Indian Railway Codes and Manuals-Establishment code- Vol-I-Chapter-3 (III)
Chapter 3
Termination of Service
301. Termination of service
and period of notice—(1) Temporary
railway servants.—When a person without a lien on a permanent
post under Government is appointed to hold a temporary post or to officiate in
a permanent post, he is entitled to no notice of the termination of his service
if such termination is due to the expiry of the sanction to the post
which he holds or the expiry of the officiating vacancy, or to his compulsory
retirement due to mental or physical incapacity or to his removal or dismissal
as a disciplinary measure after compliance with the provisions of Clause (2) of
Article 311 of the Constitution of India. If the termination of his
service is due to some other cause, he shall be entitled to one month’s notice
provided he was engaged on a contract for a definite period and the contract
does not provide for any other period of notice; and to a notice of 14 days if
he was not engaged on a contract. Temporary railway servants with over
three years continuous service, shall, however, be entitled to a month’s
notice. The periods of notice specified above shall apply on either side, and steps
should be taken to bring this condition to the notice of the railway servants
concerned.
Note.—(1) Show cause notice is necessary for
the termination of the service of permanent railway servants.
(2) Apprentices.—Except as otherwise provided in his service
agreement, the service of an apprentice shall be liable to termination on one
week’s notice.
(1) Certain
other railway servants.—The services of certain other railway servants
specified below shall be liable to termination on notice on either side for the
periods shown against each. Such notice is not, however, required in
cases of dismissal or removal as a disciplinary measure after compliance with
the provisions of clause (2) of Article 311 of the Constitution and
compulsory retirement due to mental or physical incapacity.
(a) Probationary officers and Group A & Group B |
3 month’s notice |
(b) Gazetted railway servants on probation in the
Medical department. |
1 month’s
notice |
(c ) Group C and Group D railway servants on
probation |
1 month’s notic |
(4) The service of any
of the railway servants mentioned in clauses (1), (2) and (3) who is
entitled to a notice of stipulated period may be terminated forthwith and on
such termination the railway servant shall be entitled to claim a sum
equivalent to the amount of his pay plus allowances for the stipulated period
of notice at the same rates at which he was drawing them immediately
before the termination of his service, or, as the case may be, for the period
by which such notice falls short of the stipulated period of
notice.
Note.(i)—The appointing authorities are empowered to
reduce or waive, at their discretion the stipulated period of notice to be
given by a railway servant but the reason justifying their action should be
recorded. This power cannot be re-delegated.
(ii)
However , in respect of Group ‘A’ probationers of railway services undergoing
probationary training at the Centralized Training Institutes, this power may be
exercised by the heads of Centralized Training Institutes where their
probationary training has been centralized.
(Authority: Railway Board’s letter No. E(Trg.)2004(13)/2 dated
08.12.2004)
(5) The notice of
termination of service or order of forthwith termination of service as the case
may be, under this rule should be given by an authority not lower than the
appointing authority.
(6) Notwithstanding
anything contained in clauses (1), (2) and (4) of this rule, if the Railway
servant or Apprentice is one to whom the provisions of the Industrial Disputes
Act 1947, apply, he shall be entitled to notice or wage in lieu thereof in
accordance with the provisions of that Act.
Note.—No
notice of termination will be necessary in a case where temporary railway
servant is deemed to have resigned his appointment and ceased to be in
employment if such a person remained absent on extraordinary leave beyond a
limit of 5 years for whom no show cause notice is required as in the case of
permanent railway servants.
302. Resignation.—(1) In no circumstances shall the resignation of
a railway servant whose conduct is under investigation be accepted without the
sanction of the authority competent to dismiss him. In cases in which a
railway servant has committed an offence for which the penalty is dismissal or
removal from service, no suggestion should be made to him to tender his
resignation.
(2) Subject to the provision of Sub-rule (I) the
resignations of Group A & B railway servants, other than those holding
administrative posts, serving on railways may be accepted by the
General Manager. The resignation submitted by Group ‘A' probationers of different services undergoing
probationary training in various Centralized Training Institutes to
join I.A.S., I.F.S. etc. may be accepted by the Heads of Centralized Training Institutes where their probationary
training has been centralized.
The acceptance of resignation of all other Group A railway servants shall
require the sanction of the President. All such resignations of Group A
& Group B railway servants on
Indian Railways/Production Units shall be reported to the Railway
Ministry.
(Railway Ministry’s letters No. E(Trg.)2004(13)/2
dated 08-12-04and 20.09.10)-acs no.93 acs no.113
Railway Ministry’s
decision.—When a Railway servant
working on an important post resigns and it would take time to make alternative
arrangements for filling the post, the resignation should not be accepted
immediately, but only when alternative arrangements for filling the post have
been made.
(Railway Ministry’s
letters No. E(NG)64RE1/36 dated 26-10-66 and E(NG)65AG1/2 dated 30-6-66.)
(3) Subject to the
provisions of Sub-rule (1), the resignation of a Group C & D Railway
servant may be accepted by the authority competent to fill the post held by him
at the time of resignation.
303. Discharge on reduction of establishment.—(1) No railway servant may be discharged
on reduction of establishment except under the orders of the authority
competent to abolish the permanent post held substantively by him or of the
authority which appointed him to that post, whichever is the higher
authority.
