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
      railway servants on Probation

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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