Indian Railway Codes and Manuals-THE RAILWAY SERVANTS (DISCIPLINE & APPEAL) RULES, 1968 (D&AR)
THE RAILWAY SERVANTS (DISCIPLINE & APPEAL) RULES, 1968
PART – I
GENERAL
2.
Definitions - (1) In these rules, unless the context otherwise requires - (a)
'appointing authority' in relation to a Railway servant means - (i) the
authority empowered to make appointments to the Service of which the Railway
servant is, for the time being, a member or to the grade of the Service in
which the Railway servant is, for the time being, included, or (ii) the
authority empowered to make appointments to the post which the Railway servant,
for the time being holds, or (iii) the authority which appointed the Railway
servant to such Service, grade or post, as the case may be, or (iv) where the
Railway servant having been a permanent member of any other Service or having substantively
held any other permanent post, has been in continuous employment under the
Ministry of Railways, the authority which appointed him to that Service or to
any grade in that Service or to that post; whichever authority is the highest
authority. 3 (b) 'Commission' means the Union Public Service Commission, (c)
'disciplinary authority' means - (i) in relation to the imposition of a penalty
on a Railway servant, the authority competent, under these rules, to impose on
him that penalty; (ii) in relation to Rule 9 and clauses (a) and (b) of
sub-rule (1) of Rule 11 in the case of any gazetted Railway servant, an
authority competent to impose any of the penalties specified in Rule 6; (iii)
in relation to Rule 9 in the case of any non-gazetted Railway servant, an
authority competent to impose any of the major penalties specified in Rule 6;
(iv) in relation to clauses (a) and (b) of sub-rule (1) of Rule 11, in the case
of a non-gazetted Railway servant, an authority competent to impose any of the
penalties specified in Rule 6. (d) 'head of the department' for the purpose of
exercising the powers as appointing, disciplinary, appellate or revising
authority, means the authority declared to be head of the department in terms
of clause (21) of Rule 103 of Volume I of the Indian Railway Establishment Code
(Fifth Edition-1985); (e) 'Railway servant' means a Railway servant as defined
in clause 43 of Rule 103 of Volume I of the Indian Railway Establishment Code
(Fifth Edition-1985) and includes any such Railway servant on foreign service
or whose services are temporarily placed at the disposal of any other
department of the Central Government or a State Government or a local or other
authority; (f) 'Service' means a service under the Ministry of Railways; (g)
'Schedule' means a schedule appended to these rules. (2) All other words and
expressions used but not defined in these rules and defined in the Indian
Railways Act, 1890 (9 of 1890) shall have the meanings respectively assigned to
them under that Act. 3. Application - (1) These rules shall apply to every
Railway servant but shall not apply to - (a) any member of the All India
Services; (b) any member of the Railway Protection Force as defined in the
Railway Protection Force Act, 1957 (23 of 1957); (c) any person in casual
employment; and (d) any person for whom special provision is made, in respect
of matters covered by these rules by or under any law for the time being in
force or by or under any agreement entered into by or with the previous
approval of the President before or after the commencement of these rules, in
regard to matters covered by such special provisions. (2) Notwithstanding
anything contained in sub-rule (1), the President may, by order, exclude any
class of Railway servants from the operation of all or any of these rules.
Multiple choice questions:
- How should orders, notices, and other processes issued
under these rules be served to the Railway servant concerned?
a) By email
b) Through a public notice
c) In person or by registered post
d) By phone call
Answer: c) In person or by registered post - Who among the following is competent to sign on behalf
of the Railway Board or President for any notice, process, or order made
under these rules?
a) Chief Engineer
b) Secretary, Railway Board
c) Chief Operating Manager
d) Chief Administrative Officer
Answer: b) Secretary, Railway Board - Under what circumstances can the authority competent
under these rules extend the time limit or condone a delay?
a) For any reason whatsoever
b) Only with the approval of the Railway Minister
c) For good and sufficient reasons or if sufficient cause is shown
d) If requested by the Railway servant's superior
Answer: c) For good and sufficient reasons or if sufficient cause is shown - When the Commission's advice is sought as per these
rules, what must be provided to the Railway servant along with the order
passed in the case?
a) A copy of the entire rulebook
b) A copy of the Commission’s advice and reasons for non-acceptance, if applicable
c) Only the final decision
d) A summary of the proceedings
Answer: b) A copy of the Commission’s advice and reasons for non-acceptance, if applicable - Which of the following is NOT true regarding the repeal
of the Discipline and Appeal Rules for Railway servants effective from
August 1, 1961?
a) The repeal does not affect the previous operation of the rules.
b) Pending proceedings under the old rules will continue under the new rules.
c) All appeals pending at the commencement of these rules will be dismissed.
d) The repeal does not reduce the period of limitation for any appeal, revision, or review.
Answer: c) All appeals pending at the commencement of these rules will be dismissed. - If a doubt arises regarding the interpretation of any
of the provisions of these rules, to whom should the matter be referred?
a) The Railway Minister
b) The Supreme Court
c) The President through the Railway Board
d) The Parliament
Answer: c) The President through the Railway Board - What right is preserved for Railway servants under Rule
31, despite the implementation of these rules?
a) The right to appeal to the Railway Minister
b) The right to submit petitions to the President
c) The right to remain silent during proceedings
d) The right to challenge orders in civil court
Answer: b) The right to submit petitions to the President - Which of the following is correct regarding appeals
pending at the commencement of these rules?
a) They will be dismissed immediately.
b) They will be considered and orders made as per the previous rules.
c) They will be considered and orders made as per these rules.
d) They will be automatically approved.
Answer: c) They will be considered and orders made as per these rules. - According to the rules, what happens to the period of
limitation for appeals or reviews provided by rules in force before the
commencement of these new rules?
a) It is extended by one year.
b) It is reduced to half.
c) It remains unaffected.
d) It is automatically reset.
Answer: c) It remains unaffected. - What is the primary purpose of Rule 30 in the context
of these rules?
a) To provide guidelines for amendments
b) To handle doubts regarding rule interpretation
c) To ensure compliance with legal standards
d) To outline the process for lodging complaints
Answer: b) To handle doubts regarding rule interpretation
PART – II
SUSPENSION 4.
Authorities
competent to place a Railway servant under suspension - The classes of Railway
servants who may be placed under suspension and the authorities by whom they
may be so placed, shall be as specified in Schedules I, II and III: Provided
that, in exceptional circumstances, any authority specified in any of the
Schedules may place any subordinate Railway servant specified therein, under
suspension: Provided further that where any action is taken under the foregoing
proviso, the authority concerned shall forthwith report to the authority
competent to place such Railway servant under suspension, the circumstances in
which the order was made and obtain his approval. Explanation - For the
purposes of this rule, in respect of a Railway servant officiating in a higher
post, the competent authority shall be determined with reference to the
officiating post held by such Railway servant at the time of taking action. 5.
Suspension - (1) A Railway servant may be placed under suspension - (a) where a
disciplinary proceeding against him is contemplated or is pending; or (b)
where, in the opinion of the authority competent to place a Railway servant
under suspension, he has engaged himself in 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. (2)
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 a 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.
Explanation - The period of forty-eight hours referred to in clause (b) of this
sub-rule, shall be computed from the commencement of the imprisonment after the
conviction and for this purpose, intermittent periods of imprisonment, if any,
shall be taken into account. (3) Where a penalty of dismissal, removal or
compulsory retirement from service imposed upon a Railway servant under
suspension, is set aside in appeal or on revision under these rules and the
case is remitted for further inquiry or action or with any other directions,
the order of his suspension shall be deemed to have continued in force on and
from the date of the original order of dismissal, removal or compulsory
retirement and shall remain in force until further orders. 5 (4) Where a
penalty of dismissal, removal or compulsory retirement from service imposed
upon a Railway servant, is set aside or declared or rendered void in
consequence of or by a decision of a court of law and the disciplinary
authority on consideration of the circumstances of the case, decides to hold a
further inquiry against him on the allegations on which the penalty of
dismissal, removal or compulsory retirement, was originally imposed, the
Railway servant shall be deemed to have been placed under suspension by the
competent authority from the date of the original order of dismissal, removal
or compulsory retirement and shall continue to remain under suspension until
further orders: Provided that no such further inquiry shall be ordered unless
it is intended to meet a situation where the court has passed an order purely
on technical grounds without going into the merits of the case. (5) (a) An
order of suspension made or deemed to have been made under this rule, shall
continue to remain in force until it is modified or revoked by the authority
competent to do so. (b) Where a Railway servant is suspended or is deemed to
have been suspended (whether in connection with any disciplinary proceeding or
otherwise) and any other disciplinary proceeding is commenced against him
during the continuance of that suspension, the authority competent to place him
under suspension may, for reasons to be recorded by him in writing, direct that
the Railway servant shall continue to be under suspension until the termination
of all or any of such proceedings. (c) An order of suspension made or deemed to
have been made under this rule, may, at any time, be modified or revoked by the
authority which made or is deemed to have made the order or by any authority to
which that authority is subordinate. (6) Notwithstanding anything contained in
sub-rule 5, an order of suspension made or deemed to have been made under sub-rule
(1) or sub-rule (2) of this rule shall not be valid after a period of ninety
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 ninety days. (7) The review
of an order of suspension shall be done by the authority which is competent to
modify or revoke the suspension, on the recommendation of the review committee
constituted for the purpose, and such competent authority shall pass orders
either extending or revoking the suspension before expiry of ninety days from
the date of order of suspension. Subsequent reviews shall be made before expiry
of the extended period of suspension. Extension of suspension shall not be for
a period exceeding one hundred and eighty days at a time.
