Discipline and Appeal Rules (DAR) Penalties
- Withholding of promotion for a specific period.
- Recovery from pay whole or part of any pecuniary loss caused to the Railway administration by his negligence etc.
- Withholding of Passes/PTOs or both
- Reduction to lower stage in time scale of pay by one stage for not more than 3 years without cumulative effect and not adversely affecting his pension.
- Withholding of increments (with or without cumulative effect).
- Reduction to a lower stage.
- Reduction to a lower time scale, grade, post or service.
- Compulsory Retirement.
Following are not penalties :
- Withholding of increment for failure to pass the required departmental examination.
- Stoppage at efficiency bar for failure to cross it.
- Non-promotion when eligible and considered but not found suitable.
- Reversion to lower past, gradeor service when considered unsuitable after promotion.
- Reversion at the end of probation as per rules of probation.
- Replacement when services are borrowed from another department.
- Compulsory retirement as per rules.
- Termination after probation or other conditions made as per the service agreement.
- Discharge for inefficiency, for failure to pass the standard of physical fitness or reduction of employment.
Procedure for imposing Major penalties
- Issue of memorandum of charges in SF5 and provide copies of documents for their inspection.
- Obtain and consider statement of defence.
- Appoint enquiry officer if charges are not admitted. Send records of the case to the Inquiry Officer.
- Inquiry Officer will allow a defence counsel where asked for. Additional documents when relevant should be allowed. Perusal and extracting from the list of documents relied upon should be permitted.
- Inquiry Officer will decide modalities of enquiry, decide defence witnesses to be called for, fix calendar for inquiry and sort out other priliminary matters.
Procedure for conducting enquiry
- The charges will be explained to the charged employee. Documents may be produced as required.
- The charged employee will be asked to state if he accepts or denies the charge. Also if he will take a defence counsel or will defend himself.
- The prosecution witnesses cited in the chargesheet will be examined each one seperately. Then cross-examination of each witness by the charged employee or his counsel. Re-examination on any point of cross-examination may be done if necessary.
- Defence witnesses if any may then be examined, cross-examined or re-examined.
- The charged employee will be permitted to state his defence.
- Inquiry authority may question the charged employee on the circumstances appearing against him in the evidence.
- The charged employee will be permitted to file written briefs.
- Based on evidence on record, Inquiry Officer shall draw his findings and Inquiry report and send it along with records of case and records of inquiry to Disciplinary authority.
- A copy of the inquiry report shall invariably be given to the charged employee and his defence if submitted should be considered before any further action is taken.
- Disciplinary authority shall consider the report and may accept it or draw his own finding or remit it or order fresh inquiry.
- If it is decided to impose a penalty which is within his competence the Disciplinary authority shall issue notice of imposition of penalty otherwise forward the case to competent authority. In all cases where consultation of UPSC is necessary it should be consulted.
Procedure for imposition of Minor Penalty
- A memorandum in Standard From 11 shall be issued.
- On receipt of defence of the employee a minor penalty may be imposed by the disciplinary authority.
- However in following cases an inquiry as for a major penalty shall be conducted.
- Withholding increments for a period exceeding 3 years.
- Withholding increment with cumulative effect for any period.
- Withholding promotion.
- When the penalty will affect the retirement dues of the employee.
- Where the disciplinary authority feels that a detailed enquiry has to be conducted.
Ex parte Inquiry
- All the procedures as laid down will be followed except that the employee does not present himself and does not respond to communications.
- It may be done when the charged employee refuses to participate despite repeated sittings, but not when he is submitting Medical Certificate of sickness.
Special procedure to be followed in case of
- Penalty imposed for conduct which has led to conviction on a criminal charge.
- Disciplinary authority is satisfied for reasons to give in writing it is not practical to hold an enquiry according to rules.
- When the President is satisfied that in the interests of the security of state it is not expedient to hold an enquiry as per rules.