Railway Servants (Discipline and Appeal) Rules, 1968

RSDAR HAVING VII PARTS AND 31 RULES

PART-I PART-II PART-III PART-IV PART-V PART-VI PART-VII

PENALTIES PROCEDURE TO REVISION Miscella-

General Suspension & DAs IMPOSE PENALTIES
APPEALS &
REVIEW -neous

Rule Rule Rule Rule Rule Rule Rule

1-3 4-5 6-8 9-16 17-24 25&25 A 26-31
 Disciplineis a part of our every day life not
only for the employees and workers of any
organization, but also in one’s home,
schools, clubs, institutions etc. Without
discipline, the social life will be turned into
wild life.
 In every organization where employees
work, certain rules of conduct are
maintained to keep the discipline in force.
For every violation of these rules and
regulations, the delinquent employees is
liable for punishment, which is prescribed in
the rules framed for the purpose.
 These Rules shall apply to every Railway
Servant but shall not apply to:-
 Any member of the All India Service;
 Any member of the Rly. Protection Force;
 Any person in casual employment, and
 Any person covered under special
provision
 Person whom the President, by order
excluded from the operation of these
rules.
APPOINTING AUTHORITY:- Appointing Authority in relation to
Railway Servant means;
(i) the authority empowered to make appointment to the service / post of the
Rly. Servant is for the time being a member or to the grade of the service
in which the Rly. Servant is, for the time being included, or
(ii) the authority empowered to make appointment to the post which the Rly.
Servant for time being holds, or
(iii) the authority who appointed the Rly. Servant to such Service, Grade, or
Post as the case may be,
which ever authority is the highest authority is called Appointing
Authority.
DISCIPLINARY AUTHORITY:- The authority who is empowered to
impose any of the penalties specified in the Rule 6 of RS (D&A) Rule on any
Rly. Servant, is known as the Disciplinary Authority (Schedule I, II & III). The
disciplinary authority in the case of a Railway servant officiating in a higher
post, shall be determined with reference to the officiating post held by him at
the time of taking action.
APPELLATE AUTHORITY:- The authority to which the
authority making the order of imposing punishment is immediately subordinate
i.e. the authority who is next higher in rank than the Disciplinary authority, in
the hierarchy, is known as the Appellate Authority.
REVISING AUTHORITY:- The authority who is next higher in
rank to the Appellate Authority is known as the Revising Authority.

DEFENCE COUNSEL:- The Charged Official may present his case

with the assistance of any other Railway servant (including a Railway servant on
leave preparatory to retirement) working under the same Railway
Administration, who is known as Defence Counsel. The Defence Counsel [DC]
may be another official of the same organisation or a retired official or a Trade
union Official of a recognized union but should not be a legal practitioner
subject to the condition that he takes no fees.
Defence Counsel should be engaged within 20 days of appointing of I.O.
Inquiry Officer:-The official who is nominated by the DA to
conduct the disciplinary enquiry is the Inquiry Officer. It could
be the disciplinary authority itself or a single
Officer/Supervisor or a Committee of 02 or more Officers/
Supervisors.
Where there is a complaint of sexual harassment within the
meaning of rule 3 C of the Railway Services (Conduct) Rules,
1966, the Complaints Committee established for inquiring into
such complaints, shall be deemed to be the inquiring authority
appointed by the disciplinary authority for the purpose of these
rules and the Complaints Committee shall hold, if separate
procedure has not been prescribed for the Complaints
Committee for holding the inquiry into the complaints of
sexual harassment, the inquiry as far as practicable in
accordance with the procedure laid down in these rules.
 In the Railways, the discipline should be
maintained as are prescribed in the
Railway Service Conduct Rules-1966,
which are primarily:-

