R.B.E. No. 238/2001 

Subject: Imposition of a minor penalty by the Disciplinary Authority after consideration of Charged Official's statement of defence to the major penalty charge-sheet.

                                                              [No. E(D&A)2001/ RG 6-37, dated 13.12.2001]

             Attention of the Railways is invited to Rule 9(9)(a)(iv) of RS (D&A) Rules. In terms of the provisions contained therein, if the Disciplinary Authority, after consideration of the written statement of defence with reference to the major penalty charge memorandum, is of the opinion that 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 previous of sub-rule (2) of Rule 11. 

2.   A case has come to the notice of this Ministry where, after considering the statement of defence of Charged Official to the major penalty charge-sheet, the Disciplinary Authority decided to impose a minor penalty. A minor penalty was thereafter straightaway imposed without first dropping the major penalty proceedings. 

3.   The above procedure is not in conformity with the rules as mentioned above. It is clarified tat, while taking action under Rule 9(9) (a) (iv) of RS (D&A) Rules, the Disciplinary Authority should record his speaking order as to why major penalty proceedings are dropped, after consideration of the statement of defence of the charged officer and as part of the further orders, the Disciplinary Authority should also impose one of the minor penalties indicating grounds for imposition of the same. Thus, the single speaking order of the imposition of the minor penalty in terms of the said rule. As is clear from the above rule, it will not be necessary to give the Railway servant any further opportunity of making representation before such a penalty is imposed. 

4.   It is desired that the position brought out in para 3 above be brought to the notice of all concerned on your Railway for their guidance and strict compliance.