Discipline and Appeal Rules, 1968
Came into force from 01.10.1968
Appointing Authority: The highest of the authorities appointed the Railway
servant to the highest post held by him during the entire service.
Disciplinary Authority: The Controlling Authority of the Railway servant which is
also empowered to impose upon him a penalty in the context of penalties shown
in the Rule 6 of RS(D&A) Rules, 1968.
Appellate Authority: The authority to which the Disciplinary Authority is
immediate subordinate.
Revising Authority: The authority to which the Appellate Authority is immediate
subordinate.
Reviewing Authority: Only the President of India.
Suspension
It is not a penalty.
Its purpose is to keep the Railway servant away from his work place.
A Railway servant may be placed under suspension-
a) Where a disciplinary proceeding of a major penalty is contemplated
against him.
b) Where the Competent Authority opines that the Railway servant has
engaged himself in activities, which are interest of the security of the state.
c) Where a case of criminal offence against him is under investigation.
A Railway servant may be placed under deemed suspension-
a) With effect from the date of his detention in custody for a period
exceeding 48 hours.
b) With effect from his conviction with imprisonment for a period exceeding 48
hours.
c) Where a penalty of Dismissal/Removal/Compulsory Retirement is set
aside due to procedural lapses found in his DAR case.
2/-
2/-
Subsistence Allowance
It is equal to Half Average Pay Leave.
The Competent Authority does review of the subsistence allowance every three
months.
The amount of subsistence allowance can be reduced or enhance by 25% but it
should not less than HAPL.
Penalties (Minor)
i) Censure
ii) Withholding of promotion for a specified period
iii) Recovery of pecuniary losses
iii-a) Withholding of privilege passes/PTOs or both
iii-b) Reduction by one stage in the same time scale of pay not exceeding 03
years without cumulative effect and not adversely affecting his pension
iv) Withholding of increment for a specified period with or without
cumulative effect.
Penalties (Major)
v) Reduction by one stage in the same time scale of pay
exceeding 03 years, with cumulative effect, and adversely affecting his
pension.
vi) Reduction to lower time scale of pay/grade/service with postponement of
future increments and loss of seniority or both.
vii) Compulsory Retirement
viii) Removal from Railway service
ix) Dismissal from Railway service.
3/-
3/-
Procedure for imposing a Major Penalty
a) Issuing of a minor penalty charge memorandum (SF-11)
b) Obtaining his acknowledgement as token of receipt.
c) On the receipt of his representation, passing “Reasoned Speaking Orders”
d) Communicating the above to him under own signature of the Disciplinary
Authority.
Procedure for imposing a Major Penalty
a) Issuing of a major penalty charge memorandum (SF-5)
b) Obtaining his acknowledgement as token of receipt.
c) If representation of the employee is not satisfactory, appointing Enquiry
Officer by issuing a SF-7.
d) On the receipt of a copy of Enquiry Report, sending its copy to the
employee to make a representation.
e) On receipt of the representation, passing “Reasoned Speaking Orders”
f) Communicating the above to him under own signature of the Disciplinary
Authority.
Appeal
After being imposed with a penalty the employee can prefer an appeal under
Rules 18 and 19 of RS (D&A) Rules, 1968 to the Appellate Authority.
Appellate Authority is the Authority to which the Disciplinary Authority is
immediate subordinate.
Time limit for preferring appeal is 45 days, however, the Appellate Authority can
condone delay in justified cases.
Appellate Authority can confirm/reduce/enhance the penalty imposed by the
Disciplinary Authority or send the case to the Disciplinary Authority where it finds
it necessary.
4/-
4/-
Revision Petition
If the Appellate Authority confirms the penalty imposed by the Disciplinary
Authority, the employee can prefer a revision petition under Rule 25(1) of RS
(D&A) Rules, 1968.
Revising Authority is the Authority to which the Appellate Authority is immediate
subordinate.
Time limit for preferring a revision petition is 45 days, however, the Revising
Authority can condone delay in justified cases.
Revising Authority can confirm/reduce/enhance the penalty imposed by the
Disciplinary Authority or sends the case to the Appellate Authority where it finds it
necessary
Time limit for preferring a revision petition is 45 days, however, the Revising
Authority can condone delay in justified cases.
Sequence of Authorities
[Link] (Disciplinary Authority)
ADRM/DRM (Appellate Authority)
CEGE/CEE (Revising Authority)
Note: Powers of ADRM and DRM, HOD and PHOD and AGM and GM are same.
Standard Forms
1) SF-1 for placing under suspension.
2) SF-2 for placing under deemed suspension.
3) SF-3 for non employment certificate from the employee.
4) SF-4 for revocation of suspension,
5) SF-5 for major penalty disciplinary action.
5/-
5/-
6) SF-6 for refusing to inspect documents.
7) SF-7 for appointing Enquiry Officer.
8) SF-8 for appointing Presenting Officer.
9) SF-9 Not in existence.
10) SF-10 for disciplinary action in common proceedings
11) SF-11 for issue of Minor Penalty charge memorandum.
Over