EVERY RAILWAY SERVANTS SHALL AT ALLTIMES

 a. MAINTIAN ABSOLUTE INTEGRITY,
 b. MAINTAIN DEVOTION TO DUTY,
 c. DO NOTHING WHICH IS UNBECOMING OF A
RAILWAY SERVANT.
 Constitution Provisions for the Discipline
and Appeal Rules are given in Article 309
of the Indian Constitution. This D&A
Rules framed keeping in conformity with
the instructions contained in the Article
311(1) & 311(2). The Discipline and
Appeal Rules has been specified in the
chapter XVII of the Indian Railway
Establishment Code, Volume-I, amended
from time to time in consequence of
judgment delivered by different Court of
Law.
 Article 310 accepts the principle that Central
Government employees hold their positions during
the ‘pleasure’ of the President, who is in control of
their discipline.
 Under Article 311(1) no civil servant shall be
removed or dismissed from service by an authority
subordinate to the authority who appointed him.
 As per Article 311(2) no civil servant shall be
removed or dismissed from service or reduces in
rank without an inquiry in which he is informed of
the charges against him and is given a reasonable
opportunity to be heard about those charges. The
article brings up the concepts of ‘Appointing
Authority’ and ‘Reasonable Opportunity’.
 Principle of Natural Justice are the principles which lay down and
elaborate the reasonable opportunity which should be given to
the charged employee. Before awarding punishment a complete
and systematic inquiry should be conducted and only after prove
of the charges penalty to be imposed.
 Hon’ble Chief Justice of Supreme Court of India, Mr.S.R.Sinha
pointed out the following principles:-
 No body can be a judge in his own cause.
 None should be condemned without being heard.
 All decisions should be made in good faith.
 The hearing must be impartial.
 Reasonable opportunity should be given to defend the case.
 Reasons for decisions should be made known to the accused.
 The charges should be intimated in advance.
 Justice should not only be done, it should also appear to have
been done.
 The D&A Rules are categorized in the Four
following groups:-

