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.