Multiple choice questions:
1.Which of the following
authorities is competent to place a Railway servant under suspension?
a) Only the Railway Minister
b) Only the President of India
c) Authorities specified in Schedules I, II, and III
d) Any authority at the Railway Board
Answer: c)
Authorities specified in Schedules I, II, and III
2.In exceptional
circumstances, who may place a subordinate Railway servant under suspension?
a) Only the Railway Minister
b) Any authority specified in the Schedules
c) The Railway servant’s direct superior
d) The President of India
Answer: b) Any
authority specified in the Schedules
3.What must an authority do
if it places a Railway servant under suspension in exceptional circumstances?
a) Inform the Railway servant's family
b) Report to the authority competent to suspend and obtain approval
c) Issue a public notice
d) File a case in court
Answer: b)
Report to the authority competent to suspend and obtain approval
4.Who determines the
competent authority for suspension if a Railway servant is officiating in a
higher post?
a) The authority of the higher post
b) The authority of the original post
c) The Railway Minister
d) The President
Answer: a) The
authority of the higher post
5.A Railway servant may be
placed under suspension if a disciplinary proceeding is: a)
Completed
b) Contemplated or pending
c) Approved by the Railway Minister
d) Rejected by the disciplinary authority
Answer: b)
Contemplated or pending
6.Under what circumstances
is a Railway servant deemed to be placed under suspension?
a) When the Railway servant requests it
b) If detained in custody for over forty-eight hours
c) If found guilty of a minor offense
d) Only when convicted for a crime
Answer: b) If
detained in custody for over forty-eight hours
7.When does a Railway
servant's suspension take effect if they are convicted and sentenced to
imprisonment?
a) Immediately after the charge is filed
b) From the date of the court's verdict
c) From the date of imprisonment commencement, if exceeding forty-eight hours
d) After the appeal process is complete
Answer: c) From
the date of imprisonment commencement, if exceeding forty-eight hours
8.What happens to the
suspension of a Railway servant if the penalty of dismissal, removal, or
compulsory retirement is set aside in an appeal?
a) The suspension is revoked immediately
b) The suspension continues from the date of the original order
c) The Railway servant is reinstated with full benefits
d) A new suspension order must be issued
Answer: b) The
suspension continues from the date of the original order
9.If a court of law renders
a penalty of dismissal void, under what condition can the Railway servant be
placed under suspension again?
a) Only if the Railway servant requests a further inquiry
b) If a further inquiry is ordered to meet a technical court decision
c) Automatically upon court decision
d) If the original penalty was based on the merits of the case
Answer: b) If a
further inquiry is ordered to meet a technical court decision
10.An order of suspension
shall not be valid after how many days unless extended after review?
a) 30 days
b) 60 days
c) 90 days
d) 120 days
Answer: c) 90
days
11.Who is responsible for
reviewing an order of suspension and potentially extending it?
a) The Railway Minister
b) The President of India
c) The competent authority based on the review committee's recommendation
d) The Railway servant’s superior
Answer: c) The
competent authority based on the review committee's recommendation
12.For how long can a
suspension be extended after the initial 90 days?
a) 60 days
b) 90 days
c) 120 days
d) 180 days
Answer: d) 180
days.
PART - III
PENALTIES AND DISCIPLINARY AUTHORITIES
6.
Penalties : The following penalties may, for good and sufficient reasons and as
hereinafter provided, be imposed on a Railway servant, namely:- Minor Penalties
- (i) Censure; (ii) Withholding of his promotion for a specified period; 6
(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 the Privilege Passes or Privilege Ticket Orders
or both; (iii-b) Reduction to a lower stage in the time scale of pay by one
stage for a period not exceeding three years, without cumulative effect and not
adversely affecting his pension; (iv) Withholding of increments 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 the future
increments of his pay; Major Penalties - (v) Save as provided for in clause
(iii-b) reduction to a lower stage in the time-scale of pay for a specified
period, with further directions as to whether on the expiry of such 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 that grade, post or service; (vii)
Compulsory retirement; (viii) Removal from service which shall not be a
disqualification for future employment under the Government or Railway
Administration; (ix) Dismissal from service which shall ordinarily be a
disqualification for future employment under the Government or Railway
Administration: Provided that 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 therefor 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
therefor shall be recorded in writing. Explanation - The following shall not
amount to a penalty within the meaning of this rule, namely:- (i) withholding
of increments of pay of a Railway servant for failure to pass any departmental
examination in accordance with the rules or orders governing the Service to
which he belongs or post which he holds or the terms of his appointment; (ii)
stoppage of a Railway servant at the efficiency bar in the time-scale of pay on
the ground of his unfitness to cross the bar; (iii) non-promotion of a Railway
servant, whether in a substantive or officiating capacity, after consideration
of his case, to a Service, grade or post for promotion to which he is eligible;
(iv) reversion of a Railway servant officiating in higher Service, grade or
post to a lower Service, grade or post, on the ground that he is considered to
be unsuitable for such higher Service, grade or post, or on any administrative
ground unconnected with his conduct; 7 (v) reversion of a Railway servant,
appointed on probation to any other Service, grade or post, to his permanent
Service, grade or post during or at the end of the period of probation in
accordance with the terms of his appointment or the rules and orders governing
such probation; (vi) replacement of the services of a Railway servant, whose
services had been borrowed from any other Ministry or Department of the Central
Government or a State Government or an authority under the control of the
Central Government or State Government, at the disposal of the Government or
the authority from which the services of such Railway servant had been
borrowed; (vii) compulsory retirement of a Railway servant in accordance with
the provisions relating to his superannuation or retirement; (viii) termination
of the services - (a) of a Railway servant appointed on probation, during or at
the end of the period of his probation, in accordance with the terms of his
appointment or the rules and orders governing such probation, or (b) of a
temporary Railway servant in accordance with rule 301 contained in Volume I of
the Indian Railway Establishment Code (Fifth Edition -1985), or (c) of a
Railway servant employed under an agreement, in accordance with the terms of
such agreement; (ix) discharge of Railway servants - (a) for inefficiency due
to failure to conform to the requisite standard of physical fitness; (b) on
reduction of establishment. 7. Disciplinary Authorities - (1) The President may
impose any of the penalties specified in Rule 6 on any Railway servant. (2)
Without prejudice to the provisions of sub-rule (1), any of the penalties
specified in Rule 6 may be imposed on a Railway servant by the authorities
specified in Schedules I, II and III. (3) 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. 8.
Authority to Institute Proceedings - (1) the President or any other authority
empowered by him, by general or special order, may - (a) institute disciplinary
proceedings against any Railway servant; (b) direct a disciplinary authority to
institute disciplinary proceedings against any Railway servant on whom that
disciplinary authority is competent to impose, under these rules, any of the
penalties specified in Rule 6. (2) A disciplinary authority competent under
these rules to impose any of the penalties specified in clauses (i) to (iv) of
Rule 6 may, subject to the provisions of clause (c) of sub-rule (1) of Rule 2
institute disciplinary proceedings against any Railway servant for the
imposition of any of the penalties specified 8 in clauses (v) to (ix) of Rule
6, notwithstanding that such disciplinary authority is not competent, under
these rules, to impose any of the latter penalties.
Multiple choice questions:
1.Which of the following is a
minor penalty that can be imposed on a Railway servant?
- (a) Dismissal from service
- (b) Compulsory retirement
- (c) Censure
- (d) Reduction to a lower time scale of pay
Answer: (c) Censure
2.Which of the following is NOT
considered a penalty under the rules?
- (a) Withholding of increments of pay for failure to
pass a departmental examination
- (b) Reduction to a lower stage in the time scale of pay
- (c) Compulsory retirement
- (d) Withholding of promotion
Answer: (a) Withholding of increments of pay for failure to pass a
departmental examination
3.Which authority can impose any
of the penalties specified in Rule 6 on any Railway servant?
- (a) The President
- (b) The Railway Board
- (c) The Disciplinary Authority
- (d) The General Manager
Answer: (a) The President
4.In the case of persons found
guilty of acts leading to a collision of Railway trains, which penalties are
ordinarily imposed?
- (a) Reduction to a lower stage in the time scale of pay
- (b) Dismissal from service or removal from service
- (c) Withholding of promotion
- (d) Censure
Answer: (b) Dismissal from service or removal from service
5.Which of the following is
considered a major penalty?
- (a) Censure
- (b) Recovery from pay of pecuniary loss
- (c) Compulsory retirement
- (d) Withholding of increments of pay
Answer: (c) Compulsory retirement
6.What action is required if a
lesser penalty is imposed on a Railway servant found guilty of possessing
assets disproportionate to known sources of income?
- (a) No action is required
- (b) The reasons must be recorded in writing
- (c) A report must be sent to the Railway Board
- (d) The penalty must be reconsidered
Answer: (b) The reasons must be recorded in writing
7.Which of the following
penalties can affect the future increments of pay of a Railway servant?
- (a) Censure
- (b) Recovery from pay of pecuniary loss
- (c) Withholding of increments of pay with directions
regarding future increments
- (d) Reduction to a lower time scale of pay
Answer: (c) Withholding of increments of pay with directions
regarding future increments
8.Who has the authority to
institute disciplinary proceedings against any Railway servant?