 1. SUSPENSION,

 2. IMPOSITION OF PENALTY
 3. APPEAL AGAINST PENALTY.
 4. REVISION / REVIEW.
 STANDARD FORMS

 SF- 1 Suspension
 SF- 2 Deemed to be placed under suspension
 SF- 3 Non engagement certificate for subsistence allowance
 SF- 4 Revocation of suspension
 SF -5 Major Penalty
 SF- 6 Additional documents sought may be refused
 SF- 7 Appointing Inquiry Officer
 SF- 8 Appointing Presenting Officer
 SF- 9 Closed
 SF- 10 To issue charge sheet in case of Common Proceedings
 SF- 10A Appointing of I.O in a Common Proceedings
 SF- 10B Appointing of P.O in a Common Proceedings
 SF -11 Minor Penalty
 SF -11B Proposed to hold inquiry in a Minor Penalty
 SF -11C Issued when DA decided to impose Minor Penalty,
where initially charge sheet was issued for a Major
of Penalties.
 SUSPENSION means, To restrict the charged official
from performing his/her duty. Suspension is not a
Penalty. A railway servant may be placed under
suspension:-
 a) Where a disciplinary proceedings against him
contemplated or is pending;
or
 b) Where, in the opinion of the authority
competent the employee has engaged himself in
the 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, inquiry or
trial.
 A Railway servant shall be deemed to have been
placed under suspension by an order of the
competent authority:-
 a) With effect from the date of his detention, if
he is detained in custody, whether on a criminal
charge or otherwise, for a period exceeding
forty-eight hours.
 b) With effect from the date of his conviction, if
in the event of 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.
 Order of suspension made or deemed to have been made
shall not be valid after a period of 90 days unless it is
extended after review in the manner provided in sub-rule
(7) of this rule, for a further period before expiry of 90
days. Subsequent reviews shall be made before expiry of
the extended period of suspension. Extension of
suspension shall not be for a period exceeding 180 days
at a time.
 Suspension may be revoked at any time by the authority,
who orders the suspension or by any higher authority.
When the suspension is not followed by imposition of
major penalty the suspension period may be treated as
duty.
 Deemed suspension on grounds of detention, is treated
as revoked if prosecution does not follow and in such
case, the period of suspension is to be treated as duty.
 Leave may not be granted to a railway servant under suspension.
The employee may be allowed to leave H.Q. during suspension
period with the permission not below the rank of Dy.HOD. Passes &
PTOs will be allowed which are discretion of the competent
authority. However, this will not effect the eligibility for school
Passes and Educational Assistance allowance which is being paid
for the children of railway servant who is under suspension.
 TA admissible to delinquent staff for attaining enquiry. But for stay,
TA is not admissible. The suspended railway employee may attend
PNM meeting as a Trade Union Official.
 Railway servant may also be permitted to act as a Defense counsel.
In respect of staff who are enjoying rent free house, rent should be
recovered for the period of suspension.
 In case of no charge sheet is issued within a period of 3 months
from the date of suspension, the employee is to be intimated the
reason for his suspension.
 Normal deduction that are made from the salary of an employee,
cannot be made from the subsistence allowance.
 Care should be taken to follow the above while drawing
subsistence allowance of an employee under suspension.
 Timely non payment of subsistence allowance tantamount
denial of natural justice in D & A cases.
 The railway servants under suspension is debarred from
exercising the powers and discharging the duties of his office.
He is forbidden in signing the attendance register.
 A railway servant under suspension if dies, the period of
suspension is treated as duty.
 The deduction to be made from subsistence allowance are
classified in 3 categories:-
1) Permissible Deductions [House Rent, Elect.& Water Charges,
Store/Station/ Workshops Debits, Hospital Diet, GIS, I-Tax]
2) Optional Deductions [LIC Premium, Subscription to Rly. Club/
Institutions, PF Advance.]
3) Deductions Forbidden [PF Subscription, Court Attachment]
 A railway servant under suspension if submits resignation
such resignation is not normally be accepted. However, the
acceptance of resignation in such a case is considered
necessary in the public interest i.e. for reason such as the
alleged offence employee is not enough to justify the
assessment that if the departmental proceedings were
continued the employee would have been removed or
dismissed from service or the departmental proceedings are
likely to be protected that it would be cheaper to the public
exchequer to accept the resignation.
 Voluntary retirement requests with 3 months notice on
completion of 30 years qualifying service / 55 years of age is
not freely available to a suspended employee. This is subject
to the prior approval of the appointing authority.
 Voluntary retirement under voluntary retirement scheme –
such requests should not normally be accepted, where if the
appointing authority feels that on completion of the D&A
proceedings, the employee is likely to be punished with
removal/dismissal from service. If it is proposed to accept
the notice on voluntary retirement even in such cases,
approval of the General Manager is necessary in the case of
Gr-C and Gr-D railway servants.
 A suspended employee can be reverted to the lower grade
otherwise than as a punishment.
 Application from suspended employee should not be
forwarded to outside railways or he should be relieved
while under suspension to outside the railways.
 PLB to the suspended employee, no PLB will be payable
for the period of suspension. After regularization of the
suspension period the question of payment of PLB is to be
finalized.
 Encashment of leave on retirement while under
suspension- Authority competent to grant leave may
withhold whole or part of cash equivalent of LAP at his
credit subject to maximum of 300 days if in view of such
authority there is a possibility of some money becoming
recoverable from him on completion of proceeding
against him. On conclusion of proceedings, he will
become eligible to the amount after adjusting of railways
dues if any.
 i) Censure;
 ii) Withholding of his promotion for a specified period,
 iii) 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,
 iii-a) Withholding of privilege passes or privilege Ticket
orders or both,
 iii-b) Reduction to a lower stage in time scale of pay by
one stage below for a period not exceeding three
years without cumulative effect and not adversely
effecting his pension,
 iv) Withholding of the increment of pay for a specified
period with further directions as to whether on the expiry
of such period this will or will not have the effect of
postponing future increment of his pay.
 1 2 3 4 5
Date Pay without Pay when only Pay on 02 Pay when only one Pay when
any 01Punishment successive (01) punishment punishments are
punishment of WIT for 1 punishment of of WIT for one imposed first for 1
year (NC) is WITs are year is imposed year cumulatively
imposed. imposed each for cumulatively followed by WIT for
1 year (NC) another year

(Rs.) (Rs.) (Rs.) (Rs.) (Rs.)

