Basic Pay. Henceforth, such expenditures on
foreign visits and children’s education abroad should also be intimated under this
rule.
(O.O. No. PP/982/2009 dated 23.09.2009)
Explanation No.1
The term “every transaction concerning movable property owned or held by him”
includes all transactions of sale or purchase. For purpose of this sub-rule, the
definition of movable property would include :
[10]
(a) Jewelry and Insurance policy premium, which is equal to or exceeding two times
of his/ her Basic Pay;
(b) shares, securities and debentures;
(c) loans advanced by such employee whether secured or not;
(d) motor cars, motor cycles, horses or any other means of conveyance; and
(e) refrigerators, radios, TV sets and computers etc.
Explanation No: 2
Transaction entered into by the spouse or any other member of family of an
employee of the Corporation out of his or her own funds (including Stridhan gifts,
inheritance etc.) as distinct from the funds of the employee of the Corporation
himself, in his or her own name and in his or her own right, would not attract the
provisions of the above sub-rules.
1. Every employee shall, on first appointment in the Corporation submit a return of
assets and liabilities in the prescribed form giving the particulars regarding.
(a) the immovable property inherited by him, or owned or acquired by him,
held by him on lease or mortgage, either in his own name or in the name of
any member of his family or in the name of any other person;
(b) shares, debentures, and cash including bank deposits inherited by him or
similarly owned, acquired, or held by him;
(c) other movable property inherited by him or similarly owned acquired
or held by him if the value of such property is equal to or exceeding two
times of his Basic Pay of the employee.
(d) debts and other liabilities incurred by him directly or indirectly;
(e) every employee shall, beginning 1st January, submit a return of immovable
property inherited owned/acquired once in every year.
2. The competent Authority may at any time, by general or special order require
an employee to submit, within a period specified in the order, a full and
complete statement of such movable or immovable property held or acquired
by him or on his behalf or by any member of his family as may be specified in
the order. Such statement shall, if so, required by the competent Authority,
[11]
include details of the means by which or the source from which such property
was acquired.
[12]
Provided that the Corporation may permit an employee to enter into a contract
with any such marriage as is referred to in clause (1) or clause (2), if it is satisfied
that:-
(i) such marriage is permissible under the Personal Law applicable to such
employee and the other party to the marriage; and
(ii) there are other grounds for so doing.
18.3 If an employee has married a person other than that of Indian Nationality, he
shall forthwith intimate the fact, to the Corporation.
[13]
Preamble:- Values are intrinsic to our lives; they add strength to our character
and righteousness of our belief.
[14]
Rule- 24. HEALTH, SAFETY AND ENVIRONMENT
DMRC shall strive to provide a safe, healthy, clean and ergonomic working
environment for its people.
[15]
Every employee shall always punctually turn up on duty, sober and smartly
dressed.
[16]
Rule- 33. PROTECTING COMPANY ASSETS
The assets of DMRC shall not be misused; they shall be employed primarily and
judiciously for the purpose of conducting the business for which they are duly
authorized.
These include tangible assets such as equipment and machinery, systems,
facilities, materials and resources, as well as intangible assets such as
information technology and systems, proprietary information, intellectual
property, and relationships with customers and suppliers.
No employee of DMRC will initiate any legal action against DMRC or any of its
employees without exhausting departmental avenue and prior approval of the
Management.
[17]
Rule- 37. SUSPENSION
37.1 The appointing Authority or any Authority to which it is subordinate or the
Disciplinary Authority or any Authority empowered in that behalf by the
Management by general or special order may place on employee under
suspension.
a) Where Disciplinary proceedings against him is contemplated or is
pending; or
b) Where a case against him in respect of any criminal offence is under
investigation or trial,
37.2 An employee who is detained in custody, whether on a criminal charge or
otherwise, for a period exceeding 48 hours shall be deemed to have been
suspended with effect from the time and date of detention by an order of the
Disciplinary Authority, and shall remain under suspension until further
orders.
37.3 Where a penalty of dismissal or removal from service imposed upon an
employee under suspension is set aside on appeal or on review under these
rules and the case is remitted for further inquiry or action or with any other
directions, the order of his suspension shall be deemed to have continued in
force on and from the date of the original order of dismissal or removal and
shall remain in force until further orders.
37.4 Where a penalty of dismissal or removal from service imposed upon on
employee is set aside or declared or rendered void in consequence of or by a
decision of a court of law and the Disciplinary Authority, in consideration of the
circumstances of the case, decides to hold further inquiry against him on the
allegations on which the penalty of dismissal or removal was originally
imposed, the employee shall be deemed to have been placed under
suspension by the competent Authority from the date of the original order of
further orders.
37.5 An order of suspension made or deemed to have been made under this rule
may at any time be revoked by the Authority which made or is deemed to have
made the order or by any Authority to which that Authority is subordinate.
[18]
37.6 (i) An order of suspension made or deemed to have been made under these
Rules shall be reviewed by the competent Authority on recommendation of a
Review Committee, constituted for this purpose. It is also being provided that
an order of suspension made or deemed to have been made under Sub-rule-
37.1 and 37.2 of these rules shall not be valid after 90 days unless it is
extended after review for a further period before the expiry of 90 days. It is
further being provided that extension of suspension shall not be for a period
exceeding 180 days at a time.