- (a) The General Manager
- (b) The Disciplinary Authority
- (c) The President or any other authority empowered by
him
- (d) The Divisional Railway Manager
Answer: (c) The President or any other authority empowered by him
9.Under what condition can a
Railway servant be reverted to a lower service, grade, or post without it being
considered a penalty?
- (a) If the servant is found guilty of misconduct
- (b) If the servant is unsuitable for the higher post
- (c) If the servant requests it
- (d) If the servant fails a departmental examination
Answer: (b) If the servant is unsuitable for the higher post
10.Which penalty does not
disqualify a Railway servant for future employment under the Government or
Railway Administration?
- (a) Dismissal from service
- (b) Compulsory retirement
- (c) Reduction to a lower stage in the time scale of pay
- (d) Removal from service
Answer: (d) Removal from service
PART - IV
PROCEDURE FOR IMPOSING PENALTIES
9.
Procedure for imposing Major Penalties - (1) 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, or in the manner provided by the Public Servants (Inquiries) Act, 1850 (37
of 1850) where such inquiry is held under that Act. (2) Whenever the
disciplinary authority is of the opinion that there are grounds for inquiring
into the truth of any imputation of misconduct or misbehaviour 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.
Provided that were 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. (3) Where a Board of
Inquiry is appointed under sub-rule (2) it shall consist of not less than two
members, each of whom shall be higher in rank than the Railway servant against
whom the inquiry is being held and none of whom shall be subordinate to the
other member or members as the case may be, of such Board. (4) Where the Board
of Inquiry consists of two or more than two members, the senior member shall be
the Presiding Officer. (5) Every decision of the Board of Inquiry shall be
passed by majority of votes, and where there is an equality of votes on the
findings, the finding of each member shall be incorporated in the report
prepared under clause (i) of sub-rule (25). Explanation - Where the
disciplinary authority itself holds the inquiry, any reference in sub-rule (12)
and in sub-rules (14) to (25), to the inquiring authority shall be construed as
a reference to the disciplinary authority. (6) Where it is proposed to hold an
inquiry against a Railway servant under this rule and Rule 10, the disciplinary
authority shall draw up or cause to be drawn up - (i) the substance of the
imputations of misconduct or misbehaviour into definite and distinct articles
of charge; 9 (ii) a statement of the imputations of misconduct or misbehaviour
in support of each article of charge which shall contain - (a) a statement of
all relevant facts including any admission or confession made by the Railway
servant; (b) a list of documents by which, and a list of witnesses by whom, the
articles of charge are proposed to be sustained. (7) The disciplinary authority
shall deliver or cause to be delivered to the Railway servant a copy of the
articles of charge, the statement of the imputations of misconduct or
misbehaviour and a list of documents and witnesses by which each article of
charge is proposed to be sustained and shall require the Railway servant to
submit a written statement of his defence within ten days or such further time
as the disciplinary authority may allow. Note: - If copies of documents have
not been delivered to the Railway servant along with the articles of charge and
if he desires to inspect the same for the preparation of his defence, he may do
so, within 10 days from the date of receipt of the articles of charge by him
and complete inspection within ten days thereafter and shall state whether he
desires to be heard in person. (8) The Railway servant may, for the purpose of
his defence submit with the written statement of his defence, a list of
witnesses to be examined on his behalf. Note: - If the Railway servant applies
in writing for the supply of copies of the statements of witnesses mentioned in
the list referred to in sub-rule (6), the disciplinary authority shall furnish
him with a copy each of such statement as early as possible and in any case not
later than three days before the commencement of the examination of the
witnesses on behalf of the disciplinary authority. (9) (a) (i) On receipt of
the written statement of defence, the disciplinary authority shall consider the
same and decide whether the inquiry should be proceeded with under this rule.
(ii) Where the disciplinary authority decides to proceed with the inquiry it
may itself inquire into such of the articles of charge as are not admitted or
appoint under sub-rule (2) a Board of Inquiry or other authority for the
purpose. (iii) Where all the articles of charge have been admitted by the
Railway servant in his written statement of defence, the disciplinary authority
shall record its findings on each charge, after taking such further evidence as
it may think fit and shall act in the manner laid down in Rule 10. (iv) If the
disciplinary authority, after consideration of the written statement of
defence, is of the opinion that the imposition of a major penalty is not
necessary, it may drop the proceedings already initiated by it for imposition
of major penalty, without prejudice to its right to impose any of the minor
penalties, not attracting the provisions of sub-rule (2) of Rule 11. Where the
disciplinary authority so drops the proceedings but considers it appropriate to
impose any of the minor penalties, not attracting the provisions of sub-rule
(2) of Rule 11, it may make an order imposing such penalty and it will not be
necessary to give the Railway servant any further opportunity of making
representation before the penalty is imposed. 10 (b) If no written statement of
defence is submitted by the Railway servant, the disciplinary authority may
itself inquire into the articles of charge or may, if it considers it necessary
to do so, appoint, under sub-rule (2) an inquiring authority for the purpose
and also inform the Railway servant of such appointment. (c) Where the
disciplinary authority itself inquires into an article of charge or appoints a
Board of Inquiry or any other inquiring authority for holding an inquiry into
such charge, it may, by an order in writing, appoint a railway or any other
Government servant to be known as Presenting Officer to present on its behalf
the case in support of the articles of charge. (10) The disciplinary authority
shall, where it is not the inquiring authority, forward to the inquiring
authority - (i) a copy of the articles of charge and the statement of the
imputations of misconduct or misbehaviour; (ii) a copy of the written statement
of defence, if any, submitted by the Railway servant; (iii) a copy of the
statement of witnesses, if any, referred to in sub-rule (6); (iv) evidence
proving the delivery of the documents referred to in sub-rule (6) to the
Railway servant; (v) a copy of the order appointing the Presenting Officer, if
any; and (vi) a copy of the list of witnesses, if any, furnished by the Railway
servant. (11) The Railway servant shall appear in person before the inquiring
authority on such day and at such time within ten working days from the date of
receipt by the inquiring authority of the order appointing him as such, as the
inquiring authority may, by a notice in writing, specify in this behalf, or
within such further time not exceeding ten days, as the inquiring authority may
allow. (12) 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 thirty days, after recording an order that the Railway servant may
for the purpose of preparing his defence, give a notice within ten days of the
order or within such further time not exceeding ten 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). Note: The Railway servant shall indicate the relevance of
the documents required by him to be discovered or produced by the Railway
Administration. (13)(a) 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. If the
Railway servant is employed in the office of the Railway Board, its attached
office or subordinate office, he may present his case with the assistance of
any other Railway servant (including a Railway servant on leave preparatory to
retirement), employed in the office of the Railway Board, attached office or
subordinate office, as the case may be, in which he is working. (b) The Railway
servant may also present his case with the assistance of a retired Railway
servant, subject to such conditions as may be specified by the President from
time-to-time by general or special order in this behalf. Note: (1) A
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, to present his case before an inquiring authority
but shall not engage a legal practitioner for the above purpose except in the
circumstances brought out in clause (a). An official of a Railway Trade Union
shall not be allowed to appear on behalf of an alleged delinquent railway
official in connection with a disciplinary case pending against that official,
to present his case favourably before an inquiring authority unless he has
worked as such in a recognized Railway Trade Union for a period of at least one
year continuously prior to his appearance before an inquiring authority for the
above purpose and subject to the condition that he takes no fees. Note: (2) (i)
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. (ii) The
nomination shall not be accepted if the person assisting has three pending
disciplinary cases on hand in which he has to assist. Provided that an official
of a recognized Railway trade Union may assist in more than three pending
disciplinary cases. (14) After the nomination of the assisting Railway servant
or the official of a Railway Trade Union and other necessary steps preliminary
to the inquiry are completed, a date, ordinarily not exceeding one month from
the date of appointment of the inquiring authority, shall be fixed for the
inquiry and the Railway servant informed accordingly. (15) The inquiring
authority shall, on receipt of the notice for discovery or production of
documents, forward the same or copies thereof to the authority in whose custody
or possession the documents are kept with a requisition for the production of
the documents by such date as may be specified in such requisition: Provided
that the inquiring authority may, for reasons to be recorded by it in writing,
refuse to requisition such of the documents as are, in its opinion, not
relevant to the case. (16) On receipt of the requisition referred to in
sub-rule (15), every authority having the custody or possession of the requisitioned
documents shall produce the same before the inquiring authority by the
specified time: Provided that if the authority having the custody or possession
of requisitioned documents is satisfied for reasons to be recorded by it in
writing that the production of all or any such documents would be against the
public interest or security of the State, it shall inform the inquiring
authority accordingly and the inquiring authority shall, on being so informed,
communicate the information to the Railway servant and withdraw the requisition
made by it for the production or discovery of such documents. (17) 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 witnesses shall be examined by or on behalf of the
Presenting Officer, if any, and may be cross-examined by or on behalf of the
Railway servant. The Presenting Officer, if any, 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. The
inquiring authority may also put such questions to the witnesses as it thinks
fit. 12 (18) If it shall appear necessary before the close of the case on
behalf of the disciplinary authority, the inquiring authority may, in its
discretion, allow the Presenting Officer, if any, to produce evidence not
included in the list given to the Railway servant or may itself call for new
evidence or recall and reexamine any witness and in such cases the Railway
servant shall be entitled to have, if he demands it, a copy of the list of
further evidence proposed to be produced and an adjournment of the inquiry for
three clear days before the production of such new evidence exclusive of the
day of adjournment and the day to which the inquiry is adjourned. The inquiring
authority shall give the Railway servant an opportunity of inspecting such
documents before they are taken on the record. The inquiring authority may also
allow the Railway servant to produce new evidence if it is of the opinion that
the production of such evidence is necessary in the interest of justice. Note:
New evidence shall not be permitted or called for or any witness shall not be
recalled to fill up any gap in the evidence. Such evidence may be called for
only when there is an inherent lacuna or defect in the evidence which has been
produced originally. (19) When the case for disciplinary authority is closed,
the Railway servant shall be required to state his defence orally, or in
writing, as he may prefer. If the defence is made orally it shall be recorded
and the Railway servant shall be required to sign the record. In either case a
copy of the statement of defence shall be given to the Presenting Officer, if
any. (20) 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 or on behalf of the Presenting
Officer, if any. The Railway servant shall be entitled to re-examine the
witnesses on any point on which they have been cross-examined, but not on any
new matter, without the leave of the inquiring authority. The inquiring
authority may also put such questions to the witnesses as it thinks fit. (21)
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. (22) The inquiring authority may, after the completion of
the production of evidence, hear the Presenting Officer, if any, and the
Railway servant, or permit them to file written briefs of their respective
cases, if they so desire. (23) 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. (24) Whenever any inquiring authority, after having heard and
recorded the whole or any part of the evidence in an inquiry ceases to exercise
jurisdiction therein and is succeeded by another inquiring authority which has,
and which exercises, such jurisdiction, the inquiring authority so succeeding
may act on the evidence so recorded by its predecessor, or partly recorded by
its predecessor, and partly by itself: Provided that if, the succeeding inquiring
authority is of the opinion that further examination of any of the witnesses
whose evidence has already been recorded is necessary in the interest of
justice, it may recall, examine, cross-examine and re-examine any such
witnesses as hereinbefore provided. (25)(i) 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 therefor. Explanation - If
in the opinion of the inquiring authority the proceedings of the inquiry establish
any article of charge different from the original articles of charge, it may
record its findings on such article of charge: Provided that the findings on
such article of charge shall not be recorded unless the Railway servant has
either admitted the facts on which such article of charge is based or has had a
reasonable opportunity of defending himself against such article of charge.
