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Railway Services Conduct Rules

1966
• These rules may be called the Railway Services
(Conduct) Rules 1966. They shall come into force at once.
A Railway servant shall at all times:
Rule 3
• Maintain absolute integrity.
• Maintain devotion to duty.
• Do nothing which is unbecoming of a railway servant
• Supervisory in-charges should see that the staff under
his control should maintain devotion to duty and
integrity.
Rule 3A
• Promptness and Courtesy
Rule 3B
• Observance of Government’s policies
RULE 3C
• Prohibition of sexual harassment of working women.
RULE 4
• Employment of near relatives of railway servants in
Company or firm enjoying Government patronage.
RULE 5
• Taking part in politics and elections.
RULE 6
• Joining of Associations or Unions by Railway
Servants which are banned by the law/government.
RULE 7
• Should not participate in demonstrations
RULE 8
• Connection with press or other media (should not
contribute matter relating to administration)
RULE 9
• Should not criticize the administration / government
RULE 10
• Evidence before Committee or any other Authority
RULE 11
• Communication of Official Information
• Should not communicate the official papers/ documents
to any other person relating to the official transaction.
RULE 12
• Subscription.
RULE 13
• Shall not accept gifts without the sanction of the
government, if the value exceeds: (25000/15000/7500)
Rs.5000/- for Group ‘A’ & ‘B’ officers and
Rs.2000/- for Group ‘C’ & ‘D’ employees. RBE:30/2020
RULE 13 A
• Should not entertain dowry
RULE 14
• Public demonstrations in honour of Railway servants
RULE 15
• Should not practice private trade/employment
RULE 15A
• Sub-letting and vacation of Government accommodation
RULE 16
• Investment, lending and borrowing.
• RBE no 167/2019: Group A, B- 50,000/year, Group C,
D-25000/year in shares, securities, debentures or
mutual funds,
• Should not borrow / lend money from private
unrecognized agencies.
RULE 17
• Insolvency and Habitual indebtedness.
RULE 18
• Movable, immovable and valuable Property.
RULE 18A
• Restrictions in relation to acquisition and disposal
of
immovable property out side India and transaction
with foreigners,etc.

RULE 19
• Vindication of Acts and Character of Railway servants

RULE 20

RULE 21
• Restrictions Regarding Marriage
RULE 22
• Consumption of intoxicating Drinks and Drugs.
RULE 22 A
• Prohibition regarding employment of Children below 14
years of age.

RULE 23
•The power of inter pretating these rules is reserved to
the president.

RULE 24
• Delegation of Powers
 Should not discriminate staff based on caste.
 Should not use un parliamentary language while on
duty with anybody either staff or public.
 Supervisory staff who are working in PB-2 with Grade
Pay of 4600/- or above are required to submit an
annual return of their immovable property.
Railway servants
(Discipline & Appeal) Rules
1968
Constitutional Provisions
Art. 310 – Central Government employees hold their
positions during the pleasure of the President, who is in
control of their discipline.
Art. 311(1) – No civil servant shall be dismissed or
removed from service by an authority subordinate to the
authority who appointed him.
Art. 311(2) - No civil servant shall be dismissed or removed
from service or reduced in rank without an enquiry in which
he is informed of the charges against him and is given a
reasonable opportunity to be heard about these charges.
Principle of Natural Justice
This principle elaborate the reasonable opportunity which should
be given to the charged employee.
Chief Justice S.R.Sinha of the Supreme Court of India has suggested
the following guidelines:
 Nobody can be a judge in his own cause.
 None should be condemned without being heard.
 All decisions should be made in good faith.

 This rules came into force from 1st October, 1968.


 Shall apply to every Railway servant except members of All-India
services , RPF and casual employment.
Appointing Authority
• The authority to make appointments to the Railway
service is called appointing authority. (CPO in case of
JE/SSE).