(ii) It is, therefore necessary to constitute Review Committee(s) to review the
suspension cases. The composition of Review Committee(s) shall be as
under:-
(a) The case, when Disciplinary Authority is of Assistant Manager level and
above up-to Dy. HOD level:- The Disciplinary Authority, the Appellate
Authority and another officer of the level of Disciplinary Authority/ Appellate
Authority from the same department or from another department.
(b) The case, when Disciplinary Authority is of General Manager/ HOD level:-
The Disciplinary Authority and two officers of the level of General Manager/
HOD, who are equivalent or higher in rank than the Disciplinary Authority,
from the same department or from another department, in a case where the
Appellate Authority is the Managing Director.
(c) The case, when Disciplinary Authority is of Director level:- Three officers of
the level of Directors, who are higher in rank than the suspended official from
the same Department/ Office or from another department (in case another
officer of same level is not available in the same office), in case where the
Disciplinary/ Appellate Authority is the Managing Director.
(iii) The Review Committee(s) may take a view regarding revocation/ continuation
of the suspension keeping in view of the facts and circumstances of the case
and also taking into account that unduly long suspension, while putting the
employee concerned to undue hardship, involve payment of Subsistence
Allowance without the employee performing any useful service to the
Corporation, without prejudice to the foregoing, if the employee has been
under suspension for one year without any charges being filed in a court of
[19]
law or no charge memo has been issued in a departmental enquiry, he shall
be ordinarily be re-instated in service without prejudice to the case against
him. However, in case the employee is in police/ judicial custody or is
accused of a serious crime or a matter involving national security, the Review
Committee may recommend the continuation of the suspension of the official
concerned.
[20]
- the amount of subsistence allowance may be increased to 75% of basic pay
and allowance thereon, if in the opinion of said Authority, the period of
suspension has been prolonged for reasons, to be recorded in writing, not
directly attributable to the employee under suspension.
- the amount of subsistence allowance may be reduced to 25% of basic pay
and allowance thereon, if in the opinion of the said Authority, the period of
suspension has been prolonged due to the reasons, to be recorded in writing,
directly attributable to the employee under suspension.
38.3 If any employee is arrested by the police on a criminal charge and bail is not
granted, no subsistence allowance is payable. On grant of bail if the competent
Authority decides to continue the suspension, the employee shall be entitled to
subsistence allowance from the date he is granted bail.
[21]
- Minor Penalties
(i) Censure,
(ii) Withholding of his/ her promotion for a specified period.
(iii) Recovery from his/her pay of the whole or part of any pecuniary loss
caused by him/ her to the Corporation by negligence or breach of orders.
(iv) Reduction to a lower stage in the time scale of pay for a period not
exceeding three years without cumulative effect.
(v) Withholding of increment of pay for a specified period with further
directions as to whether on the expiry of such periods this will or will
not have the effect of postponing the future increments of his/ her pay.
- Major Penalties
(vi) [Save as otherwise provided for in clause (iv)] 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, the reduction will or will not have the
effect of postponing the future increments of his pay.
(vii) 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 DMRC employee was reduced and his
seniority and pay on such restoration to that grade, post or service.
(viii) Compulsory retirement,
(ix) Removal from service which shall not be a disqualification for future
employment under the Govt./ PSUs;
(x) Dismissal from service shall ordinarily be a disqualification for future
employment under the Govt./ PSUs.
Provided that in cases of persons found guilty of any act or omission resulted or
would have, ordinarily, resulted in collision of trains one of the penalties specified
in Clause (ix) and (x) shall ordinarily be imposed and in cases of passing Railway
signals at danger, one of the penalties specified in Clauses (vi) to (x) shall,
ordinarily, be imposed and where penalty is not imposed the reasons thereof
shall be recorded in writing.
Provided further that in cases of person found guilty of having accepted or having
obtained from any person any gratification, other than remuneration, as a
[22]
motive or reward for doing or forbearing to do any other act, one of the penalties
specified in Clause (ix) or (x) shall, ordinarily, be imposed and where such
penalty is not imposed, the reason thereof shall be recorded in writing.
40.2 For guidance of all Disciplinary Authorities, it is to mention that the cases
in which there is reasonable ground to believe that a penal offence has
been committed by a DMRC employee but the evidence forthcoming is not
sufficient for prosecution in a Court of Law will warrant of a charge sheet.
Further, for following matters also major D&AR will normally be initiated:-
i. Possession of disproportionate assets.
ii. Obtaining or attempting to obtain illegal gratification.
iii. Misappropriation of Government property, money or stores.
iv. Obtaining or attempting to any valuable thing or pecuniary advantage
without consideration for a consideration which is not adequate.
v. Falsification of DMRC records.
vi. Gross irregularity or negligence in the discharge of official duties with a
dishonest motive.
vii. Misuse of official position or power for personal gains.
viii. Disclosure of secret or confidential information even though it does not fall
strictly within the scope of the Official Secret Act.\
ix. False claims like TA/DA, LTC/ Medical claim etc.
x. Serious acts of misbehavior with Metro commuters.
xi. Acts of unsafe working resulting in grievous injury to Metro commuters.
xii. Passing signals at danger or an act which would have resulted in collision
of trains.
xiii. Misuse of SV-4 cards and cases of gross indiscipline/ insubordination as
well.