(ii) The inquiring authority, where it is not itself the disciplinary
authority, shall forward to the disciplinary authority the records of inquiry
which shall include - (a) the report prepared by it under clause (i); (b) the
written statement of defence, if any, submitted by the Railway servant; (c) the
oral and documentary evidence produced in the course of the inquiry; (d) written
briefs, if any, filed by the Presenting Officer, if any, or the Railway servant
or both during the course of the enquiry; and (e) the orders, if any, made by
the disciplinary authority in regard to the inquiry. 10. Action on the inquiry
report :- (1) If the disciplinary authority:- (a) after considering the inquiry
report, is of the opinion that further examination of any of the witnesses is
necessary in the interests of justice, it may recall the said witness and
examine, cross-examine and re-examine the witness; (b) is not itself the
inquiring authority may, for reasons to be recorded by it in writing, remit the
case to the inquiring authority for further inquiry and report and the
inquiring authority shall thereupon proceed to hold further inquiry according
to the provisions of rule 9, as far as may be. (2) The disciplinary authority:-
(a) shall forward or cause to be forwarded a copy of the report of the inquiry,
if any, held by the disciplinary authority or where the disciplinary authority
is not the inquiring authority a copy of the report of the inquiring authority,
its findings on further examination of witnesses, if any, held under
sub-rule(1) (a) together with its own tentative reasons for disagreement, if
any, with findings of the inquiring authority on any article of charge to the
Railway Servant, who shall be required to submit, if he so desires, his written
representation or submission to the disciplinary authority within fifteen days,
irrespective of whether the report is favourable or not to the Railway Servant;
14 (b) shall consider the representation if any, submitted by the Railway
Servant and record its findings before proceeding further in the matter as
specified in sub-rules (3), (4) and (5). (3) Where the disciplinary authority is
of the opinion that the penalty warranted is such as is not within its
competence, he shall forward the records of the inquiry to the appropriate
disciplinary authority who shall act in the manner as provided in these rules.
(4) 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: Provided that in every case where it is necessary to
consult the Commission, the record of the inquiry shall be forwarded by the
disciplinary authority to the Commission for its advice and such advice shall
be taken into consideration before making any order imposing any penalty on the
Railway Servant. (5) If the disciplinary authority, having regard to its
findings on all or any of the articles of charge and on the basis of the
evidence adduced during the inquiry, is of the opinion that any of the
penalties specified in clauses(v) to (ix) of rule 6 should be imposed on the
railway servant, it shall make an order imposing such penalty and it shall not
be necessary to give the railway servant any opportunity of making representation
on the penalty proposed to be imposed: Provided that in every case where it is
necessary to consult the Commission, the record of the inquiry shall be
forwarded by the disciplinary authority to the Commission for its advice and
such advice shall be taken into consideration before making an order imposing
any such penalty on the railway servant”. 11. Procedure for imposing minor
penalties - (1) Subject to the provisions of sub-clause (iv) of clause (a) of
sub-rule (9) of Rule 9 and of sub-rule (4) of Rule 10, 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 Railway 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 giving him a reasonable
opportunity of making such representation as he may wish to make against the
proposal; (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; (c) taking the representation, if any,
submitted by the Railway servant under clause (a) and the record of inquiry, if
any, held under clause (b) into consideration; (d) recording a finding on each
imputation of misconduct or misbehaviour; and (e) consulting the Commission
where such consultation is necessary. (2) Notwithstanding anything contained in
clause (b) of sub-rule (1), if in a case, it is proposed, after considering the
representation, if any, made by the Railway servant under clause (a) of that
sub-rule to withhold increments of pay and such withholding of increments is
likely to affect adversely the amount of 15 pension or special contribution to
Provident Fund payable to the Railway servant or to withhold increments of pay
for a period exceeding three 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. (3) Deleted. (4) The record of the
proceedings in cases specified in sub-rules (1) and (2) shall include- (i) a
copy of the intimation to the Railway servant of the proposal to take action
against him; (ii) a copy of the statement of imputations of misconduct or
misbehaviour delivered to him; (iii) his representation, if any; (iv) the
evidence produced during the inquiry, if any; (v) the advice of the Commission,
if any; (vi) the findings on each imputation of misconduct or misbehaviour; and
(vii) the orders on the case together with the reasons therefor. 12.
Communication of orders :- 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’. 13. Common proceedings - (1) Where two or
more Railway servants are concerned in any case, the President or any other
authority competent to impose the penalty of dismissal from service on all such
Railway servants, may make an order directing that disciplinary action against
all of them may be taken in a common proceedings. Note:- If the authorities
competent to impose the penalty of dismissal on such Railway servants are
different, an order for taking disciplinary action in a common proceeding may
be made by the highest of such authorities with the consent of the others. (2)
Any such order shall specify - (i) the authority which may function as the
disciplinary authority for the purpose of such common proceedings; (ii) the
penalties specified in Rule 6 which such disciplinary authority shall be
competent to impose; provided that such authority shall not impose the
penalties specified in clauses (vii) to (ix) of that rule if that authority is
subordinate to the Appointing Authority; and (iii) whether the procedure laid
down in Rule 9 and Rule 10 or Rule 11 shall be followed in the proceedings. 14.