• The authority that appointed the employee in the Present


Grade in which working and not the initial appointing
appointment
Disciplinary Authority
The authority competent, who is having the power to impose penalties
in normal cases.
 For imposing a major penalty such authority will be Appointing
authority.
 Any authority who can impose a penalty under DAR Rules can
impose a minor penalty.
 For initiating a Disciplinary proceeding, an authority who is
competent to impose a minor penalty may issue the charge sheet.
 But on finding out that the punishment required to be imposed is
not within his competence he should forward the case to competent
authority
Appellate Authority
 One who is at higher rank than the disciplinary authority as
per hierarchy.
Revision or Review Authority
 Revision is undertaken by the Railway Board or the General
Manager of a Zonal Railway or an authority of the status of a
General Manager in any other Railway Unit or Administration
when they are higher than the appellate Authority, and by the
President even when he is the appellate authority, this can be
done without restriction of any time limit.
Inquiry authority
• The official nominated by the Disciplinary authority to
conduct disciplinary enquiry is the Inquiry authority. It
could be the Disciplinary Authority itself or a single
officer/supervisor or a committee of two or more officers.
• This authority should be impartial, unconnected with the
case and not lower in rank to the charged employee or
the officer who held the fact finding enquiry except in
Accident/ Vigilance/ SPE cases.
- Where there is a case of sexual harassment, the
Complaints Committee established for enquiring into it
shall be deemed to be the inquiring authority.
Defence Counsel
 The charged employee may present his case with the help
of another person who is known as Defence Counsel.
 Defence Counsel could be another employee or a retired
Railway employee or a Trade union official of a recognized
union but should not be a legal practitioner and should
not be associated with the case in his official capacity.
 Nomination of Defence Counsel should be made within 20
days from the date of appointment of Inquiry Authority.
Suspension

1. Suspension means the suspension of official activities of a


Railway servant.
2. Suspension is not a penalty.
3. A Railway servant may be placed under suspension, if
disciplinary proceeding against him is contemplated or
pending.
Suspension
• Suspension is an executive action whereby a railway
servant is temporarily kept out of duty.
1. If, Pending final action against him for criminal
offences or acts of indiscipline, misconduct, etc
2. To safeguard against the government servant in
interfering with and hampering the preliminary
investigation and tampering with material evidence-
oral and documentary, where there is pending in
departmental enquiry
• Suspension is not a penalty.
SUSPENSION
(1) A railway servant may be placed under
suspension:-
a. where a disciplinary proceeding against him is
contemplated or is pending ; or
b. where, in the opinion of the authority
competent to place a railway servant under
suspension, he has engaged himself in activities
prejudicial to the interest of the security of the
state ; or
c. where a case against him in respect of any
criminal offence, is under investigation, enquiry
or trial.
DEEMED SUSPENSION
(2) A railway servant shall be deemed to have been placed
under suspension by an order of the competent authority.
• with effect from the date of his detention, if he is
detained if he is detained in custody, whether on a
criminal charge or otherwise, for a period exceeding
forty-eight hours.
• with effect from the date of his conviction, if in the
event of a conviction for an offence, he is sentenced to
a term of imprisonment exceeding forty-eight hours and
is not forthwith dismissed or removed or compulsorily
retired consequent to such conviction.
Subsistence Allowance

 Allowance admissible to a suspended employee equal to


half of the monthly pay without any regular allowances for
a period of three months.
 The time allowed for appealing to the Appellate Authority
after receiving notice imposing penalty is 45 days.
Authority competent to suspend

• Any authority who has been empowered to place the


employee under suspension.
1. Gr. C and D employees may be placed under suspension by
Junior Scale and Group B officers.
2. Sr. Supervisors may suspend Group D staff.