(O.O. No. PP/1492/2012 dated 17.08.2012)
Explanation
The following shall not amount to a penalty within the meaning of this Rule:
[23]
i) withholding of increment of an employee on account of his work being
found unsatisfactory or not being of the required standard, or for failure to
pass a prescribed test of examination;
ii) stoppage of an employee at the efficiency bar in a time scale, on the
ground of his unfitness to cross the bar;
[24]
Rule- 42. PROCEDURE FOR IMPOSING MAJOR PENALTIES
42.1 No order imposing any of the major penalties specified in clauses (vi), (vii), (viii),
(ix) and (x) of Rule 40 shall be made except after an inquiry is held in
accordance with this rule.
42.2 Whenever the Disciplinary Authority is of the opinion that there are grounds of
Inquiring into the truth of any imputation of misconduct or misbehavior against an
employee, it may itself, inquire into, or appoint any public servant (hereafter
called the enquiring Authority) to inquire into the truth thereof.
42.3 Where it is proposed to hold an inquiry, the Disciplinary Authority shall frame
definite charges on the basis of the allegations against the employee. The
charges, together with a statement of the allegations, on which they are based, a
list of documents by which and a list of witnesses by whom, the articles of charge
are proposed to be sustained, shall be communicated in writing to the employee,
who shall be required to submit within such time as may be specified by the
Disciplinary Authority (not exceeding 15 days), a written statement whether he
admits or denies any of or all the articles of charges.
Explanation:
It will not be necessary to show the documents listed with the charge sheet or
any other document to the employee at this stage.
42.4 On receipt of the written statement of the employee or if no such statement is
received within the time specified, an inquiry may be held by the Disciplinary
Authority itself, or by any other public servant appointed as an Inquiring Authority
under sub-clause (2).
Provided that it may not be necessary to hold an inquiry in respect of the charges
admitted by the employee in his written statement. The Disciplinary Authority
shall, however, record its findings on each such charge.
42.5 Where the Disciplinary Authority itself inquires or appoints an Inquiring Authority
for holding an inquiry, it may, by an order, appoint a public servant to be known
as the Presenting Officer to present on its behalf the case in support of the
articles of charge.
42.6 The employee may take the assistance of any other public servant but may not
engage a legal practitioner for the purpose.
[25]
42.7 On the date fixed by Inquiring Authority, the employee shall appear before the
Inquiring Authority at the time, place and date specified in the notice. The
Inquiring Authority shall ask the employee whether he pleads guilty or has any
defence to make and if he pleads guilty to any of the articles of charge, the
Inquiring Authority shall record the plea, sign the record and obtain the signature
of the employee concerned thereon. The Inquiring Authority shall return a finding
of guilt in respect of those articles of charge to which the employee
concerned pleads guilty.
42.8 If the employee does not plead guilty, the Inquiring Authority shall adjourn the
case to a later date not exceeding 30 days, after recording an order that the
employee may, for the purpose of preparing his defense:
- inspect the documents mentioned in the charge-sheet;
- submit a list of additional documents and witnesses that he wants to examine;
and
- be supplied with the copies of the statements of witnesses, if any, listed in the
charge-sheet.
Note: Relevance of the additional document and the witnesses referred to in
Sub- clause (3) above will have to be given by the employee concerned and the
documents and the witnesses shall be summoned if the Inquiring Authority is
satisfied about the relevance to the charges under inquiry.
42.9 The Inquiring Authority shall ask the Authority in whose custody or possession
the documents are kept for the production of the documents on such date as may
be specified.
42.10 The Authority in whose custody or possession the requisitioned documents are,
shall arrange to produce the same before the Inquiring Authority on the date,
place and time specified in the requisition notice.
Provided that Authority having the custody or possession of the requisitioned
documents may claim privilege if the production of such documents will be
against the public interest or the interest of the Corporation. In that event, it shall
inform the Inquiring Authority accordingly.
42.11 On the date fixed for the inquiry, the oral and documentary evidence by which
the articles of charges are proposed to be proved shall be produced by or on
[26]
behalf of the Disciplinary Authority. The witnesses shall be examined by or on
behalf of presenting officer and may be cross-examined by or on behalf of the
employee. The Presenting Officer shall be entitled to re examine the witnesses
on any points on which they have been cross-examined, but not on a new matter,
without the leave of the Inquiring Authority. The Inquiring Authority may also put
such questions to the witnesses as it thinks fit.
42.12 Before the close of the prosecution case, the Inquiring Authority may, in its
discretion, allow the Presenting Officer to produce evidence not included in the
charge-sheet or may itself call for new evidence or recall or re-examine any
witness. In such case the employee shall be given opportunity to inspect the
documentary evidence before it is taken on record, or cross-examine a witness,
who has been so summoned.
42.13 When the case for the Disciplinary Authority is closed, the employee may be
required to state his defence, orally or in writing, as he may prefer. If the defence
is made orally, it shall be recorded and the employee shall be required to sign the
record. In either case a copy of the statement of defence shall be given to the
Presenting Officer, if any, appointed.
42.14 The evidence on behalf of the employee shall then be produced. The employee
may examine himself in his own behalf if he so prefers. The witnesses
produced by the employee shall then be examined and shall be liable to cross-
examination, re-examination and examination by the Inquiring Authority
according to the provision applicable to the witnesses for the Disciplinary
Authority.