01.01.2020 40,000 40,000 40,000 40,000 40,000

Punishments imposed in the year 2020 and say the amount of the increment is rs 1000/-

01.01.2021 41,000 40,000 40,000 40,000 40,000

01.01.2022 42,000 42,000 41,000 41,000 40,000

01.01.2023 43,000 43,000 43,000 42,000 42,000

01.01.2024 44,000 44,000 44,000 43,000 43,000

 v) Same as provided for in clause (iii-b). Reduction to
lower stage in the time scale of pay for a specified period,
the reduction will or will not have the effect of postponing
the future increments of his pay.
 vi) Reduction to a lower time scale of pay, grade, post, or
service, with or without further directions regarding
conditions of restoration to the grade, or post, or service
from which the railway servant was reduced and his
seniority and pay on such restoration to the grade, post or
service.
 vii) Compulsory retirement,
 viii) Removal from service, which shall not be
disqualification for further employment under the Govt. or
Railway Administration.
 ix) Dismissal from service, which shall ordinarily be a
disqualification for further employment under the Govt. or
Railway Administration.
 In cases of persons found guilty of any act or omission which
resulted or would have, ordinarily, resulted in collision of Railway
trains, one of the penalties specified in clauses (viii) and (ix) shall,
ordinarily, be imposed and in cases of passing Railway signals at
danger, one of the penalties specified in clauses (v) to (ix) shall,
ordinarily be imposed and where such penalty is not imposed, the
reasons therefore shall be recorded in writing:

 Provided further that in case of persons found guilty of possessing

assets disproportionate to known sources of income or found guilty
of having accepted or having obtained from any person any
gratification, other than legal remuneration, as a motive or reward
for doing or forbearing to do any official act, one of the penalties
specified in clauses (viii) or (ix) shall ordinarily be imposed and
where such penalty is not imposed, the reasons therefore shall be
recorded in writing.

 In case of minor penalty a charge sheet in the Standard Form is to be issued enclosing
statement of imputation of misconduct/misbehaviour on which action is proposed to be
taken should be issued him to submit his representation within 10 days of receipt of the
Memorandum.

 On receipt of the representation the Disciplinary Authority will consider imposition of any
of the penalties specified in 1 to 4 mentioned above.
 Subject to the provisions under these rules, no order imposing on a Railway Servant any
of the penalties specified in clauses (i) to (iv) of Rule 6 shall be made except after

 (a) informing the Rly. Servant in writing of the proposal to take action against him and of
the imputations of misconduct or misbehaviour on which it is proposed to be taken and
he/she should be given reasonable opportunity of making representation.
 (b) holding an inquiry in the manner laid down in sub-rules (6) to (25) of Rule-9, in every
case in which the disciplinary authority is of the opinion that such inquiry is necessary;
If in a case, it is proposed, after considering the representation, if any, made by the
Railway servant to withhold increments of pay and such withholding of increments is
likely to affect adversely the amount of pension or special contribution to Provident Fund
payable to the Railway servant or to withhold increments of pay for a period exceeding
03 years or to withhold increments of pay with cumulative effect for any period, an
inquiry shall be held in the manner laid down in sub-rules (6) to (25) of Rule 9, before
making any order imposing on the Railway servant any such penalty.