3. Group A & B officers by Railway Board, GM/AGM, DG/RDSO,


DG/NAIR, CAO.
4. PHOD may suspend Group B officers and Group A Jr Scale.
Charge Sheet
• A Document showing charges alleged with
violation of an order or Rule.
• When there is a PRIMA –FACIE Evidence
1. Charged person is involvement
2. Violation of rule/order
3. Gravity of Offence
4. Major or minor
5. Suspension Desired or Not
Minor Penalties
1. Censure.
2. Withholding of promotion for a specified period.
3. Recovery from his pay of the whole or part of any pecuniary loss caused
by him to the Government or Railway Administration by negligence or
breach of orders.
a) Withholding of the privilege passes or PTOs or both.
b) Reduction to a lower stage in the time scale of pay by one stage not
exceeding three years, without cumulative effect and not adversely
affecting his pension.
4. Withholding of increments of pay for a specific period with further
directions as to whether on the expiry of such period , this will or will not
have the effect of postponing the future increments of pay.
Major Penalties
1. 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, the reduction will or will not have the effect
of postponing the future increments of his pay;
2. 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 or service;
3. Compulsory retirement (retirement benefits applicable).
4. Removal from service, which shall not be a disqualification for future-
employment under the Government or Railway Administration.
5. Dismissal from service, which shall ordinarily be a disqualification for future
employment under Government or Railway Administration.
Types of Standard Forms:
 SF-1 : Used for placing an employee under suspension.
 SF-2 : Deemed Suspension
 SF-3 : Used to claim subsistence allowance by the
suspended employee.
 SF-4 : Used for revoke from suspension of an employee
 SF-5 : Used for imposing major penalty
 SF-6 : Refusal of Additional Document
 SF-7 : Used for appointing an enquiry officer
 SF-8 : Used for appointing presenting officer
 SF-10 :Charge sheet in Common Proceeding
 SF-11: Used for imposing minor penalty
Procedure for imposing Minor penalty
Charge sheet for Minor Penalties. SF-11
1. Charges should be framed against the delinquent employee
and communicated to him on prescribed from (Standard Form
No. 11)
2. The charges must be specific and not vague,
3. A statement of allegations should also supply along with the
charge sheet.
4. Charge sheet must be served in person on Delinquent
Employee or sent to his address through registered post.
5. If Charged official is not traceable or refuses to accept, a copy
to be displayed on last working place and also on the last
known residential address in presence of two witnesses.
Minor Penalty
INSPECTION OF DOCUMENTS
• After receiving the charge sheet the delinquent
employee may request the disciplinary authority for
permission to inspect and take extracts from the original
documents.
WRITTEN STATEMENT
• After having inspected the documents the charged
officer/employee should submit his written statement of
defence to the disciplinary authority with in 10 days. The
written statement should not contain any thing irrelevant
or disrespectful but must precise and to the point.
Minor Penalty
CONSIDERATION OF THE WRITTEN STATEMENT OF DEFENCE
• After considering the written statement of defence the D.A. may
impose minor penalty.
• if it is proposed to impose penalty of Reduction in time scale
more than one stage below,
• With holding Increment for a period exceeding 3 years,
• With holding Increment with cumulative effect for any period or
• if the penalty of W.I. is likely to effect adversely the amount of
pension or special contribution to P.F. payable to the employee,
an inquiry shall invariably be held. ( SF 11-b )
• While communication orders the disciplinary authority should
indicate brief reasons (Reasoned Speaking Order) for coming to
the final decision.
MAJOR PENALTY
1. Issue of charge sheet
• The disciplinary Authority shall frame definite charges on
standard form no. 5 and deliver to the Railway servant , a
copy of article of charges, as statement of allegations.
• A statement of all relevant facts and list of documents by
which and list of witness by whom the charges are proposed
to be proved.
• While framing the charges name & designation of delinquent
employee station/office, date & time of occurrence and the
conduct rule for violation of which the allegation are made
must be specifically mentioned in the charge sheet.
MAJOR PENALTY
Submission of written statement of defence by
the delinquent employee.
• The delinquent employee must submit his
written statement of defence within a period
of 10 days from the date of receipt of SF5 or
further time allowed by DA
MAJOR PENALTY
Permission to inspect and take note from documents
• The Railway Servant shall for the purpose of preparing his
defence be permitted to inspect and take note from the
documents as he may specify, the disciplinary authority shall
furnish him with a copy each of such statement as early as
possible and in any case not later than three days - before the
commencement of the examination of the witnesses on behalf
of the disciplinary authority.
• But such permission may be denied by the competent Authority
on the ground
• Not relevant to the case.
• Against the public interest.
• In such cases the disciplinary Authority shall record the reason in
the written and shall deliver to the delinquent employee on SF6
MAJOR PENALTY
Order of Inquires
• On receipt of written statement of defence or
where no written statement of defence is
submitted by the delinquent employee if it
proposed to inflict any of the major penalty an
inquiry has to be ordered by the disciplinary
Authority for providing the charges which are