42.15 Inquiring Authority may, after the employee closes his case, and shall, if the
employee has not examined himself, generally question him on the
circumstances appearing against him in the evidence for the purpose of enabling
the employee to explain any circumstances appearing in the evidence against
him.
42.16 The Inquiring Authority may, after completion of the production of evidence, hear
the presenting officer, if any appointed, and the employee, or permit them to file
written briefs of their respective cases, if they so desire.
[27]
42.17 If the employee does not submit the written statement of defence referred to in
sub-rule (3) on or before the date specified for the purpose or does not appear in
person, or through the assisting officer or otherwise fails or refuses to cooperate
with any of the provisions of these rules, the Inquiring Authority may hold the
inquiry ex-parte.
42.18 Whenever any Inquiring Authority, after having heard and recorded the whole or
part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is
succeeded by another Inquiring Authority which has, and which exercises such
jurisdiction, the Inquiring Authority so succeeding may act on the evidence so
recorded by its predecessor, or partly recorded by itself.
Provided that if the succeeding Inquiring Authority is of the opinion that further
examination of any of the witnesses whose evidence has already been recorded
is necessary in the interest of justice, it may recall, examine, cross-examine and
re-examine any such witness as hereinafter provided.
42.19 (I) After the conclusion of the inquiry, report shall be prepared and it shall contain:
(a) a gist of the articles of charge and the statement of the imputations of
misconduct or misbehavior;
(b) a gist of the defence of the employee in respect of each article of charge;
(c) an assessment of the evidence in respect of each article of charge;
(d) the findings on each article of charge and the reasons therefore.
Explanation: If in the opinion of Inquiring Authority the proceedings of the inquiry
establish any article of charge different from the original article of
the charge, it may record its findings on such article of charge.
Provided that the findings on such article of charge shall not be recorded unless
the employee has either admitted the facts on which such article of charge is
based or has had a reasonable opportunity of defending himself against such
article of charge.
(II). The Inquiring Authority, where it is not itself the Disciplinary Authority, shall
forward to the Disciplinary Authority, the records of inquiry which shall
include:
(a) the report of the inquiry prepared by it under sub-clause (I) above;
[28]
(b) the written statement of defence, if any, submitted by the employee referred
to in sub-rule (13)
(c) the oral and documentary evidence produced in the course of the inquiry;
(d) written briefs referred to in sub-rule (16), if any, and
(e) the orders, if any, made by the Disciplinary Authority and the Inquiring
Authority in regard to the inquiry
[29]
44.2 The record of the proceeding shall include.
(i) a copy of the statement of imputation of misconduct or misbehavior delivered
to the employee :
(ii) his defence statement, if any; and
(iii) the orders of the Disciplinary Authority together with the reason therefore.
[30]
47.4 Notwithstanding anything contained to the contrary in any other rules, the services
of any employee shall be terminated by the Corporation if, the employee remains
on un-authorised absence for sixty days or more and he fails to explain his
conduct satisfactorily within 15 days from the date of receipt of the ‘Show Cause
Notice’ by him. The management shall be empowered to take a decision without
resorting to further inquiries.
The decision in the above case would be taken by a Committee of officers at
appropriate level to be constituted for this purpose by the Managing Director. The
reasons for the decision would be recorded in writing.
(Rule-19 of the General Conditions of Service Rules)
[31]
48.3 If the employee submits an appeal against an order imposing a minor penalty on
him under Sub-rule 48.2 (a) above, it will be disposed of after consultation with
the Lending Authority: Provided that if there is a difference of opinion between
the Appellate Authority, and the Lending Authority, the services of the employee
shall be placed at the disposal of the Lending Authority and the proceedings of
the case shall be transmitted to the Authority for such action as it deems
necessary.
[32]
(As per Hon’ble Supreme Court of India decision in the case of Sh. Ramesh
Chandra Sharma Vs. Punjab National Bank and GOI, CVC Circular No. 44/12/07
dated 28.12.2007)
[33]
Rule- 50. APPEALS
50.1 An employee may appeal against an order imposing upon him any of the
penalties specified in Rule 40 or against the order of suspension referred to in
Rule -37. The appeal shall lie to the Authority specified in the schedule.
50.2 An appeal shall be preferred within one month from the date of
communication of the order appealed against. The appeal shall be
addressed to the Appellate Authority specified in the Schedule and
submitted to the Authority whose order is appealed against. The
Authority whose order is appealed against shall forward the appeal
together with its comments and the records of the case to the
Appellate Authority within 15 days. The Appellate Authority shall consider
whether the findings are justified or whether the penalty is excessive or
inadequate and pass appropriate orders within three months of the date of the
appeal. The Appellate Authority may pass order confirming, enhancing, reducing
or setting aside the penalty or remitting the case to the Authority which imposed
the penalty or to any other Authority with such direction as it may deem fit in the
circumstances of the case.
50.3 Provided that if the enhanced penalty which the Appellate Authority proposed to
impose is a major penalty specified in clauses (vi), (vii), (viii), (ix) and (x) of Rule
40 and an inquiry as provided in Rule 42 has not already been held in the case,
the Appellate Authority shall direct that such an inquiry be held in accordance
with the provisions of Rule 42 and thereafter consider the record of the inquiry
and pass such order as it may deem proper, if the Appellate Authority decides to
enhance the punishment but an inquiry has already been held as provided in
Rule 42, the Appellate Authority shall give a show cause notice to the employee
as to why the enhanced penalty should not be imposed upon him. The Appellate
Authority shall pass final order after taking into account the representation, if any,
submitted by the employee.