 The order of the Disciplinary Authority shall be communicated to the railway servant who
shall also be supplied with a copy of the report of enquiry, if any, held and a copy of its
findings where the Disciplinary Authority is not the Enquiry Authority.
 No order imposing any of the penalties specified in clauses (v) to (ix)
of Rule 6 shall be made except after an inquiry held, as far as may
be, in the manner provided in this rule and Rule 10;
 Whenever the disciplinary authority is of the opinion that there are
grounds for inquiring into the truth of any imputation of misconduct
or misbehavior against a Railway servant, it may itself inquire into,
or appoint under this rule or under the provisions of the Public
Servants (Inquiries) Act, 1850, as the case may be, a Board of Inquiry
or other authority to inquire into the truth thereof.
 Where there is a complaint of sexual harassment within the meaning
of rule 3C of the Rly. Services (Conduct) Rules, 1966, the Complaints
Committee established for inquiring into such complaints, shall be
deemed to be the inquiring authority appointed by the disciplinary
authority for the purpose of these rules and the Complaints
Committee shall hold, if separate procedure has not been prescribed
for the Complaints Committee for holding the inquiry into the
complaints of sexual harassment, the inquiry as far as practicable in
accordance with the procedure laid down in these rules.
 For the imposition of major penalty the Disciplinary Authority shall deliver
Standard Form-5 along-with the following annexure(s) to the charged official:-
 (i) Annexure-I - Article(s) of Charge
 (ii) Annexure-II - A statement of the imputations of misconduct / misbehaviour,
 (iii) Annexure-III - List of Documents
 (iv) Annexure-IV -List of Witnesses
 The employee shall be permitted to inspect the documents and also to ask for
additional documents to submit his written statements of defence within next 10
days. If the disciplinary authority on consideration of the explanation feels that
the ends of justice would be met if a minor penalty is imposed, in such case the
competent authority may make an order imposing the minor penalty and it will
not be necessary to give the Railway servant any further opportunity to make
representation before the punishment could be imposed. Otherwise after
receipt of the explanation, the disciplinary authority may himself conduct the
D&A enquiry or appoint an Inquiry Officer or a Committee of Officers to enquire
into the charges and to submit the report [Rule 9(2)].
 For this purpose first the order appointing an Inquiry Officer shall be issued and
copy served on the Officer so appointed to enquiry and also on the Railway
employee concerned.
 The Railway servant shall appear in person before the inquiring authority
on such day and at such time within 10 working days from the date of
receipt of a notice in writing, or within such further time not exceeding
10 days, as the inquiring authority may allow.
 The inquiring authority shall, if the Railway servant fails to appear within
the specified time, or refuses or omits to plead, require the Presenting
Officer if any, to produce the evidence by which he proposes to prove
the articles of charge and shall adjourn the case to a later date not
exceeding 30 days, after recording an order that the Railway servant
may for the purpose of preparing his defence, give a notice within 10
days of the order or within such further time not exceeding 10 days as
the inquiring authority may allow for the discovery or production of any
documents which are in possession of Railway Administration but not
mentioned in the list referred to in sub-rule (6).
 The Railway servant may represent his case with the assistance of any
other Railway servant (including a Railway servant on leave preparatory
to retirement) working under the same Railway Administration, subject
to whose jurisdiction and control he is working. He cannot engage a
legal practitioner for the purpose, unless the Presenting Officer
appointed by the disciplinary authority is a legal practitioner or the
disciplinary authority having regard to the circumstances of the case, so
permits.
 Non-gazetted Railway servant may take the assistance of an official of a
Railway Trade Union, recognized by the Railway Administration under which
the Railway servant is employed.
 Nomination of an assisting railway servant or an official of a recognized
Railway Trade Union, who is a full time union worker, shall be made within
twenty days from the date of appointment of the inquiring authority.
Provided that an official of a recognized Railway trade Union may assist in
more than three pending disciplinary cases.
PROCEDURE FOR CONDUCTING INQUIRIES
 On the date fixed for the inquiry, the oral and documentary evidence by
which the articles of charge are proposed to be proved, shall be produced by
or on behalf of the disciplinary authority. The articles of charges and the
statement of imputations of misconduct or misbehavior against the Railway
servant shall be read out to him or alternatively communicated to him in a
statement under the signature of the Inquiry Officer
 The witnesses official side shall be examined first by the, if any, and may be
cross-examined by or on behalf of the Railway servant. The witness shall be
warned to speak the truth at the enquiry and if it is subsequently ascertained
that any one of them has given false evidence he shall render himself liable
to disciplinary action. The Inquiring Authority, shall be entitled to re-
examine the witnesses on any points on which they have been cross-
examined, but not on any new matter without the leave of the inquiring
authority.

 If it shall appear necessary, the inquiring authority may, in its discretion,
may call for new evidence or recall or re-examine any witness but in such
the Railway servant shall be entitled to have, if he deems it necessary a
copy of the list of further evidence proposed to be produced, an
adjournment of the enquiry of 03 clear days before production of such
new evidence, exclusive of the day of adjournment and the day on which
the enquiry has been adjourned.
 New evidence shall not be permitted or called for or any witness shall be
recalled to fill up any gap in the evidence. Such evidence shall be called
for only when there is an inherent lacuna or defect in the evidence which
has been originally produced. Thereafter, the Railway servant shall be
examined.
 The I.O. may also allow the Railway servant to produce new evidence if
any, if it is of the opinion that the production of such evidence is
necessary in the interest of justice.
 When the case for disciplinary authority is closed, the Railway servant
shall be required to state his defence orally, or in writing, if the defence
is made orally it shall be recorded and the Railway servant shall be
required to sign the record.
 The evidence on behalf of the Railway servant shall then be produced.
The Railway servant may examine himself in his own behalf, if he so
prefers. The witnesses produced by the Railway servant shall then be
examined by or on behalf of him and shall be cross-examined by the
Inquiry Officer.
 The inquiring authority may, after the Railway servant closes his case,
and shall, if the Railway servant has not examined himself, generally
question him on the circumstances appearing against him in the
evidence for the purpose of enabling the Railway servant to explain any
circumstances appearing in the evidence against him.