not admitted.
MAJOR PENALTY
Appointment of Inquiry Officer
• The disciplinary Authority may itself inquire
into the case or may appoint an inquiry officer
or a Board of Inquiry. The appointment of
Inquiry Authority is done on SF7. Inquiry
Authority must be one grade higher than the
delinquent employee.
MAJOR PENALTY
Appointment of Presenting Officer
• The disciplinary Authority may when consider
necessary nominate any Railway Servant as
presenting officer, to present the case in support of
charges before the Inquiry Authority.
• The presenting officer is mainly appointed in
complicated cases where the employees of different
departments are involved (common proceeding) or
in serious vigilance cases. Nomination of Presenting
Officer is done on SF8.
MAJOR PENALTY
Nomination of Assisting Railway Servant by the
delinquent employee. Defence counsel
• The delinquent employee is also given the
facility to present his case with the Assistance
of another Railway Servant of the same zonal
Railway. may be a Retired Railway employee
or an Office bearer of Railway trade union, but
should not be a professional Lawyer
MAJOR PENALTY
Inquiry
• Preliminary Inquiry
• Examination in Chief (main Inquiry )
Preliminary Inquiry .
• The Inquiry officer should put up the following five questions to the charged
employee which should be answered by the charged employee and not by his
defence Council.
Q.1. Have you received charge sheet?
Q.2. Have you received/ inspected document mention in the charge sheet?
Q.3. Have understood the charges framed/ leveled against you?
Q.4. Do you accept the charges leveled against you?
Q.5. Are you prepared to commence with Inquiry?
• If the charged employee gives the reply of all the above five questions in
affirmation then disciplinary Authority will proceed for main Inquiry otherwise
he will provide the required Assistance to the charged employee
MAJOR PENALTY
main Inquiry
• The Inquiry officer will called witnesses for examination and cross examination
one by one.
• Examination of witness is done by the Inquiry officer/ presenting officer and
after the examination, cross-examination is done by the delinquent employee
or Defence Counsel .When the cross-examination is over, if the Inquiry Officer/
presenting officer wants to re examine the witness then after re examination of
the witness the delinquent employee / ARE must be given opportunity to re-
cross examine the witness, when the examination and cross examination of all
the witnesses is over the delinquent employee must be asked to produced his
defence witnesses.
• At the end of the Inquiry, the Inquiry officer should provide an opportunity to
the charged employee to submit a defence, which may be oral or written. He
can also be given a 10 days time for submission in case he wishes to give in
writing. On receipt of delinquent employee defence the Inquiry should bear in
mind that he has no Authority to suggest the gravity of offence or penalty to be
impose.
MAJOR PENALTY
Submission of Inquiry report and finding
• The Inquiry officer will submit his Inquiry
report and finding to disciplinary Authority in
Two copies
MAJOR PENALTY
Forwarding of Inquiry report and finding by the
disciplinary Authority to the delinquent employee to
submission of his oral/ written final defence. Rule-10
• After going through the Inquiry report and findings
of Inquiry officer, if the disciplinary Authority wants
to imposed any Minor/Major penalty upon the
delinquent employee than he should forward a
copy of Inquiry report and finding to the delinquent
employee with a 15 days notice to submit his
oral/written final defence.
MAJOR PENALTY
Order of disciplinary Authority (speaking order)
• On receipt of the final defence of the delinquent employee or where no
defence is submitted than the disciplinary authority should wait for 15 days and
after passage of 15 days disciplinary Authority should go through the entire
Inquiry report, findings written defence , if any submitted as after proper
application of mind shall pass speaking order for imposition of penalty, if he
wishes to impose any penalty.
Speaking order should contain in brief.
• i) The charges laved against the delinquent employee.
• ii) The basis on which each and every charge alleged has been proved or not
proved.
• iii) The reasons which make the disciplinary Authority conclude that imposition.
• iv) The particular penalty commensurate date with the gravity of the offence
and that meets the ends of Justices.
MAJOR PENALTY
Communication of penalty to the delinquent
employee. (Rule12)
• The penalty imposed upon the delinquent
employee shall be communicated to him on
standard form along with a copy of the
speaking order. Employee shall also be advised
the period within which the appeal lies and to
whom the appeal lies.
APPEAL
• The appeal against punishment lies to the Appellate
Authority, who is usually the next higher authority to whom
the disciplinary authority is subordinate.
• The limitation is a period of 45 days from the date of order of
punishment. Delay on sufficient causes may be condoned.
• A single person should appeal in his own name. The appeal
should be addressed to the appellate authority only. It should
not be in a disrespectful or improper language.
• In case of major penalty to subordinate staff. A personal
hearing may be granted by the appellate authority.
• The decision in appeal cases may be setting aside,
reducing, confirming or enhancing the penalty. In cases
of enhancement, a reasonable opportunity will be given to
make a representation.
• Normally there is no second appeal. It is permitted only
in case of Gr. D staff who has been dismissed, removed
or compulsorily retired.
STANDARD FORMS FOR USE IN DISCIPLINARY PROCEEDING