[34]
Rule- 51. REVIEW
51.1 Notwithstanding anything contained in these rules, the Reviewing Authority as
specified in the schedule may call for the record of the case within six months of
the date of the final order and after Reviewing the case pass such orders thereon
as it may deem fit.
51.2 Providing that if the enhanced penalty, which the Reviewing Authority proposed
to impose, is a major penalty specified in clauses (vi), (vii), (viii), (ix) and (x) of
Rule 40 and on inquiry as provided under Rule 42 has not already been held in
the case, the Reviewing Authority shall direct that such an inquiry be held in
accordance with the provisions of Rule 42 and thereafter consider the record of
the inquiry and pass such order as it may deem proper. If the Appellate Authority
decides to enhance the punishment but an inquiry has already been held in
accordance with the provisions of Rule 42, the Reviewing Authority shall give
show cause notice to the employee as to why the enhanced penalty should not
be imposed upon him. The Reviewing Authority shall pass final order after taking
into account the representation, if any, submitted by the employee.
1. Disposal of minor penalty inquiry Within 2 months from the date of issuing
charge-sheet
2. Disposal of major penalty cases Within 4 months from the date of issuing
charge-sheet.
3. Review of suspension Before expiry of 90 days of suspension
[35]
4. Appeal by employee against the Within one month from the date of
penalty imposed upon him/her communication of order of penalty
5. Disposal of appeal by Appellate Within 3 months from the date of appeal.
Authority
[36]
(ii) Before the payment is received it is the responsibility of the EO to ensure
that;-
(a) All case records and inquiry report (two ink signed copies) properly
documented and arranged is handed over to the Disciplinary Authority by the
EO.
(b) The report returns findings on each of the Article of Charge which has been
enquired into and should specifically deal and address to each of the procedural
objections, if any, raised by the charged officers as per the extant rules and
instructions.
(c) Reduction of honorarium by 50% in case of delay in completion of enquiry
beyond 4 months from the date of appointment as EO, which is not due to non-
cooperation of the charged officer or due to stay order.
(iii) The number of Disciplinary cases shall be restricted to 12 cases in a year
with one Enquiry Officer, with not more than 4 cases pending at a time for
retired officers.
(iv) The retired officer appointed as EO shall maintain strict secrecy in relation to
the documents he/she receives or information/ data collected by him/ her in
connection with the enquiry and utilize the same only for the purpose of inquiry
in the case entrusted to him/ her. No such documents/ information or data are to
be divulged to any one during the inquiry or after presentation of the enquiry
report. The EO entrusted with the inquiry will be required to furnish an
undertaking to maintain strict secrecy and confidentiality of all records/
documents/ proceedings etc.
(v) The 25% of the honorarium towards transportation and secretarial assistance
shall be disbursed on the basis of self certification of expenses by the EO.
(O.O. No. PP/1351/2013 dated 09.12.2013)
[37]
Rule- 56. SAVINGS
56.1 Nothing in these rules shall be construed as depriving any person to whom
these rules apply, of any right of appeal which had accrued to him under these
rules, which have been superseded by these rules.
56.2 An appeal pending at the commencement of these rules against an order made
before the commencement of these rules shall be considered and orders thereon
shall be made, in accordance with these rules.
56.3 The proceedings pending at the commencement of the rule shall be continued
and disposed of as far as may be, in accordance with the provisions of these
rules, as if such proceedings were proceeding under these rules.
56.4 Any misconduct etc. committed prior to the issue of these rules which was a
misconduct under the superseded rules shall be deemed to be a misconduct
under these rules.
[38]
SCHEDULE – A
[39]
6. Non- a) Major penalties as defined in AM/ Manager Dy. HOD HOD (ED/GM)
Supervisor: Rule 40 and the penalty of
Rs.10170- withholding of promotion.
18500 IDA
or below & b)Other penalties as defined in Rule AM/ Manager Dy. HOD HOD (ED/GM)
equivalent 40
CDA grades
******
[40]
STANDARD FORMS
FOR
D&AR ACTIONS
It is not necessary that each word of the form should be strictly adhered to
in all circumstances. Minor modification could always be made in the light of the
circumstances relating to the Disciplinary case in which these forms are to be
used.
