Disciplinary & Appeal Rules (DAR) – Mock Test – Railway Service 1968

In the railway, a notice of final penalty (NIP) must be signed by the Disciplinary Authority who passed the order imposing the penalty. To avoid legal issues, the Disciplinary Authority must sign the order personally, and no lower authority can sign it on their behalf.

14(ii) of the Railway Servants (D&A) Rules, 1968, allow a disciplinary authority to impose a penalty without a full inquiry in specific circumstances.

it’s generally 45 days from the date of the appellate order, as per Railway Services rules (RBE 12/85, 235/86)

SF-7 is issued in the context of the Indian railway disciplinary proceedings to appoint an Inquiry Officer (IO) to conduct a disciplinary inquiry against a railway servant. It is a formal order, signed by the Disciplinary Authority, in accordance with Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968.

SF-2 DEEMED SUSPENSION (THE STAFF IS DEEMED TO HAVE BEEN UNDER SUSPENSION IF HE IS DETAINED IN POLICE CUSTODY FOR MORE THAN 48 HOURS).

For Indian Railway servants, dismissal or removal generally leads to forfeiture of normal pension and gratuity, but the competent authority can grant a Compassionate Allowance (up to 2/3rd of what would have been admissible) in deserving cases, as per Rule 65 of the Railway Services (Pension) Rules, 1993

Compassionate allowance for a removed employee may be granted under Rule 65 of the Pension Rules, 1993. This rule allows the authority that dismissed or removed the employee to sanction a compassionate allowance, not exceeding two-thirds of the pension or gratuity that would have been admissible, if the case is deserving of special consideration.

The authority to cut pension benefits lies primarily with The President of India, often acting through ministries like the Ministry of Personnel/Finance (DOPPW/CGA/CPAO), especially for Central Government employees

In Indian Railways, Rule 9 of the Railway Servants (Discipline & Appeal) Rules, 1968 (DAR), deals with the detailed procedure for imposing major penalties, primarily through an oral inquiry, ensuring due process for charges like dismissal, removal, or compulsory retirement, by outlining steps for investigation, defense submission, inquiry conduct by an inquiry officer/board, and consideration of findings before a final order.

Rule 402: This rule addresses the re-employment of individuals who have been dismissed, removed, or compulsorily retired from government service or convicted of a criminal offense. Such re-employment requires the sanction of the President, or the General Manager for Group C or Group D posts.

If a railway employee is suspended and only a minor penalty is imposed, the period of suspension is to be treated as duty, and the employee is entitled to full pay and allowances.

Subsistence allowance: During the suspension period, the employee receives a subsistence allowance, which is a portion of their salary. However, once the minor penalty is imposed, this is adjusted to reflect the full pay for the period.

The appellate authority in the Railway Servants (Discipline & Appeal) Rules, 1968, can act as a revising authority (or the President can review suo moto) under Rule 25 and its associated provisions (like a Railway Board letter from 1985), allowing them to examine cases where no appeal was filed within the time limit, essentially treating it like an appeal for review if the application is otherwise in order and in the interest of justice, often involving a review of the original order.

For Indian Railway staff under a DOM/Sr.DOM’s control, the DOM/Sr.DOM themselves are the primary Disciplinary Authority, regardless of whether the misconduct involves commercial or safety rules.

Removal or dismissal can be ordered directly without a full Rule 9 inquiry if it’s not practical, but this power is exercised under specific exceptions, mainly under Rule 14 of the Railway Servants (D&A) Rules, 1968, for reasons like national security, impracticality, or when the employee admits guilt, requiring approval and adherence to due process like Rule 10 provisions for conciseness.

No, an employee under suspension is generally not eligible for sick leave.

In terms of Rule 25(1)(iv) of the Railway Servants (Discipline & Appeal) Rules, 1968, when no appeal has been preferred, the authority that can exercise revisionary power is the appellate authority not below the rank of a Divisional Railway Manager (DRM).

In the railway, a review of suspension cases is done before the expiry of 90 days from the effective date of suspension. If the suspension is extended, subsequent reviews are required before the expiry of each extended period, with each extension not exceeding 180 days at a time.