S.F No. SUBJECT


1. Order of suspension.
2. Order of deemed suspension.
3. Certificate to be furnished by suspended Railway
employee.
4. Revocation of suspension.
5. Charge sheet for major penalty.
6. Refusing of permission to inspect the documents.
7. Appointment I.O./Board of Inquiry.
8. Appointment of presenting officer.
9. Deleted
10. Disciplinary action in common proceeding.
Standard Forms
10.(a) Appointment of inquiry officer in common proceeding.
10.(b) Appointment of presenting officer in common proceeding
Charge sheet for minor penalty.
11. Charge sheet for minor penalty.
11.(b) Charge sheet for initiation of minor penalty in case where
inquiry is essential.
11.(c) For making disciplinary action for minor penalty where the
charge sheet for major penalty was initially issued.
12. Memorandum where action is proposed under Rule-14
( i ).
13. Permission from president for action taking against the
retire Rly. Employee.
14. Charge sheet for retired Railway employee.
Time limit for DAR cases:

• i) Minor Penalty:
• (a) Receiving written statement of defence = 10 days
• (b) Inspection of Documents if requested by the
employee = 15 days
• (c) Submission of reply after (b) = 10 days
• (d) If the inspection (b) is not agreed to, then within
10 days of refusal.
• Now finalizing the case is within the duty of the
Disciplinary Authority and if the case is delayed, the
delay also will be on account of Disciplinary Authority.
ii) Major Penalty:
• (a) Receiving written statement of defence =
10 days
• (b) Inspection of Documents if requested by
the employee = 15 days
• (c) Submission of reply after (b) = 10 days
• (d) If the inspection (b) was not agreed, then
within 10 days of refusal.
• (e) final defence from charged employee = 15
days,
iii) The time limit prescribed by Railway
Board is as under:
Sl. Steps description Model time schedule
No. CVC/CBI Rly Vig Dept.
cases cases cases
1 Issue of Charge Memorandum 30 30 20
2 Service of Charge Memorandum 10 10 10
3 Inspection of relied upon documents 30 20 To be
given With
SF 5
4 Submission of written defence with list 20 20 20
of witnesses
5 Decision to hold enquiry after receipt of 30 20 10
the defence
6 Nomination of IO & PO 45 20 20
7 Appointment IO & PO 20 05 05
8 Completion of inquiry and 180 180 60
submission of report
9 Obtaining CVC’s second stage 45 – –
advice after receipt of Inquiry
Report
10 Supply of copy of inquiry report 10 10 10
to the delinquent
11 CO’s submission of final defence 15 15 15
12 Submission of cases of 10 10 10
Disciplinary Authority
13 Decision of Disciplinary 20 20 20
Authority
14 Issue of NIP 05 05 05
TOTAL 470 365 205

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