[41]
INDEX
D&AR FORMS
S.N. Standard Form
1. Order of Suspension
2. Order placing an official under suspension when he is detained in custody
3. Certificate to be furnished by the suspended official
4. Order for revocation of suspension
5. Charge-sheet for major penalty
6. Form for Refusing Permission to inspect Documents
7. Order relating to appointment of Inquiring Authority
8. Order relating to appointment of Presenting Officer
9. Order for taking Disciplinary action in Common Proceedings
10. Order for appointment of Inquiring Authority in Common Proceedings
10 B Memorandum of charge for minor penalty
11. Initiation of Minor Penalty proceedings (in cases where Disciplinary Authority decides to
hold the inquiry)
12. Order for appointment of Board of Inquiry
13. Order relating to appointment of Inquiring Officer
14. Order for appointment of Presenting Officer in Common Proceedings
15. Show-cause notice for imposing penalty to be issued on the employee on conviction
16. Order for imposing penalty on the employee on his conviction
17. Order for setting aside order of punishment on appeal being decided in favour of the
employee
18. Summoning Public servant / Private individual
19. Certificate by Inquiry Officer for Witnesses
20. Certificate by Inquiry Officer to the Presenting Officer/ Defence Assistant
21. Order for holding departmental enquiry on appeal being decided in favour of the employee
OTHER FORMS
[42]
SF-1
STANDARD FORM OF ORDER OF SUSPENSION
[Rule –37 of the DMRC Conduct, Discipline and Appeal Rules]
No: ……………………………………
ORDER
NOW, THEREFORE, the undersigned, in exercise of the powers conferred by Rule –37
of the DMRC Conduct, Discipline and Appeal Rules, hereby places the said Shri
……………………………………… under suspension with immediate effect.
It is further ordered that during the period that this order shall remain in force the
headquarters of Shri …………………………………………… (Name & designation of the DMRC
official) should be Metro Bhawan, Barakhamba Road, Delhi-01 (name of the place) and the
said Shri ………………………………… shall not leave the headquarters without obtaining the
previous permission of the undersigned.
Signature
Name and Designation of suspending Authority
…………………………………………………….
(Orders regarding subsistence allowance admissible to him during the period of his suspension
will issue separately.)
[43]
SF-2
No: ……………………………………
ORDER
Signature
Name and Designation of suspending
Authority
…………………………………………………….
Orders regarding subsistence allowance admissible to him during the period of his
suspension will issue separately.
[44]
SF-3
Signature…………..
Name……………..…………..
Desig./ Deptt…………………
Emp. No………………………
Address……………………….
…………………………………
…………………………………
…………………………………
Contact No.
[45]
SF- 4
No:……………………………………
ORDER
Whereas an order placing Shri…..……………..………………………(name & designation
of the DMRC official) under suspension was made/ was deemed to have been made by
………………………….on…………………...
Now, therefore, the undersigned (the Authority which made or is deemed to have made
the order of suspension or any Authority to which that Authority is subordinate), in exercise of
the powers conferred by DMRC Conduct, Discipline and Appeal Rules, hereby revokes the said
order of suspension with immediate effect.
Signature
Name and Designation of Authority making this order
…………………………………………………….
[46]
SF-5
No-………………………………………….
Place:………………………… Dated: ……………………………………..
MEMORANDUM
ANNEXURE – I
Article – I
Article – II
That during the aforesaid period and while functioning in the aforesaid office, the said
Shri…………………………………………
Article – III
That during the aforesaid period and while functioning in the aforesaid office, the said
Shri…………………………………………
--------------------------------------------------------------------------------------------------------------------------
[48]
ANNEXURE –II
Statement of imputation of misconduct or misbehavior in support of the articles of charge
framed against Shri………………………………………… (Name, Desig. and Emp. No. of
the employee).
Article – I
Article – II
Article – III
--------------------------------------------------------------------------------------------------------------------------
[49]
ANNEXURE –III
List of documents by which the articles of charge framed against Shri………………
………………………. (Name, Desig. and Emp. No. of the employee) are proposed to be
sustained.
----------------------------------------------------------------------------------------------------------------
ANNEXURE – VI
List of witnesses by which the articles of charge framed against Shri………………..
………………………. (Name, Desig. and Emp. No. of the employee) are proposed to be
sustained.
[50]
SF- 6
No:……………………………………
Dated: ……………………………………
ORDER
Shri……………………………………………………..(Name, Desig. and Emp. No.) has
requested permission to inspect and take extracts from the records specified below for the
purpose of preparing his defence in the enquiry pending against him in pursuant to
Memorandum No…………………………….dated………………
The undersigned has carefully considered the request and has decided to refuse such
permission for the reasons recorded below against each item:-
1……………………………….. …………………………………………………………
2……………………………….. …………………………………………………………
3……………………………….. …………………………………………………………
4……………………………….. …………………………………………………………
5……………………………….. …………………………………………………………
Signature
Name and Designation of Inquiry Authority
…………………………………………………….
[51]
SF-7
No:
Delhi Metro Rail Corporation Limited.
(Place of issue: Dated:
Whereas an inquiry under Rule-42 of the DMRC Conduct, Discipline and Appeal Rules
is being held against Shri …………………………………..……………………………(name &
designation of the Charged Official).
AND WHEREAS the Competent Authority considers that an Inquiring Authority should
be appointed inquire the charges framed against the said
Shri……………………………………………………
Signature
Designation of the Competent Authority
Copy to:
1. Name and designation of the Accused Employee.
2. Inquiring Authority
[52]
SF-8
ORDER
Whereas an inquiry under Rule-42 of the DMRC Conduct, Discipline and Appeal Rules
is being held against Shri …………………………………..……………………………(name &
designation of the charged official).
AND WHEREAS the Competent Authority considers that a Presenting Officer should be
appointed to present on behalf of the Disciplinary Authority/ undersigned the case in support of
the articles of charge.
NOW, therefore the undersigned in exercise of the powers conferred by Rule 42.5 of the
said rules, hereby appoints Shri…………… …………………………….. (Name and designation of
Presenting Officer) as the Presenting Officer.