Special procedure in certain cases - Notwithstanding anything contained in
Rules 9 to 13 - (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 16 (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: Provided further that the Commission
shall be consulted where such consultation is necessary, before any orders are
made in any case under this rule. 15. Provisions regarding Railway servants
lent to State Governments, etc. - (1) Where the services of a Railway servant
are lent to any other Ministry or Department of the Central Government or to a
State Government or an authority subordinate thereto or to a local or other
authority (hereinafter in this rule referred to as "the borrowing
authority"), the borrowing authority shall have the powers of the
authority competent to place the Railway servant under suspension for the
purpose of placing him under suspension and of the disciplinary authority for
the purpose of conducting disciplinary proceedings against him: Provided that
the borrowing authority shall forthwith inform the authority which lent the
services of the Railway servant (hereinafter in this rule referred to as
"the lending authority") of the circumstances leading to the order of
his suspension or the commencement of the disciplinary proceedings, as the case
may be. (2) In the light of the findings in the disciplinary proceedings
conducted against the Railway servant - (i) if the borrowing authority 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 may, after consultation with the
lending authority, make such orders on the case as it deems necessary: Provided
that in the event of a difference of opinion between the borrowing authority
and the lending authority, the services of the Railway servant shall be
replaced at the disposal of the lending authority. (ii) if the borrowing
authority is of the opinion that any of the penalties specified in clauses (v)
to (ix) of Rule 6 should be imposed on the Railway servant, it shall replace
his services at the disposal of the lending authority and transmit to it the
proceedings of the inquiry and thereupon the lending authority may, if it is
the disciplinary authority, pass such orders thereon as it may deem necessary,
or if it is not the disciplinary authority, submit the case to the disciplinary
authority which shall pass such orders on the case as it may deem necessary:
Provided that before passing such orders, the disciplinary authority shall
comply with the provisions of sub-rules (4) and (5) of Rule 10. Explanation -
The disciplinary authority may make an order under this clause on the record of
the inquiry transmitted to it by borrowing authority, or after holding such
further inquiry as it may deem necessary, as far as may be, in accordance with
Rule 9. 17 16. Provisions regarding officers borrowed from Central or State
Governments, etc. (1) Where the services of a Government servant from any
Ministry or Department of the Central Government other than the Ministry of
Railways, or a State Government, or an authority subordinate thereto, or of a
person from a local or other authority (hereinafter in this rule referred to as
"the lending authority") are borrowed for appointment to a service or
post under the Ministry of Railways, the authority which appointed him to that
service or post (hereinafter in this rule referred to as "the borrowing
authority") shall have the powers of the lending authority for the purpose
of placing such Government servant or person under suspension or for conducting
disciplinary proceedings against him: Provided that where an order suspending
such Government servant or person is made or a disciplinary proceeding is
conducted against such Government servant or person, the borrowing authority
shall forthwith inform the lending authority of the circumstances leading to
the order of suspension or, as the case may be, the commencement of the
disciplinary proceedings against such Government servant or person. (2) In the
light of the findings in the disciplinary proceedings conducted against such
Government servant or person - (i) if the borrowing authority is of the opinion
that any of the minor penalties specified in the rules by which such Government
servant or person is governed, should be imposed on him, it may, after
consultation with the lending authority, pass such orders on the case as it
deems necessary, in accordance with the said rules: Provided that in the event
of a difference of opinion between the borrowing authority and the lending
authority, the services of such Government servant or person shall be replaced
at the disposal of the lending authority; (ii) if the borrowing authority is of
the opinion that any of the major penalties specified in the rules by which
such Government servant or person is governed, should be imposed on him, it
shall replace his services at the disposal of the lending authority and
transmit to it the proceedings of the inquiry and thereupon the lending authority
may pass such orders thereon as it may deem necessary.
Multiple
choice questions:
1. According to Rule 9, which of the
following is true regarding the imposition of major penalties on a Railway
servant?
A) An order imposing penalties can
be made without an inquiry.
B) The penalties specified in clauses (i) to (iv) of Rule 6 require an inquiry
under this rule.
C) An inquiry is not necessary for penalties specified in clauses (v) to (ix)
of Rule 6.
D) No order imposing penalties specified in clauses (v) to (ix) of Rule 6 shall
be made except after an inquiry.
Answer: D) No order imposing penalties specified in clauses (v) to
(ix) of Rule 6 shall be made except after an inquiry.
2. Who may conduct an inquiry
against a Railway servant under Rule 9?
A) Only the disciplinary authority.
B) A Board of Inquiry or other authority appointed by the disciplinary
authority.
C) The Public Servants (Inquiries) Act, 1850 committee.
D) Any officer of the Railway Administration.
Answer: B) A Board of Inquiry or other authority appointed by the
disciplinary authority.
3. What is the minimum number of
members required in a Board of Inquiry under sub-rule (3) of Rule 9?
A) One
B) Two
C) Three
D) Four
Answer: B) Two
4. When a Board of Inquiry consists
of two or more members, who acts as the Presiding Officer?
A) The senior-most Railway servant
involved in the case.
B) The junior-most member of the Board.
C) The senior member of the Board.
D) The disciplinary authority.
Answer: C) The senior member of the Board.
5. How are decisions passed by the
Board of Inquiry according to Rule 9?
A) By unanimous vote.
B) By majority of votes.
C) By the decision of the Presiding Officer alone.
D) By consensus without voting.
Answer: B) By majority of votes.
6. What happens if there is an
equality of votes on the findings within the Board of Inquiry?
A) The Presiding Officer’s vote is
decisive.
B) The inquiry is declared null and void.
C) The finding of each member is incorporated in the report.
D) The disciplinary authority intervenes and makes the decision.
Answer: C) The finding of each member is incorporated in the
report.
7. What must the disciplinary
authority do before holding an inquiry under Rule 9?
A) Obtain permission from the
Railway Board.
B) Draw up the substance of the imputations into definite and distinct articles
of charge.
C) Inform the Railway servant of the potential penalties.
D) Conduct a preliminary inquiry.
Answer: B) Draw up the substance of the imputations into definite
and distinct articles of charge.
8. What should the disciplinary
authority deliver to the Railway servant as per sub-rule (7)?
A) A copy of the Railway Services
(Conduct) Rules, 1966.
B) A list of penalties applicable under Rule 6.
C) A copy of the articles of charge, statement of imputations, and list of
documents and witnesses.
D) A written order of suspension.
Answer: C) A copy of the articles of charge, statement of
imputations, and list of documents and witnesses.
9. If the Railway servant desires to
inspect documents for preparing his defense, within how many days must he
complete the inspection?
A) 5 days
B) 10 days
C) 15 days
D) 30 days
Answer: B) 10 days
10. What action can the disciplinary
authority take if no written statement of defense is submitted by the Railway
servant?
A) The disciplinary authority must
drop the charges.
B) The disciplinary authority can proceed with the inquiry on its own.
C) The disciplinary authority must issue a warning instead of holding an
inquiry.
D) The disciplinary authority must seek a legal opinion.
Answer: B) The disciplinary authority can proceed with the inquiry
on its own.
11. What can the Railway servant not
do without special permission, according to sub-rule (13)(a)?
A) Submit a written defense.
B) Appear before the inquiring authority.
C) Engage a legal practitioner for assistance.
D) Call witnesses on his behalf.
Answer: C) Engage a legal practitioner for assistance.
12. Who can assist a non-gazetted
Railway servant in presenting his case?
A) A legal practitioner.
B) Any retired Railway servant.
C) An official of a recognized Railway Trade Union.
D) The disciplinary authority.
Answer: C) An official of a recognized Railway Trade Union.
13. What should the inquiring
authority do if the Railway servant fails to appear within the specified time?
A) The inquiry should be canceled.
B) The inquiring authority should proceed with the inquiry in the absence of
the Railway servant.
C) The disciplinary authority should impose the maximum penalty.
D) The case should be adjourned for a later date not exceeding thirty days.
Answer: D) The case should be adjourned for a later date not
exceeding thirty days.
14. Under what condition may the
inquiring authority refuse to requisition documents as per sub-rule (15)?
A) If the documents are too old.
B) If the documents are not relevant to the case.
C) If the Railway servant requests fewer than five documents.
D) If the documents are kept outside the Railway Administration.
Answer: B) If the documents are not relevant to the case.
15. When can new evidence be called
for according to sub-rule (18)?
A) Anytime during the inquiry
process.
B) Only if there is an inherent lacuna or defect in the original evidence.
C) After the inquiry is completed.
D) Only by the Railway servant’s request.
Answer: B) Only if there is an inherent lacuna or defect in the
original evidence.
16.Which authority is responsible
for producing requisitioned documents before the inquiring authority?
- A) Disciplinary authority
- B) Custodial authority
- C) Railway servant
- D) Presenting Officer
Answer: B) Custodial authority
17.Under what condition can the
inquiring authority refuse to requisition documents?
- A) If the documents are confidential
- B) If the documents are irrelevant to the case
- C) If the documents are lost
- D) If the Railway servant objects
Answer: B) If the documents are irrelevant to the case
18.Who is entitled to
cross-examine the witnesses presented by the disciplinary authority?
- A) Presenting Officer
- B) Railway servant
- C) Custodial authority
- D) Inquiring authority
Answer: B) Railway servant
19.What must the inquiring
authority do if it allows the Presenting Officer to produce new evidence not
included in the original list?
- A) Ignore the new evidence
- B) Adjourn the inquiry for three clear days
- C) Disregard the Railway servant's objections
- D) Summon the documents immediately
Answer: B) Adjourn the inquiry for three clear days
20.In what situation can the
inquiry be conducted ex parte?
- A) If the Railway servant fails to submit a written
statement of defense
- B) If the inquiring authority loses jurisdiction
- C) If the disciplinary authority withdraws
- D) If the Presenting Officer is unavailable
Answer: A) If the Railway servant fails to submit a written statement of defense
21.What action can the succeeding
inquiring authority take if it takes over an inquiry that was partially heard
by its predecessor?
- A) Start the inquiry afresh
- B) Continue from where the predecessor left off
- C) Recall all witnesses and reexamine them
- D) Disregard the previous evidence
Answer: B) Continue from where the predecessor left off
22.What must the inquiring
authority's report include after concluding the inquiry?
- A) Only the findings on the articles of charge
- B) A summary of oral evidence
- C) The articles of charge, defense, evidence, and
findings
- D) A list of suggested penalties
Answer: C) The articles of charge, defense, evidence, and findings
23.What should the disciplinary
authority do if it disagrees with the findings of the inquiring authority?
- A) Overrule the findings without explanation
- B) Record its reasons for disagreement and forward the
report to the Railway servant
- C) Seek advice from the Railway servant
- D) Dismiss the inquiry report
Answer: B) Record its reasons for disagreement and forward the report to the Railway servant
24.When is it mandatory for the
disciplinary authority to consult the Commission before imposing penalties?