 After the conclusion of the inquiry, a report shall be prepared and it

shall contain -
(a) the articles of charge and the statement of imputations of misconduct
or misbehaviour;
(b) the defence of the Railway servant in respect of each article of
charge;
(c) an assessment of the evidence in respect of each article of charge;
and
(d) the findings on each article of charge and the reasons therefore.

 If the Railway servant, to whom a copy of the articles of charge has been
delivered, does not submit the written statement of defence on or before
the date specified for the purpose or does not appear in person before
the inquiring authority or otherwise fails or refuses to comply with the
provisions of this rule, the inquiring authority may hold the inquiry ex
parte.
 If the I.O. ceases to exercise his jurisdiction in the
enquiry case due to his transfer or retirement,
another officer may be appointed to continue the
enquiry and finalize the case.
 If in the opinion of the enquiry authority the
proceedings of the enquiry establishes may articles
of charges different from the original articles of
charges, it may record its findings on such articles
of charges.
 Provided that the findings on such articles of charge
shall not be recorded unless the Railway servant has
either admitted the facts on which such articles of
charges is based or has had a reasonable
opportunity of defending himself against such
articles of charges.
 After completion of the inquiry duly fulfilling the
natural justice, the IO shall forward the entire D&A
file together with all recorded documents during
inquiry and copies of inquiry report to the DA.
 If the Disciplinary Authority is of the opinion that further
examination of any of the witnesses is necessary in the interest
of justice, he may recall the witness to examine, cross-
examine him.
 The copy of the report of I.O., is to be furnished to the charged
Railway Servant stating that D.A. will take suitable decision
after considering the report and he may make a representation
or submit in writing within 15 days of receipt such letter.
 In case the D.A. disagrees with the findings of I.O., it would
not be necessary for D.A. to come to any tentative conclusion
about its findings before forwarding it a copy of enquiry
report.
 After giving opportunity of representation to the Railway
employee within 15 days against the findings of I.O., the
reasons for disagreement with the findings of I.O., can be
communicated in the final order of punishment in such cases.
Railway servant can appropriately challenge the punishment
conclusion of D.A. through an appeal.
 After perusal of representation, the Disciplinary Authority
may impose such penalty as it is within his competence.
 Where such authority is of the opinion that the penalty
warranted is such as is not within his competence, he may
forward the records to the appropriate disciplinary
authority.
 If the disciplinary authority is competent to impose the
penalty decided upon he may straightaway issue a
punishment notice on the employee. If the disciplinary
authority having regard to its findings on all or any of the
articles of charge, is of the opinion that any of the
penalties specified in clauses (i) to (iv) of rule 6 should be
imposed on the railway servant, it shall, notwithstanding
anything contained in rule 11, make an order imposing
such penalty.
 The final punishment notice should only signed by the
authority who has taken the decision in respect of
imposing the punishment.
 Orders made by the disciplinary authority which would
also contain its findings on each article of charge, shall
be communicated to the Railway Servant who shall also be
supplied with a copy of the advice, if any, given by the
Commission and, where the disciplinary authority has not
accepted the advice of the Commission, a brief statement
of the reasons for such non-acceptance’
 The final punishment notice should only signed by the
authority who has taken the decision in respect of
imposing the punishment.
 (i) Where any penalty is imposed on a Railway servant on the
ground of conduct which has led to his conviction on a criminal
charge; or
 (ii) 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; or
 (iii) Where the President is satisfied that in the interest of the
security of the State, it is not expedient to hold an inquiry in the
manner provided in these rules;
 The disciplinary authority may consider the circumstances of the
case and make such orders thereon as it deems fit:
 Provided that the Railway servant may be given an opportunity of
making representation on the penalty proposed to be imposed
before any order is made in a case falling under clause (i) above:
 The Railway servant may prefer an appeal to the authority
higher than the authority who imposes the original
penalty within 45 days reckoned from the date of receipt
of the punishment notice.
 The appeals should contain facts and should not be
worded in disrespectful language or unparliamentarily
language.
 The appeal should be signed by the appellant only and
should not be submitted by a Trade Union.
The appellate authority may entertain the appeal after the