Disciplinary Authority
Copy to:
[53]
SF-9
No. …………………………………..
ORDER
Shri …………………………………….
Shri………………………………………
Shri………………………………………
(i) that Disciplinary action against all the said DMRC officials shall be taken in a
common proceeding.
(iii) that the procedure prescribed in Rules-42 & 44 shall be followed in the
said proceedings.
Signature
Name & designation of the Competent Authority
Copy to:-
1. Shri…………………………………. (name & designation)
2. Shri…………………………………. (name & designation)
3. Shri…………………………………. (name & designation)
[54]
SF-10
No. …………………………………..
ORDER
WHEREAS an inquiry under Rule-46 of the DMRC Discipline, Conduct & Appeal
Rules, is being held against the Officers specified below:-
Shri …………………………………….
Shri………………………………………
Shri………………………………………
WHEREAS common proceedings have been ordered against the said officers.
AND WHEREAS the undersigned considers that the Inquiring Authority should
be appointed to inquire into the charges framed against the said officers.
Signature
Disciplinary Authority/ Competent Authority
Copy to:
1. The accused officers
2. Presenting Officer
3. Inquiring Authority
4. The CVO
Signature
Disciplinary Authority/ Competent Authority
[55]
SF-11
Standard Form of Memorandum of Charge for Minor Penalties
[Rule-44 of DMRC Conduct, Discipline and Appeal Rules]
No-…………………………………………
MEMORANDUM
Signature
(Name & Desig. of the Competent Authority)
To,
Shri…………………………………..
………………………………………
………………………………………
[56]
SF-11 B
No-……………………………………
Place:…………………………….. Dated: ………………….
MEMORANDUM
3. He is informed that an inquiry will be held only in respect of those articles of charge as
are not admitted. He should, therefore, specifically admit or deny each article of charge.
Article – I
That the said Shri……………………………. While functioning as ……………… during
the period.
Article – II
That during the aforesaid period and while functioning in the aforesaid office, the said
Shri…………………………………………
Article – III
That during the aforesaid period and while functioning in the aforesaid office, the said
Shri…………………………………………
[58]
-----------------------------------------------------------------------------------------------------------------------------
ANNEXURE –II
Statement of imputation of misconduct or misbehavior in support of the articles of charge
framed against Shri………………………………………… (Name, Desig. and Emp. No. of
the employee).
Article – I
Article – II
Article – III
---------------------------------------------------------------------------------------------------------------
ANNEXURE –III
List of documents by which the articles of charge framed against Shri………………
………………………. (Name, Desig. and Emp. No. of the employee) are proposed to be
sustained.
----------------------------------------------------------------------------------------------------------------
ANNEXURE – VI
List of witnesses by which the articles of charge framed against Shri………………..
………………………. (Name, Desig. and Emp. No. of the employee) are proposed to be
sustained.
[59]
SF-12
No:
Delhi Metro Rail Corporation Limited.
Place of issue: Dated:
ORDER
Whereas an inquiry under Rule-42 of the DMRC Conduct, Discipline and Appeal Rules is being
held against Shri …………………………………..……………………………(name & designation of the DMRC official).
AND WHEREAS the Competent Authority considers that a Board of Inquiry should be appointed
to inquire into the charges framed against the Shri……………………………………………………………..
NOW, THEREFORE the undersigned in exercise of the powers conferred by Sub-Rule 34.5 of the
said rules, hereby appoints:-
1. …………………………………………………………………
2. …………………………………………………………………
3. …………………………………………………………………
Signature
Name & designation of competent Authority
[60]
SF-13
No:
Delhi Metro Rail Corporation Limited.
(Place of issue: Dated:
ORDER
Whereas an inquiry under Rule-42 of the DMRC Conduct, Discipline and Appeal Rules
is being held against Shri …………………………………..……………………………(name &
designation of the Charged Official).
NOW, THEREFORE the undersigned in exercise of the powers conferred Rule-42.2 &
42.18 of the said rules, hereby appoints Shri……………………………………………….(name
and designation of new Inquiring Officer) as Inquiring Authority to inquire into the charges
framed against the said Shri………………………………………………(name and designation of
the official facing enquiry) vice Shri …………………. …………….. (name of the previous Inquiry
Officer).
Signature
Designation of the Competent Authority
Copy to:
1. Name and designation of the Government servant.
2. Inquiring Authority
[61]
SF-14
No. …………………………………..
ORDER
WHEREAS an inquiry under Rule-46 of the DMRC Discipline, Conduct & Appeal Rules,
is being held against the Officers specified below:-
Shri …………………………………….
Shri………………………………………
Shri………………………………………
WHEREAS common proceedings have been ordered against the said officers.
Signature
Disciplinary Authority/ Competent Authority
Copy to:
1. The accused officers
2. Presenting Officer
3. Inquiring Authority with relevant documents
4. The CVO
Signature
Disciplinary Authority/ Competent Authority
[62]
SF-15
No. …………………………………..
Place: …………………………………… Dated; ……………………………….
