Rule No.
3
(1) Every Railway servant shall at all times:-
(i) Maintain absolute integrity;
(ii) maintain devotion to duty; and
(iii) do nothing which is unbecoming of a
Railway servant
(2) (i) Every RE holding supervisory post shall
take all possible steps to ensure integrity and
devotion to duty of all the railway servants for
the time being under his/her control and
authority.
2(ii) Every RE shall, in the performance of
his/her official duties, or in the exercise of
powers conferred on him/her, act in the best
judgment except when he/she is acting under
the direct supervision of his/her superior
2(iii) The Direction of the official
superior shall ordinarily be in
writing, and where the issue or oral
direction becomes unavoidable, the
official superior shall confirm it in
writing immediately thereafter
2. (iv) the RE who has received oral direction
from his/her official superior shall seek
confirmation of the same in writing as early as
possible whereupon it shall be his/her duty to
confirm the direction in writing
Integrity
Involvement in bribery and corruption
cases, thefts, forgery,
misappropriation of fund, railway
revenue, sabotage, tempering with
records, leaking of secret
information, suppression of material
evidence
Lack of devotion to duty
Unauthorized absence ,absconding from
duty, sleeping on duty, delaying the work
on flimsy grounds, negligence , qlty and
qty of work etc
Unbecoming of rly servant
Any act on his part that immoral as
considered by the DA
D&AR 1968
Art305,309,311
I. General 1 TO 3
II. Suspension 4 TO 5
III. Penalties and Disciplinary Authorities
6 TO 8
IV. Procedure for imposing Penalties 9 TO
16
V. Appeals 17 TO 24
VI. Revision & Review 25 & 25A
VII. Miscellaneous 26 TO 31
COMMENCEMENT 1oct 1968
APPLICABILTY
REMOVAL DOUBTS
APPOINTING AUTHORITY
DISCIPLINARY AUTHORITY
ENQUIRY OFFICER
PRESENTING OFFICER
DEFENCE COUNSEL
APPEALATE AUTHORITY
REVISION/REVIEW
VARIOUS STANDARD FORMS
Principle of natural justice
Reasonable opportunity which should be given to
charged employee
No body can be judge in his own case
None should be condemned without being heard
All decision should be made in good faith
Hearing must be impartial
Reasonable opportunity should be given to defend the
case
Reasons for decision should be made known to
accused
Charges should be intimated in advance
Justice should not only be done it should also appear
to have been done
APPLIES IN VACCUME
VARIOUS FORMS USED
1. SF-1 FOR PLACING AN EMPLOYEE
UNDER SUSPENSION
2. SF-2 DEEMED TO HAVE PLACED UNDER
SUSPENSION
3. SF-3 PRESCRIBED CERTIFATE THAT HAS TO BE
PRODUCED BY SUSPENDED EMPLOYEE
4. SF-4 REVOCATION OF SUSPENSION AND &
DEEMED SUSPENSION.
5. SF-5 MEMORANDOM OF CHARGES
6. SF-6 REFUSAL TO IRRELEVENT DOCUMENTS
ASKED BY CHARGED EMPLOYEE.
7. SF-7 FOR APPOINTMENT OF E.O
8. SF-8 FOR APPOINTMENT OF P.O
9. SF-9 CANCELLED
10.SF-10 CHARGE SHEET IN CASE OF COMMON
PROCEEDINGS.
SF-10a APPOINT OF E.O IN COMMON
PROCEEDING
SF-10b APPOINT OF P.O IN COMMON PROCEEDING
SF-11 CHARGE SHEET FOR MINOR PANELITIES.
SF-11b WHEN IT IS PROPOSED TO HOLD INQUIRY
AFTER ISSUE OF MINOR PANELITY CHARGE SHEET.
SF-11c WHEN DA DECIDE TO IMPOSE A MINOR
PENALITY IN CASES WHERE INITIALLY A CHARGE
SHEET FOR PANELITY ISSED.
Application: rule 3 01OCT
1968
Any member of the All India Services
Any member of the Railway Protection Force as defined in the
Railway Protection Force Act, 1957 ( 23 of 1957)
Any person in casual employment and
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.
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.
Para – 103 (43) of IREC Vol. I 1985
Railway servant means a person who is a
member of service or holds a post under the
Administrative control of the Railway Board.