expiry of the limit of 45 days if he is satisfied that the
appellant has sufficient cause for not preferring the
appeal in time.
 At the appellate stage where the Railway servant is
punished with dismissal, removal, compulsory,
retirement, reduction or with-holding of increment, the
appellant may be accompanied by his assisting employee
who may have the opportunity of perusing the records
once again.
 Both the assisting employee and the railway servant are
entitled to T.A. when seeking personal hearing at the
appellate stage.
 (1) Where the penalty of dismissal, removal, compulsory
retirement, reduction or withholding of increment has been
imposed, the appellate authority may, at its discretion and if
it considers it necessary, give the non-gazetted Railway
servant a personal hearing before disposing of the appeal. At
this personal hearing, the Railway servant may be
accompanied, if he so chooses, by another Railway servant
employed on the same Railway Administration, Office of the
Railway Board, its attached office or subordinate office, as the
case may be, in which the appellant was or is working or an
official (who is not a legal practitioner) of a Railway Trade
Union recognized by the Railway Administration on which the
appellant was or is employed.
 (2) A Group 'C' Railway servant who has been dismissed,
removed or compulsorily retired from service may, after his
appeal to the appropriate appellate authority has been
disposed of, and within 45 days thereafter, apply to the
General Manager for a revision of the penalty imposed on
him. In this application, he may, if he so chooses, request
the General Manager to refer the case to the Railway Rates
Tribunal for advice before he disposes of the revision
petition. On receipt of such a request, the General Manager
shall refer the case to the Chairman, Railway Rates Tribunal
for advice sending all the relevant papers.
 On receipt of the revision application by the General Manager,
or on receipt of advice from the Railway Rates Tribunal, as the
case may be, the General Manager shall dispose of the
application in accordance with the procedure laid down in
Rule 25 and pass such orders as he may think fit
 The President, Estt.Srl.No.298/86 the Railway Board or the G.M. of a Zonal
Railway or an authority of that status in any other Railway or unit of
Administration and an authority not below the rank of a Dy.HOD are
delegated with powers to revise any punishment or no punishment imposed
by an authority lower to them.
 Such reversionary power can only be conducted within six months from the
date of the order to be reviewed in case it is proposed to enhance the
penalty and within one year in cases here it is proposed to mitigate the
punishment.
 The review shall not be conducted during the appeal period and if an appeal
has been preferred till the disposal of the appeal. This stipulation of time
limit for enhancement or mitigation shall hot apply when the revision is
conducted by the President of India, Railway Board or the G.M. of a Railway
Administration.
 If an authority who has disposed of the appeal as an appellate authority it
cannot function as a Reversionary Authority and the case therefore should
be at the disposal of the authority next above him.
 If the authority who has disposed of the appeal as an appellate authority is
subsequently promoted to the next higher post he cannot function as a
reversionary authority and as such the review should be conducted by an
authority next above him.
 It should be borne in mind that no successive revisions are permissible and
only one revision can be permitted. In other words if a lower reversionary
authority has exercised his powers the case cannot be revised by next
higher authority.
 As per latest order a time limit of 45 days from the date of issue of
appellate authority’s decision or 90 days where no appeal has been made
and prescribed for seeking revision.
 The President may at any time either on his own motion or
otherwise review any order passed under these rules when any new
material or evidence which could not be produced or was not
available at the time of passing the order under review and which
has the effect of changing the nature of the case has come or has
been brought to his notice:
Provided that no order imposing or enhancing any penalty shall be
made by the President unless the Railway servant concerned has
been given a reasonable opportunity of making a representation
against the penalty proposed or where it is proposed to impose any
of the major penalties specified in Rule 6 or to enhance the minor
penalty imposed by the order sought to be reviewed to any of the
major penalties and if an enquiry under Rule 9 has not already been
held in the case, no such penalty shall be imposed except after
inquiring in the manner laid down in Rule 9, subject to the
provisions of Rule 14 and except after consultation with the
Commission where such consultation is necessary.
 Nothing in these rules shall operate to
deprive a Railway servant from exercising his
right of submitting a petition to the President
in accordance with the instructions contained
in Appendix II to the Indian Railway
Establishment Code, Volume I (Fifth Edition-
1985).
 Authority to Class of Rly. Nature of Penalties Appellate
suspend / Employees over Authority
Impose whom D&A powers
Penalties can be exercised
1 Sr. Supervisor All staff who are 03 Penalties specified in Asstt Officers (Jr.
with GP Rs grades below and clause (i) to (iv) (no such Scale & Gr-B
4200/- & lower than the DA. power can be exercised Gaz).
above where inquiry under sub-
(describe as rule (2) of Rule-11 is
Supv. Inc. by required ) and suspension
the Rly. subject to report to Divinl.
Admn., for Officer or Asstt. Officer
the purpose). Incharge within 24 hours.
2 Asstt Officers All staff with GP of Penalties specified in Sr. Scale officer
(Jr. Scale & upto & including Rs clause (i) to (v) and and Assistant
Gr-B Gaz). 2400/- suspension. Also penalties Officer (Jr. Scale &
specified in clause (vi) on Gr. B (Gaz)
staff with GP of upto & holding Indepdt.
including Rs 1650/- only. Charge)
 Authority to Class of Rly. Nature of Appellate
suspend / Impose Employees over Penalties Authority
Penalties whom D&A
powers can be
exercised
3 Sr. Scale and Asstt. All staff with GP Penalties specified JAG & Sr. Scale
Officer (Jr. Scale & Gr. of upto & in clause (i) to (vi) Officers holding
B (Gaz) holding including Rs and suspension. independent
Independent Charge) 2800/- Charges