(2) Subject to any
general orders issued by the President the selection of pensionable
railway servants to be discharged upon reduction of establishment shall
be so made as to involve the least charge on account of compensation
pension.
304. Termination of service on account of
inefficiency due to failure to conform to the requisite standard of
physical fitness.—(1)
A Railway servant who fails in a vision test or otherwise by virtue of
disability acquired during service and becomes physically incapable of
performing the duties of the post which he occupies should not be dispensed
with or reduced in rank, but should be shifted to some other post with the same
pay scale and service benefits.
(2) A Railway servant
falling in Clause (1) above ceases to perform the duties of the post he is
holding from the date he is declared medically unfit for the present
post. If such a Railway servant cannot be immediately adjusted against or
absorbed in any suitable alternative post he may be kept on a special
supernumerary post in the grade in which the concerned employee was
working on regular basis before being declared medically unfit, pending
location of suitable alternative employment for him with the same pay
scale and service benefits; efforts to locate suitable alternative employment
starting immediately.
(Authority : Section
47(1) of the Persons with Disabilities (Equal Opportunities, Protection of
rights and Full Participation) Act, 1995 and Ministry of Railways letter No.
E(NG)I/96/RE3/9 dt.29-4-99)
Note.—The term ‘former
emoluments’ in the case of running staff will include 40% of pay in the revised
scales of pay.
Railway Ministry’s
decisions.—(1) Where a temporary
employee has become medically unfit for the post held by him on account of
circumstances arising out of and in the course of his employment, the employee
should be granted leave due plus extraordinary leave so as to make a total
period of 6 months within which alternative employment must be
found.
(2) Where a temporary
employee has become medically unfit for the post held by him on account of
circumstances which did not arise out of and in the course of his employment,
the benefit under this rule will not be admissible. It has, however, been
decided that while it is strictly not obligatory to find alternative employment
for such an employee, every effort should nonetheless be made to find
alternative employment. The employee concerned should be granted such
leave as is due to him plus extraordinary leave not exceeding 3 months, the
total not exceeding 6 months. If no alternative employment can be found
in this period, the employee should be discharged from service.
(3) The above rule is
applicabgle only to permanent staff and if alternative appointment is found for
temporary staff it should be regarded as a purely ex-gratia measure.
(4) The Medically
de-categorised Railway employee waiting for absorption in alternative post may
be allowed to commute the period of LHAP on production of medical certificate,
subject to certification that the employee is not fit to hold the post from
which he proceeded on leave. The commutation will, however, be admissible
only up to the stage that an alternative post is offered to him by the
administration.
Multiple choice questions:
1. Which of the following situations
does NOT entitle a temporary railway servant to any notice of service
termination?
A) Expiry of the sanction to the
post
B) Expiry of the officiating vacancy
C) Compulsory retirement due to mental or physical incapacity
D) Voluntary resignation by the employee
Answer: D) Voluntary resignation by the employee
2. How much notice is required for
terminating the service of a temporary railway servant with over three years of
continuous service?
A) 7 days
B) 14 days
C) 1 month
D) 3 months
Answer: C) 1 month
3. What is the notice period
required for terminating the service of a Group A probationary officer?
A) 1 week
B) 1 month
C) 2 months
D) 3 months
Answer: D) 3 months
4. Under what condition can the
stipulated period of notice be reduced or waived for a railway servant?
A) If the railway servant requests
it
B) If the appointing authority deems it necessary
C) If the railway servant is being promoted
D) If the railway servant is transferring to another department
Answer: B) If the appointing authority deems it necessary
5. Which authority is required to
give notice of termination or order forthwith termination of service under the
rules?
A) The immediate supervisor
B) The appointing authority
C) The General Manager
D) The President of India
Answer: B) The appointing authority
6. If a temporary railway servant
remains absent on extraordinary leave beyond a limit of 5 years, what is the
consequence?
A) He is required to tender
resignation
B) He is deemed to have resigned and ceased to be in employment
C) He is transferred to another post
D) He is entitled to a show cause notice
Answer: B) He is deemed to have resigned and ceased to be in
employment
7. Whose approval is required to
accept the resignation of a railway servant whose conduct is under
investigation?
A) The General Manager
B) The appointing authority
C) The authority competent to dismiss him
D) The President of India
Answer: C) The authority competent to dismiss him
8. What should be done when a
railway servant working on an important post resigns, and it would take time to
make alternative arrangements?
A) Accept the resignation
immediately
B) Reject the resignation
C) Accept the resignation after alternative arrangements are made
D) Transfer the railway servant to a less important post
Answer: C) Accept the resignation after alternative arrangements
are made
9. In the event of a reduction of
establishment, who has the authority to discharge a railway servant?
A) The General Manager
B) The appointing authority
C) The authority competent to abolish the post
D) The President of India
Answer: C) The authority competent to abolish the post
10. What should be done if a railway
servant becomes medically unfit for the post he holds?
A) He should be immediately
dismissed
B) He should be transferred to a post with the same pay scale and benefits
C) He should be placed on unpaid leave indefinitely
D) He should be demoted to a lower post
Answer: B) He should be transferred to a post with the same pay
scale and benefits
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