It also includes a person who is holding the post
Of Chairman, FC or a Member of Railway Board.
Person lent from a service or post which is not
Under the administrative control of the Railway
Board to a service or post which is under such
Administrative control do not come within the
Scope of the definition. The term excludes casual
Labour.
Appointing authority
’ in relation to Railway servant means-
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
The authority empowered to make appointment to the
post which the Railway servant, for the time being
holds, or
The authority which appointed the Railway servant to
such Service, grade or post, as the case may be, or
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.
Disciplinary authority
in relation to the imposition of a penalty on a Railway
servant, the authority competent, under these rules, to
impose on him that penalty;
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;
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;
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 Rule6.
Suspension
rule5
Where a disciplinary proceeding against him is
contemplated or is pending; or
he has engaged himself in activities prejudicial to the
interest of the security of the state, or
Where a case against him in respect of any criminal
offence, is under investigation, inquiry or trial
DEEMED SUSPENSION
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.
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
PERIOD OS SUSPENSION
90DAYS,180DAYS OR ORE
REVIEW COMMITTEE
SUBSISTENCE ALLOWANCE
1/2PAY,AFTER 3MONTHS 25%,75%+DA
CERTIFICATE FOR EMPLOYEMENT
No leave
Not to leave HQRS
Last place of duty HQRS
PERIOD OF ABSENCE ON DUTY
DEDUCTIONS FROM
ALOWANCE
INCOME TAX
HRA,ELECTRICAL CHARGES,WATER
CHARGES
ADVANCES LOANS
ANY LOSS
OPTIONAL DEDUCTIONS
LIC
CLUBS,OTHER CHARGES
PF LOANS
SCHOOL FEES
PROHIBTED DUES
GPF,COURT ATTATCHMENTS
ENTITLEMENTS
Hostel subsidy
Educational assistance
Quarter may be retained
May be considered for confirmation
May be considered for promotion CASE TO BE KEPT IN
SEALED COVER
May act as defence counsel
May participate in PNM
May be selected as office bearer of a union
May submit voluntary resignation if accepted
May not be transferred
May elect for new revised pay scales
Get TA TO ATTEND COURT
Entitle for 1ot 2set of prv pass
May draw withdrawl/advance from PF
RANK,PAY ,SENIORITY DO NOT SUFFER
RESTRICTIONS
CANNOT LEAVE HQRS
NO LEAVE
NOT FULL PAY
NO PROMOTION DURING SUSP
NO INCREMENT
NO EMPLOYEMENT
NO TO BE DEPUTED ON TRAINING
NO TA
Penalties rule 6
Minor Penalties-
Censure,
Withholding of his promotion for a specified period;
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 one lower stage in the time scale of
pay for a period not exceeding three years, without
cumulative effect and not adversely affecting his
pension
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- art 311(2)
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.
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,
Compulsory retirement;
Removal from service which shall not be disqualification
for future employment under the Government or Railway
Administration;
Dismissal from service, which shall ordinarily be
disqualification for future employment under the
Government or Railway Administration.’.
WARNING
IMPACT OF PENALTIES
ON promotion
Penalty Calling for selection Promotion
Censure May be called Not to be promoted
Stopage of promotio May not be called Not to be promoted
Recovery of loss May be called May be promoted
Withholding Do May be promoted
pass/pto
w/increments Do Not to be promoted
Reduction to lower Do during penalty
stage Do
Reduction to lower May not be called do
Procedure for imposing minor
penalties
ISSUE OF S11
REPLY
CONDUCTING ENQUIRY IF NECESSARY
FINDINGS
NIP
PROCEDURE FOR IMPOSING
MAJOR PENALTIES R9
CHARGE SHEET SF-5,
article of chargesheet A1, statemnt of imputation of
misconduct A2,
List of documents A3,list of witness A4
STATEMENT OF DEFENCE , LIST OF WITTNESS
Copies of statement of witness mentioned in
chargesheet as early as possible, not later than three
days before commencement of examination of
wittness behalf of DA
APPOINTMENT OF INQUIRY OFFICER
APPOINTMENT OF PRESENTING OFFICER
SEND RECORD OF CASE TO I.O
DEFENCE COUNSEL WITHIN 20DAYS FROM DATE
OF APPOITMENT OF EO
FIX INQUIRY DATE FIRST WITHIN 30DAYS
PRELIMANRY HEARING
INQUIRY FINDINGS
CASE SEND TO D.A
COPY OF INQUIRY REPORT SHOULD BE GIVEN TO
C.E & DEFENCE
DECISION OF DA
NIP
Speaking orders
WHO. HAS BEEN CHARGSHEETED
WHAT FOR HAS BEEN CHARSHEETED
HOW ARE THECHARGES PROVED OR
NOT PROVED
WHICH PENALTY HAS BEEN IMPOSED
WHY IT HAS BEEN IMPOSED
VIOLATION
APPEAL
APPEAL
APPEALATE AUTHORITY
DA BECOMING APPEALATE AUTHORITY
SECOND APPEAL
LANGUAGE
COPY OF APPEAL TO DA.
