Departmental proceedings and prosecutions in case of Railway servants involved in criminal misconduct

1.             In Board’s letter No. E54 RG6-32 dt.23.11.55, it was, inter alia, laid down that as soon as sufficient evidence is available in cases of criminal misconduct by Railway servants, disciplinary proceedings under the Discipline and Appeal Rules should be initiated forthwith and that after the departmental proceedings are concluded and the penalty, if any, imposed as a result thereof, criminal proceedings should be initiated in suitable cases.  Later, instructions were issued that in certain types of S.P.E. cases prosecution should precede departmental action, vide Board’s letter No. E59VG1-30 dated 6/9-3-1959.

2.         In modification of the above instruction, the Board have decided that prosecution  should be the general rule in all those cases which are found fit to  be sent to Criminal Court after investigation and in which the offences are of bribery, corruption or other criminal misconduct involving loss of substantial public funds.  In such cases, departmental action should not precede prosecution.  In other cases involving less serious offences or involving mal-practices of a departmental nature, departmental action only should be taken and the question of prosecution should generally not arise.  Whenever, however, there is unresolved difference of opinion between the Central Bureau of Investigation and the administrative authority concerned as to whether prosecution in a court or departmental action should be resorted to in the first instance, the matter should be referred to the Board who will consult the Central Vigilance Commission for advice.