MEMORANDUM
AND WHEREAS the undersigned proposes to award an appropriate penalty under Rule
-47 of the DMRC Conduct , Discipline and Appeal Rules taking into account the gravity of the
criminal charges;
AND WHEREAS on a careful consideration of the inquiry report (copy enclosed), the
undersigned has provisionally come to the conclusion that Shri…………………………………
(name of the convicted official) is not a fit person to be remained in service/ the gravity of the
charge is such as to warrant the imposition of a major/ minor penalty and accordingly proposes
to impose on him the penalty of ……………………………………. (here enter the proposed
penalty).
[63]
SF-16
No. …………………………………..
ORDER
AND WHEREAS Shri ……………………………………… was given an opportunity of personal hearing and
offer his written explanation;
Station:
[64]
SF-17
No. …………………………………..
ORDER
AND WHEREAS the said imposition of penalty has been set asidec by a copetent Authority and the said
Shri……………………………….. has been acquitted of the said charge;
NOW, THEREFORE, the undersigned hereby set aside the order of imposition of the
penalty……………………………………………………………..
Station:
[65]
SF-18
No. …………………………………..
To,
……………………………………..
……………………………………..
……………………………………..
Sir,
You are / are not likely to be required to stay at the place for more than a day.
Yours faithfully,
(Inquiring Officer)
Copy to: Concerned Controlling Officer- With the request to permit the official mentioned above
to attend the enquiry on these dates.
[66]
SF-19
No. …………………………………..
Nothing has been paid to him on account of his travelling and other expenses.
Signature
(Disciplinary Authority/Inquiring Officer)
[67]
SF-20
No. …………………………………..
Nothing has been paid to him on account of his travelling and other expenses.
Signature
(Disciplinary Authority/Inquiring Officer)
[68]
SF- 21
No:……………………………………
ORDER
Whereas Shri…..……………..……………………… (name & designation of the DMRC
official) was dismissed / removed/ compulsorily retired from service with effect from
…………………………….. on the grounds of conduct which led to his conviction on a criminal
charge;
or,
Whereas the penalty of (name of penalty imposed was imposed on
Shri…..……………..……………………… (name & designation of the DMRC official) on the
ground f conduct which led to his conviction on a criminal charge;
AND whereas the said conviction is set aside by a competent Court of Law and the said
Shri…..……………..……………………… (name & designation of the DMRC official) has been
acquitted of the said charge;
AND whereas in consequence of such acquittal the competent Authority has decided
that the said order of dismissal / removal/ compulsory retirement/ imposing the penalty of
…………………………………..(name of penalty imposed) should be set aside;
AND whereas the competent Authority on a consideration of the circumstances of the
case has also decided that a further enquiry should be held under the DMRC Conduct,
Discipline & Appeal Rules, against the said Shri…..……………..……………………… (name &
designation of the DMRC official) on the allegations which led to his dismissal / removal/
compulsory retirement from service/ the imposing the penalty of
…………………………………..(name of penalty imposed).
NOW THEREFORE, the competent Authority / undersigned hereby-
(i) set aside the said order of dismissal / removal/ compulsory retirement from service/ imposing
the penalty of …………… ……………………..(name of penalty imposed);
(ii) directs that a further enquiry should be held under the provisions of the DMRC Conduct,
Discipline & Appeal Rules, against Shri…..……………..……………………… (name &
designation of the DMRC official) on the allegations which led to his dismissal / removal/
compulsory retirement from service/ the imposing the penalty of
…………………………………..(name of penalty imposed).
(iii) directs that the said Shri…..……………..……………………… (name & designation of the
DMRC official) shall under Sub- rule 37.3 of the DMRC Conduct, Discipline & Appeal Rules, be
deemed suspended with immediate effect from ……………………. (here enter the date of the
dismissal or removal or compulsory retirement from service) and shall continue to remain under
suspension until further orders.
Disciplinary Authority
[69]
FORM – I
Form for giving prior intimation or seeking previous sanction under Rule 16) of the
DMRC Conduct, Discipline & Appeal Rules for transaction in respect of immovable property.
Contd…..2/---- (PTO)
[70]
-----2----
DECLARATION
I, …………………………………… hereby declare that the particulars given above are true. I request that I
may be given permission to acquire/dispose of property as described above from/to the party whose name
is mentioned in item 11 above.
OR
Note: 1. In the above form, different portions may be used according to requirement.
2. Where previous sanction is asked for, the application should be submitted at least 30 days before the
proposed date of the transaction.
[71]
FORM – II
Form for giving intimation or seeking previous sanction under Rule 16 of the
DMRC Conduct, Discipline & Appeal Rules for transaction in respect of movable property.
(c Did the applicant have any dealings with the party in his
official capacity at any time, or is the applicant likely to have
any dealings with him in the near future?
(d Nature of official dealings with the party.
How was the transaction arranged? (Whether through any
(e statutory body or a private agency through advertisements or
through friends and relatives. Full particulars to be given).
-
------2/- (PTO)
[72]
-----2-----
DECLARATION
I, …………………………………… hereby declare that the particulars given above are true. I
request that I may be given permission to acquire/dispose of property as described above
from/to the party whose name is mentioned in item 11 above.
OR
Station: ……………………………………
Signature: ……………………………………
Date: ……………………………………
Designation: ……………………………………
Note:
1. In the above form, different portions may be used according to requirement.
2. Where previous sanction is asked for, the application should be submitted at least 30 days
before the proposed date of the transaction.
[73]