WHAT IS NOT APPEALABLE
ANY ORDER MADE BY THE PRESIDENT OF
INDIA
ANY ORDER OF INTER- LOCUTORY NATURE
ANY ORDER PASSED BY THE INQUIRY
OFFICER DURING THE INQUIRY
PROCEEDINGS.
WHAT IS APPEALABLE
ANY SERVICE MATTER
SUBSISTENCE ALLOWANCE IF REVIEW NOT
DONE AFTER 90 DAYS
SUSPENSION IF NO CHARGE SHEET IS ISSUED
WITHIN 90 DAYS AND THE SUSPENSION IS
NOT YET REVOKED
ANY PENELITY IMPOSED BY D.A , A.A OR RA
ACTION BY DA BEFORE SENDING
THE CASE TO AA
GIVE BRIEF HISTORY OF THE CASE
GIVE PARAWISE REMARKS ON THE APPEAL
LINK THE ORIGINAL D & AR CASE WITH ALL
RELEVANT DOCUMENTS
LINK THE SERVICE SHEET OF EMPLOYEE
LINK THE CONFIDENTIAL REPORTS, IF
MAINTAINED
ACTION BY APPELLATE AUTHORITY
PROPER PROCEDURE FOLLOWED OR NOT.
ORDERS BACKED BY EVIDENCE ON RECORD OR
NOT.
PUNISHMENT COMMESURATES WITH GRAVITY OF
OFFENCE OR NOT.
MAINTAIN, AMEND OR REDUCE OR ENHANCE THE
PENALITY
GIVE SPEAKING ORDERS -WHO, WHAT FOR ,HOW,
WHICH ,WHY.
REVISON/REVIEW
THE PRESIDENT, OR
THE RLY. BOARD OR
THE G.M. OF A ZONAL RLY. OR AN AUTHORITY OF
THAT STATUS IN ANY OTHER RLY. UNIT
THE A.A.NOT LESS THAN THE RANK OF DY. HOD.
WHERE NO APPEAL HAS BEEN PREFERRED.
ANY AUTHORITY NOT BELOW THE RANK OF DY. HOD
OR DRM
ACTION BY REVISING AUTHORITY
PROPER PROCEDURE FOLLOWED OR NOT.
ORDERS BACKED BY EVIDENCE ON RECORD OR NOT.
PUNISHMENT COMMESURATES WITH GRAVITY OF OFFENCE
OR NOT.
CONFIRM, MODIFY OR SET ASIDE THE ORDERS, OR
CONFIRM, REDUCE, ENHANCE OR SET ASIDE THE PENALITY
IMPOSED OR
IMPOSE ANY PENALITY WHEN NO PENALITY HAS BEEN
IMPOSED.
GIVE SPEAKING ORDERS.
REVIEW
REVIEW IS NOT EMPLOYEE’S RIGHT ,
HOWEVER, HE CAN REQUEST FOR A
REVIEW IN CASE HE IS ABLE TO
PRODUCE AN EVIDENCE THAT WAS
LOST SIGHT OF IN THE PAST AND THAT
THIS NEW EVIDENCE CAN PROVE HIM
NOT GUILTY.
THE PRESIDENT MAY AT ANY
TIME EITHER ON HIS OWN OR
OTHERWISE REVIEW ANY ORDER.