- A) When the penalties involve suspension
- B) When the penalties involve demotion
- C) When the penalties are severe and specified in rule
6
- D) When the penalties are related to pay increments
Answer: C) When the penalties are severe and specified in rule 6
25.What is required if the
withholding of increments is likely to affect a Railway servant's pension?
- A) An immediate penalty is imposed
- B) No action is taken
- C) An inquiry is held before imposing the penalty
- D) The pension is adjusted accordingly
Answer: C) An inquiry is held before imposing the penalty
26.What happens if there is a
difference of opinion between the borrowing and lending authorities regarding a
penalty on a Railway servant?
- A) The penalty is imposed by the borrowing authority
- B) The penalty is decided by a higher authority
- C) The Railway servant's services are returned to the
lending authority
- D) The disciplinary proceedings are canceled
Answer: C) The Railway servant's services are returned to the lending authority
27.Under what conditions can a
disciplinary authority act without holding an inquiry?
- A) If the Railway servant agrees
- B) If the conduct has led to a criminal conviction
- C) If the Railway servant is under suspension
- D) If the Commission advises against it
Answer: B) If the conduct has led to a criminal conviction
28.Who can order a common
proceeding for disciplinary action when two or more Railway servants are
involved?
- A) The disciplinary authority for each Railway servant
- B) The highest authority competent to impose the
penalty of dismissal
- C) The Railway Board
- D) The Presenting Officer
Answer: B) The highest authority competent to impose the penalty of dismissal
29.What is included in the record
of proceedings for imposing minor penalties?
- A) Only the final orders
- B) The representation of the Railway servant and the
findings
- C) Evidence produced during the inquiry
- D) All of the above
Answer: D) All of the above
30.What must be communicated to
the Railway servant along with the orders made by the disciplinary authority?
- A) A list of witnesses
- B) The advice of the Commission and reasons for
non-acceptance if any
- C) The Presenting Officer's notes
- D) The disciplinary authority's private notes
Answer: B) The advice of the Commission and reasons for non-acceptance if any
PART - V
APPEALS
17.
Orders against which no appeal lies - Notwithstanding anything contained in
this part, no appeal shall lie against - (i) any order made by the President;
(ii) any order of an interlocutory nature or of the nature of step-in-aid of
the final disposal of a disciplinary proceeding, other than an order of
suspension; (iii) any order passed by an inquiring authority in the course of
an inquiry under Rule 9. 18. Orders against which appeal lies - Subject to the
provisions of Rule 17, a Railway servant may prefer an appeal against all or
any of the following orders, namely:- 18 (i) an order of suspension made or
deemed to have been made under Rule 5; (ii) an order imposing any of the
penalties specified in Rule 6 whether made by the disciplinary authority or by
an appellate or revising authority; (iii) an order enhancing any penalty
imposed under Rule 6; (iv) an order which - (a) denies or varies to his
disadvantage his pay, allowances, pension, Provident Fund benefits, service
gratuity or other conditions of service as regulated by rules or by agreement;
or (b) interprets to his disadvantage the provisions of any such rule or
agreement; (v) an order :- (a) stopping him at the efficiency bar in the
time-scale of pay on the ground of his unfitness to cross the bar; (b)
reverting him while officiating in a higher service, grade or post to a lower
service, grade or post otherwise than as a penalty; (c) reducing or withholding
the pension or denying the maximum pension admissible to him under the rules,
if he is a pensionable Railway servant; (d) reducing or withholding the
Government contribution to Provident Fund and Special Contribution to Provident
Fund or Gratuity admissible to him under the State Railway Provident Fund
Rules, and Gratuity Rules, if he is a non-pensionable Railway servant; (e)
determining the subsistence and other allowances to be paid to him for the
period of suspension or for the period during which he is deemed to be under
suspension or for any portion thereof; (f) determining his pay and allowances
:- (i) for the period of suspension, or (ii) for the period from the date of
his dismissal, removal or compulsory retirement from service to the date of his
reinstatement; (g) determining whether or not the period from the date of his
suspension or from the date of his dismissal, removal or compulsory retirement
to the date of his reinstatement shall be treated as a period spent on duty for
any purpose. Explanation:- In this rule - (i) the expression 'Railway servant'
includes a person who has ceased to be in Railway Service; (ii) the expression
'pension' includes additional pension, gratuity and any other retirement
benefit. 19. Appellate Authorities - (1) A Railway servant, including a person
who has ceased to be in Railway service, may prefer an appeal against all or
any of the orders specified in Rule 18 to the authority specified in this
behalf either in the Schedules or, where no such authority is specified - 19
(i) where a penalty is imposed by a revising authority under Rule 25, to the
authority to which it is immediately subordinate; (ii) where a penalty is
enhanced, either in appeal or on revision, to the authority to which the
authority making the order is immediately subordinate; (iii) in the case of an
appeal against an order specified in clause (iv) of Rule 18, relating to a
rule, to the authority which appointed the appellant or the authority which
made the rule to which the order under appeal relates, whichever of them may be
the higher authority, and in the case of an appeal relating to an agreement, to
the authority which appointed the appellant; (iv) in case of an appeal against
an order specified in clause (v) of Rule 18 - (a) in respect of a Railway
servant on whom the penalty of dismissal from service can be imposed only by
the President, to the President; and (b) in respect of any other Railway
servant, to the authority to which the authority making the order is
immediately subordinate. (2) Notwithstanding anything contained in sub-rule
(1), (i) an appeal against an order in a common proceeding held under Rule 13,
shall lie to the authority to which the authority functioning as the
disciplinary authority for the purpose of that proceeding, is immediately
subordinate; (ii) where the person who made the order appealed against becomes,
by virtue of his subsequent appointment or otherwise, the appellate authority
in respect of such order, an appeal against such order shall lie to the
authority to which such person is immediately subordinate: Provided that in a
case where the appellate authority is the Railway Board, the appeal shall be
dealt with by any Member of the Railway Board, who has not made the order
appealed against. (3) A Railway servant may prefer an appeal against an order
imposing any of the penalties specified in Rule 6 to the President, where no
such appeal lies to him under sub-rule (1) or sub-rule (2), if such penalty is
imposed by any authority other than the President, on such Railway servant in
respect of his activities connected with his work as an office bearer of an
association, federation or union participating in the Joint Consultation and
Compulsory Arbitration Scheme. 20. Period of limitation for appeals - No appeal
preferred under this part, shall be entertained unless such appeal is preferred
within a period of forty-five days from the date on which a copy of the order
appealed against, is delivered to the appellant: Provided that the appellate
authority may entertain the appeal, after the expiry of the said period, if it
is satisfied that the appellant had sufficient cause for not preferring the
appeal in time. 20 21. Form and contents and submission of appeal - (1) Every
person preferring an appeal shall do so separately and in his own name. An
appeal forwarded through or counter-signed by a legal practitioner or an
assisting Railway servant or a Railway Trade Union Official shall not be
entertained but shall be returned with the direction to submit it under the
signature of the appellant only. (2) The appeal shall be presented to the
authority to whom the appeal lies, a copy being forwarded by the appellant to
the authority which made the order appealed against. It shall contain all
material statements and arguments on which the appellant relies, shall not
contain any disrespectful or improper language and shall be complete in itself.
(3) The authority which made the order appealed against, shall, on receipt of a
copy of the appeal, forward the same with its comments thereon together with
the relevant records to the appellate authority without any avoidable delay and
without waiting for any direction from the appellate authority. 22.
Consideration of appeal - (1) In the case of an appeal against an order of
suspension, the appellate authority shall consider whether in the light of the
provisions of Rule 5 and having regard to the circumstances of the case, the
order of suspension is justified or not and confirm or revoke the order
accordingly. (2) In the case of an appeal against an order imposing any of the
penalties specified in Rule 6 or enhancing any penalty imposed under the said
rule, the appellate authority shall consider :- (a) whether the procedure laid
down in these rules has been complied with, and if not, whether such
non-compliance has resulted in the violation of any provisions of the Constitution
of India or in the failure of justice; (b) whether the findings of the
disciplinary authority are warranted by the evidence on the record; and (c)
whether the penalty or the enhanced penalty imposed is adequate, inadequate or
severe; and pass orders:- (i) confirming, enhancing, reducing or setting aside
the penalty; or (ii) remitting the case to the authority which imposed or
enhanced the penalty or to any other authority with such directions as it may
deem fit in the circumstances of the case: Provided that - (i) the Commission
shall be consulted in all cases where such consultation is necessary; (ii) if
the enhanced penalty which the appellate authority proposes to impose is one of
the penalties specified in clauses (v) to (ix) of Rule 6 and an inquiry under
Rule 9 has not already been held in the case, the appellate authority shall,
subject to the provisions of Rule 14, itself hold such inquiry or direct that
such inquiry be held in accordance with the provisions of Rule 9 and
thereafter, on a consideration of the proceedings of such inquiry, make such
orders as it may deem fit; 21 (iii) if the enhanced penalty which the appellate
authority proposes to impose, is one of the penalties specified in clauses (v)
to (ix) of Rule 6 and an inquiry under Rule 9 has already been held in the
case, the appellate authority shall, make such orders as it may deem fit; (iv)
subject to the provisions of Rule 14, the appellate authority shall – (a) where
the enhanced penalty which the appellate authority proposes to impose, is the
one specified in clause (iv) of Rule 6 and falls within the scope of the
provisions contained in sub-rule (2) of Rule 11; and (b) where an inquiry in
the manner laid down in Rule 9, has not already been held in the case, itself
hold such inquiry or direct that such inquiry be held in accordance with the
provisions of Rule 9 and thereafter, on a consideration of the proceedings of
such inquiry, pass such orders as it may deem fit; and (v) no order imposing an
enhanced penalty shall be made in any other case unless the appellant has been
given a reasonable opportunity, as far as may be, in accordance with the
provisions of Rule 11, of making a representation against such enhanced
penalty. (3) In an appeal against any other order specified in Rule 18, the
appellate authority shall consider all the circumstances of the case and make
such orders as it may deem just and equitable. 23. Implementation of orders in
appeal - The authority which made the order appealed against, shall give effect
to the orders passed by the appellate authority. 24. Special provisions for
non-gazetted staff - (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. 22 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:
Provided that the procedure mentioned in this sub-rule shall not apply in cases
where the General Manager or the Railway Board are the Appellate Authority:
Provided further that where a revision application has been disposed of by the
General Manager under this sub-rule, no further revision shall lie under Rule
25. (3) A Group 'D' 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 Divisional Railway Manager and where he is not under the control of any
Divisional Railway Manager to the senior-most Administrative Grade Officer
under whose control he may be working, for a revision of the penalty imposed on
him. The Divisional Railway Manager or the senior-most Administrative Grade
Officer, as the case may be, shall thereafter dispose of the revision
application in accordance with the procedure laid down in Rule 25 and pass such
orders as he may think fit: Provided that the procedure mentioned in this
sub-rule shall not apply where the Divisional Railway Manager or the
senior-most Administrative Grade Officer or any higher authority, as the case
may be, is the appellate authority: Provided further that where a revision
application has been disposed of by the Divisional Railway Manager or the
senior-most Administrative Grade Officer under this sub-rule, no further
revision shall lie under Rule 25.
