Railway
Board Order: Rule 5 of Railway Servants (Discipline and appeal) Rules,
1968 – Instructions regarding timely review of suspension
RBE No. 12/2015
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(D&A) 2014 RG6-35
New Delhi, 18.02.2015
The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).
Sub: Rule 5 of Railway Servants (Discipline and appeal) Rules, 1968 – Instructions regarding timely review of suspension
Rule 5 of the Railway Servants (Discipline and appeal) Rules, 1968
deals with the provisions of suspension. As per the rule, a Railway
servant may be placed under suspension in the following circumstances:
(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 Disciplinary Authority may also consider it appropriate to
place a Railway servant under suspension in the following circumstances.
These are only intended for guidance and should not be taken as
mandatory:-
(i) Cases where continuance in office of the Railway servant will
prejudice the investigation, trial or any inquiry (e.g. apprehended
tampering with witnesses or documents);
(ii) where the continuance in office of the Railway servant is
likely to seriously subvert discipline in the office in which the
Railway servant is working;
(iii) where the continuance in office of the Railway servant will
be against the wider public interest [other than those covered by (i)
and (ii)] such as there is public scandal and it is necessary to place
the Railway servant under suspension to demonstrate the policy of the
Government to deal strictly with officers involved in such scandals,
particularly corruption;
(iv) where allegations have been made against the Railway servant
and preliminary inquiry has revealed that a prima facie case is made out
which would justify his prosecution or his being proceeded against in
departmental proceedings, and where the proceedings are likely to end in
his conviction and/or dismissal, removal or compulsory retirement from
service.
3. In the first three circumstances the Disciplinary Authority may
exercise his discretion to place a Railway servant under suspension even
when the case is under investigation and before a prima facie case has
been established. Suspension may be desirable in the circumstances
indicated below:-
(i) any offence or conduct involving moral turpitude;
(ii) corruption, embezzlement or misappropriation of Government
money, possession of disproportionate assets, misuse of official powers
for personal gain;
(iii) serious negligence and dereliction of duty resulting in considerable loss to Railways;
(iv) desertion of duty;
(v) refusal or deliberate failure to carry out written orders of
superior officers. In respect of the types of misdemeanor specified in
sub-clauses (iii) to (v) herein above, discretion has to be exercised
with care.
4. Rules 5(6) and 5(7) of RS(D&A) Rules, 1968, deal with the
review of suspension cases. The provision of review within ninety days
is applicable to all types of suspensions. However, in cases of
continued detention, the review becomes a mere formality with no
consequences as a Railway servant in such a situation has to be
continued to be kept under deemed suspension. A review of suspension is
not necessary in such cases during this period. Therefore, in all such
cases the first review of suspension becomes due on completion of ninety
days counting from the date, the Railway servant was released from
detention, unless suspension has already been revoked. Subsequent
reviews shall become due before completion of currently continuing
period of suspension. During each such review, suspension can be
extended for a period not exceeding 180 days at a time.
5. It has come to notice that in cases of prolonged suspension
period, the courts have pointed out that the suspension cannot be
continued for long and that inspite of Railway Board’s instructions, the
Disciplinary Authorities are not finalizing the disciplinary
proceedings within stipulated time. Also, in such cases the Railway is
unnecessarily paying subsistence allowance without extracting any work
and if, on the culmination of the disciplinary proceedings, the charged
officer is exonerated from the charges, the Railway has to unnecessarily
pay the full salary and treat the period of suspension as on duty etc.
It is therefore, desirable that timely review of suspension is conducted
in a just and proper manner and that the disciplinary proceedings are
finalized expeditiously.
6. The zonal Railways etc. may bring the existing instructions on
timely review of suspension and expeditious completion of disciplinary
proceedings to the notice of all concerned.
7. Please acknowledge receipt.
(S. Modi)
Dy. Director Estt. (D&A)
Railway Board
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