4 JAG & Sr. Scale All cases of Non- Penalties specified ADRM(s) in relation
Officers holding Gaz. staff in clause (i) to (vi) to the department
independent and suspension. attached to them or
Charges. DRM(s)

5 ADRM(s) in relation All cases of Non- Penalties specified SAG officers in zonal
to the department Gaz. staff in clause (i) to (vi) Rlys HQ in PB-4 with
attached to them or and suspension. GP RS 10000/-
DRM(s) including PHODs of
the depart. in PB-4
with GP Rs 12000/-.
 Authority to suspend Class of Rly. Nature of Appellate
/ Impose Penalties Employees over Penalties Authority
whom D&A
powers can be
exercised
6 SAG officers in zonal All cases of Non- Penalties specified AGM(s) in relation
Rlys HQ in PB-4 with GP Gaz. staff in clause (i) to (vi) to the depart.,
RS 10000/- including and suspension. attached to them
PHODs of the depart. in or CAO or GM
PB-4 with GP Rs
12000/-
7 AGM(s) in relation to All cases of Non- Penalties specified Rly. Board.
the depart., attached to Gaz. staff in clause (i) to (vi)
them or CAO or GM and suspension.
8 Rly. Board. All cases of Non- Penalties specified President
Gaz. staff in clause (i) to (vi)
and suspension.

 An appointing authority or an authority equivalent or higher rank is competent to

impose penalties specified in clause (vii) to (ix) of Rule-6.
 Where the post of appellate authority as shown above is vacant, then, in that case, the
next higher authority shown in the row just below shall be the appellate authority.
 The procedure for inflicting any of these penalties on a Rly.
Servant is same. These penalties carry with them different
disadvantages in getting retirement benefits. Both the
penalties cause forfeiture of past service, for which no
pensionary benefits are admissible to the Rly. Employee who
removed or dismissed. A compassionate allowance which
shall not exceed 2/3rd of the pensionary benefits may
however be granted at discretion of the DA. Under P.F. rules,
special contribution to P.F. will not be credited to the
removal, the same may be granted with the sanction of the
President for Gaz staff and Competent Officer/GM for Non-
Gaz staff.
 Post retirement passes under normal rules are admissible to
an employee removed from service but are not admissible in
dismissal case.