Multiple choice questions:
Question 1:
Which of the following orders cannot be appealed against according to Rule 17?
(a) Any order made by the President
(b) Any order of suspension
(c) Any final order of a disciplinary proceeding
(d) Any order made by an appellate authority
Answer:
(a) Any order made by the President
Question 2:
According to Rule 18, a Railway servant can appeal against which of the
following?
(a) An order made by the President
(b) An order of suspension
(c) An order of promotion
(d) An order of transfer
Answer:
(b) An order of suspension
Question 3:
Under Rule 19, to whom can a Railway servant appeal if a penalty is enhanced
either in appeal or on revision?
(a) The authority which imposed the original penalty
(b) The authority to which the authority making the order is immediately
subordinate
(c) The President
(d) The Railway Board
Answer:
(b) The authority to which the authority making the order is immediately
subordinate
Question 4:
What is the period of limitation for filing an appeal as specified in Rule 20?
(a) 30 days
(b) 60 days
(c) 45 days
(d) 90 days
Answer:
(c) 45 days
Question 5:
Which of the following statements is true regarding the form and contents of an
appeal under Rule 21?
(a) The appeal can be signed by the appellant’s legal practitioner
(b) The appeal must be presented to the authority which made the original order
(c) The appeal must be submitted under the signature of the appellant only
(d) The appeal can contain disrespectful language if justified
Answer:
(c) The appeal must be submitted under the signature of the appellant only
Question 6:
Under Rule 22, which of the following is NOT a consideration for the appellate
authority in an appeal against an order of suspension?
(a) Whether the order of suspension is justified
(b) Whether the penalty imposed is adequate or severe
(c) Whether the findings are warranted by the evidence
(d) Whether the Commission was consulted in the case
Answer:
(b) Whether the penalty imposed is adequate or severe
Question 7:
Under Rule 24, who may accompany a non-gazetted Railway servant during a
personal hearing if they so choose?
(a) A legal practitioner
(b) Another Railway servant employed on the same Railway Administration
(c) A family member
(d) Any government employee
Answer:
(b) Another Railway servant employed on the same Railway Administration
Question 8:
According to Rule 24(2), after how many days can a Group 'C' Railway servant
apply for a revision of the penalty after the appeal has been disposed of?
(a) 30 days
(b) 60 days
(c) 45 days
(d) 90 days
Answer:
(c) 45 days
Question 9:
Under Rule 24, who can a Group 'D' Railway servant apply to for a revision of
the penalty after the appeal has been disposed of?
(a) The General Manager
(b) The Divisional Railway Manager
(c) The Railway Board
(d) The President
Answer:
(b) The Divisional Railway Manager
Question 10:
According to Rule 22, what must the appellate authority do if it proposes to
impose an enhanced penalty and an inquiry under Rule 9 has not already been
held?
(a) Confirm the existing penalty
(b) Direct that an inquiry be held in accordance with Rule 9
(c) Reduce the penalty
(d) Dismiss the appeal
Answer:
(b) Direct that an inquiry be held in accordance with Rule 9
PART-VI
REVISION AND REVIEW
25.
Revision - (1) Notwithstanding anything contained in these rules - (i) the
President, or (ii) the Railway Board, or (iii) the General Manager of a Railway
Administration or an authority of that status in the case of a Railway servant
serving under his control, or (iv) the appellate authority not below the rank
of a Divisional Railway Manager in cases where no appeal has been preferred, or
(v) any other authority not below the rank of Deputy Head of Department in the
case of a Railway servant serving under his control - 23 may at any time,
either on his or its own motion or otherwise, call for the records of any
inquiry and revise any order made under these rules or under the rules repealed
by Rule 29, after consultation with the Commission, where such consultation is
necessary, and may - (a) confirm, modify or set aside the order; or (b)
confirm, reduce, enhance or set aside the penalty imposed by the order, or
impose any penalty where no penalty has been imposed; or (c) remit the case to
the authority which made the order or to any other authority directing such
authority to make such further inquiry as it may consider proper in the
circumstances of the case; or (d) pass such orders as it may deem fit: Provided
that - (a) no order imposing or enhancing any penalty shall be made by any
revising authority unless the Railway servant concerned has been given a
reasonable opportunity of making a representation against the penalty proposed;
(b) subject to the provisions of Rule 14, where it is proposed to impose any of
the penalties specified in clauses (v) to (ix) of Rule 6 or the penalty
specified in clause (iv) of Rule 6 which falls within the scope of the
provisions contained in sub-rule (2) of Rule 11 or to enhance the penalty
imposed by the order under revision to any of the penalties specified in this
sub-clause, no such penalty shall be imposed except after following the
procedure for inquiry in the manner laid down in Rule 9, unless such inquiry
has already been held, and also except after consultation with the Commission,
where such consultation is necessary. (2) No proceeding for revision shall be
commenced until after - (i) the expiry of the period of limitation for appeal;
or (ii) the disposal of the appeal where any such appeal has been preferred:
Provided that the provisions of this sub-rule shall not apply to the revision
of punishment in case of Railway accidents. (3) An application for revision
shall be dealt with in the same manner as if it were an appeal under these
rules. (4) No power of revision shall be exercised under this rule - (i) by the
appellate or revising authority where it has already considered the appeal or
the case and passed orders thereon; and 24 (ii) by a revising authority unless
it is higher than the appellate authority where an appeal has been preferred or
where no appeal has been preferred and the time limit laid down for revision by
the appellate authority, has expired: Provided that nothing contained in
clauses (i) and (ii) above, shall apply to revision by the President. (5) No
action under this rule shall be initiated by - (a) an appellate authority other
than the President; or (b) the revising authorities mentioned in item (v) of
sub-rule (1) - after more than six months from the date of the order to be
revised in cases where it is proposed to impose or enhance a penalty or modify
the order to the detriment of the Railway servant; or more than one year after
the date of the order to be revised in cases where it is proposed to reduce or
cancel the penalty imposed or modify the order in favour of the Railway
servant: Provided that when revision is undertaken by the Railway Board or the
General Manager of a Zonal Railway or an authority of the status of a General
Manager in any other Railway Unit or Administration when they are higher than
the appellate Authority, and by the President even when he is the appellate
authority, this can be done without restriction of any time limit. Explanation:
For the purposes of this sub-rule the time limits for revision of cases shall
be reckoned from the date of issue of the orders proposed to be revised. In
cases where original order has been upheld by the appellate authority, the time
limit shall be reckoned from the date of issue of the appellate orders. 25-A.
Review - 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.
Multiple choice questions:
1.Who has the authority to call
for the records of any inquiry and revise any order under these rules?
- (a) The President
- (b) The Railway Board
- (c) The General Manager of a Railway Administration
- (d) All of the above
Answer: (d) All of the above
2.What can a revising authority
do upon reviewing an order?
- (a) Confirm, modify, or set aside the order
- (b) Confirm, reduce, enhance, or set aside the penalty
- (c) Remit the case for further inquiry
- (d) All of the above
Answer: (d) All of the above
3.What is required before
imposing or enhancing any penalty by a revising authority?
- (a) A written explanation from the Railway servant
- (b) A reasonable opportunity for the Railway servant to
make a representation
- (c) Consultation with the Railway Board
- (d) None of the above
Answer: (b) A reasonable opportunity for the Railway servant to make a representation
4.In cases where it is proposed
to impose any of the penalties specified in clauses (v) to (ix) of Rule 6, what
procedure must be followed?
- (a) A written warning is sufficient
- (b) An inquiry as per Rule 9 must be held if not
already conducted
- (c) Immediate action without inquiry
- (d) Only consultation with the Commission is necessary
Answer: (b) An inquiry as per Rule 9 must be held if not already conducted
5.When can proceedings for
revision be initiated?
- (a) After the expiry of the period of limitation for
appeal
- (b) After the disposal of the appeal, if any
- (c) Immediately after the original order is passed
- (d) Both (a) and (b)
Answer: (d) Both (a) and (b)
6.Which authority is exempt from
the time limits for initiating revision?
- (a) The President
- (b) The Railway Board
- (c) The General Manager of a Zonal Railway
- (d) All of the above
Answer: (d) All of the above
7.What is the time limit for an
appellate authority (other than the President) to initiate revision to impose
or enhance a penalty?
- (a) Six months from the date of the order to be revised
- (b) One year from the date of the order to be revised
- (c) Two years from the date of the order to be revised
- (d) No time limit
Answer: (a) Six months from the date of the order to be revised
8.What happens if the original
order has been upheld by the appellate authority in terms of the time limit for
revision?
- (a) The time limit is reset
- (b) The time limit is extended by six months
- (c) The time limit is reckoned from the date of issue
of the appellate orders
- (d) No further revision is allowed
Answer: (c) The time limit is reckoned from the date of issue of the appellate orders
9.Under what condition can the
President review any order passed under these rules?
- (a) When new material or evidence has been found
- (b) When the Railway servant requests a review
- (c) When the Commission requests a review
- (d) Only if the original inquiry was flawed
Answer: (a) When new material or evidence has been found
10.What must be provided to the
Railway servant before the President imposes or enhances a penalty during a
review?
- (a) A formal apology
- (b) A reasonable opportunity to make a representation
- (c) A reduction in duties
- (d) An immediate dismissal without explanation
Answer: (b) A reasonable opportunity to make a representation
11.Which of the following is NOT
allowed under the revision powers as per Rule 25?
- (a) Confirming an order
- (b) Modifying an order
- (c) Reversing an order without giving the Railway
servant a chance to make a representation
- (d) Setting aside the order
Answer: (c) Reversing an order without giving the Railway servant a chance to make a representation
12.Which clause mentions that the
time limit for revision shall not apply to cases of Railway accidents?
- (a) Clause (1)
- (b) Clause (2)
- (c) Clause (3)
- (d) Clause (4)
Answer: (b) Clause (2)
13.According to the rules, which
authority can revise any order without restriction of any time limit?
- (a) The President
- (b) The Railway Board
- (c) The General Manager of a Zonal Railway
- (d) All of the above
Answer: (d) All of the above
14.What must be done if it is
proposed to impose any of the major penalties specified in Rule 6 during a
review?
- (a) Hold an inquiry under Rule 9 if not already held
- (b) Immediately enforce the penalty
- (c) Seek approval from the Railway servant's immediate
supervisor
- (d) None of the above
Answer: (a) Hold an inquiry under Rule 9 if not already held
15.Which of the following does
not require consultation with the Commission?
- (a) Minor penalties
- (b) Major penalties
- (c) Enhancement of penalties to a major penalty
- (d) Revision by the President
Answer: (a) Minor penalties.
PART -VII
MISCELLANEOUS
26.Service
of orders, notices etc.:- Every order, notice and other process made or issued
under these rules, shall be served in person on the Railway servant concerned
or communicated to him by registered post. 26-A. Service of orders, notices
etc. on behalf of the Railway Board or President :- Any of the following
officers in the Ministry of Railways shall be competent to sign on behalf of
the Railway Board or President any notice, process, order, etc. made or issued
under these rules: - (i) Secretary, Railway Board/ Joint Secretary/Deputy
Secretary. (ii) Executive Director /Director/ Joint Director. 27. Power to
relax time limit and to condone delay :- Save as otherwise expressly provided
in these rules, the authority competent under these rules to make any order may,
for good and sufficient reasons or if sufficient cause is shown, extend the
time limit specified in these rules for anything required to be done under
these rules or condone any delay. 28. Supply of copy of Commission’s advice :-
Wherever the Commission is consulted as provided in these rules, a copy of the
advice by the Commission and, where such advice has not been accepted, also a
brief statement of the reasons for such non-acceptance, shall be furnished to
the Railway servant concerned alongwith a copy of the order passed in the case,
by the authority making the order. 29. Repeal and saving :- (1) The Discipline
and Appeal Rules for Railway servants, other than those employed in the Railway
Protection Force, in force with effect from the 1st August, 1961 and any orders
issued thereunder in so far as they are inconsistent with these rules, are
hereby repealed: Provided that – (a) such repeal shall not affect the previous
operation of the said rules, or any order made, or anything done, or any action
taken, thereunder; and (b) any proceedings under the said rules, pending at the
commencement of these rules, shall be continued and disposed of, as far as may
be, in accordance with the provisions of these rules, as if such proceedings
were proceedings under these rules. (2) Nothing in these rules shall be
construed as depriving any person to whom these rules apply, of any right of
appeal which had accrued to him under the rules or orders in force before the
commencement of these rules. (3) An appeal pending at the commencement of these
rules against an order made before such commencement, shall be considered and
orders thereon shall be made, in accordance with these rules, as if such orders
were made and the appeal were preferred under these rules. 26 (4) As from the
commencement of these rules, any appeal or application for revision and/or
review against any orders made before such commencement, shall be preferred or
made under these rules, as if such orders were made under these rules: Provided
that nothing in these rules shall be construed as reducing any period of
limitation for any appeal or revision and/or review provided by any rule in
force before the commencement of these rules. 30. Removal of doubts - If any
doubt arises as to the interpretation of any of the provisions of these rules,
the matter shall be referred to the President through the Railway Board, and
the President shall decide the same. 31. Right to submit petitions to the
President - 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 Edition1985).
Multiple choice questions:
1.How should every order, notice,
or other process made or issued under these rules be served to the Railway
servant?
- (a) By email
- (b) In person or by registered post
- (c) By phone call
- (d) Through a public announcement
Answer: (b) In person or by registered post
2.Which officers in the Ministry
of Railways are competent to sign notices, processes, or orders on behalf of
the Railway Board or President?
- (a) Secretary, Railway Board/Joint Secretary/Deputy
Secretary
- (b) Executive Director/Director/Joint Director
- (c) Both (a) and (b)
- (d) Only the President
Answer: (c) Both (a) and (b)
3.Under what condition can the
authority competent under these rules extend the time limit specified for any
required action?
- (a) Without any reason
- (b) For good and sufficient reasons or if sufficient
cause is shown
- (c) Upon the Railway servant's request
- (d) When the Railway Board decides
Answer: (b) For good and sufficient reasons or if sufficient cause is shown
4.What must be supplied to the
Railway servant when the Commission is consulted under these rules?
- (a) A copy of the Commission’s advice
- (b) A brief statement of reasons for non-acceptance of
the advice, if applicable
- (c) A copy of the order passed in the case
- (d) All of the above
Answer: (d) All of the above
5.Which rules are repealed by
Rule 29 of the current rules?
- (a) The Discipline and Appeal Rules for Railway
servants in force with effect from 1st August 1961
- (b) The Railway Protection Force Rules
- (c) The Indian Railways Code of Discipline
- (d) The Central Civil Services (Conduct) Rules
Answer: (a) The Discipline and Appeal Rules for Railway servants in force with effect from 1st August 1961
6.What is the effect of repealing
the previous rules under Rule 29?
- (a) It nullifies all previous actions taken under the
old rules
- (b) It does not affect the previous operation of the
repealed rules
- (c) All ongoing proceedings under the old rules are
terminated
- (d) It requires re-issuance of all previous orders
Answer: (b) It does not affect the previous operation of the repealed rules
7.How should appeals or
applications for revision against orders made before the commencement of these
rules be handled?
- (a) Under the old rules
- (b) Under the new rules, as if the orders were made
under these rules
- (c) They should be dismissed
- (d) They should be sent to the President directly
Answer: (b) Under the new rules, as if the orders were made under these rules
8.If any doubt arises as to the
interpretation of any provisions of these rules, who is responsible for
resolving the matter?
- (a) The Railway Board alone
- (b) The General Manager of a Zonal Railway
- (c) The matter shall be referred to the President
through the Railway Board
- (d) The concerned Railway servant's immediate superior
Answer: (c) The matter shall be referred to the President through the Railway Board
9.What right is preserved for
Railway servants under Rule 31?
- (a) The right to refuse orders
- (b) The right to submit petitions to the President
- (c) The right to appeal directly to the Supreme Court
- (d) The right to modify their own service conditions
Answer: (b) The right to submit petitions to the President
10.What does Rule 30 state
regarding doubts in the interpretation of these rules?
- (a) They should be interpreted by the Railway servant’s
department head
- (b) They should be decided by the President after
referral through the Railway Board
- (c) They should be left unresolved
- (d) They should be resolved by the Railway Board
independently
Answer: (b) They should be decided by the President after referral through the Railway Board
11.Which document contains the
instructions for submitting petitions to the President as referred to in Rule
31?
- (a) The Indian Railway Establishment Code, Volume I
(Fifth Edition 1985)
- (b) The Central Civil Services (Conduct) Rules
- (c) The Railway Protection Force Rules
- (d) The Railway Servants (Discipline and Appeal) Rules
Answer: (a) The Indian Railway Establishment Code, Volume I (Fifth Edition 1985)
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