Need for speedy finalization of disciplinary cases.

1. Of late, it has come to the notice of the Railway Board that on some of the Zonal Railways the disciplinary cases are not being finalized within a reasonable time resulting in severe hardship to the railway servants especially the retired ones whose pensionary benefits are withheld due to the pending disciplinary case.  Recently, a disciplinary case, which was received from one of the Railways more than 12 years after issue of the chargesheet, was referred to the CVC and the UPSC for their advice.  The inordinate delay in the case invited embarrassing and avoidable adverse comments from both the Commissions.  The UPSC have also desired that in future the delay in finalization of the disciplinary cases be justified while forwarding the cases to them for advice.

E[D&A]85RG6-21 dt.30.5.1985, E[D&A]86RG6-41 dt.3.4.1986, E[D&A]90RG6-18 dt.9.2.1990, E[D&A]97RG6-Monitoring[I] dt. 20.7.1998 & 28.1.2000 E[D&A]2000RG6-63 dt. 18.12.2000, E[D&A]2004RG6-14 dt. 2.7.2004.

2.       In this connection, attention is invited to Board’s instructions quoted in the margin whereby the need for speedy finalization of disciplinary cases has been emphasized from time to time. This has also been reiterated recently vide Board’s letter of even number dated 23.9.2008.  The Railways were also asked to develop a mechanism to monitor the disciplinary cases so as to avoid unnecessary delay.  This monitoring may be done both at Headquarter and Division/Workshop levels with special attention to the cases of the retired railway servants and those who are due to superannuate within one year.  Also, the cases which have not been finalized even after two years of issue of chargesheet should be reviewed immediately at sufficiently higher level at the Railway Headquarter and necessary guidelines be given to the concerned officers to finalise such cases immediately. 

3.        Despite the above, things have not improved as cases which are unduly delayed continue to be received in Board’s office  and that too in a sketchy and incomplete manner necessitating back reference resulting in further delay.  It has been noticed that often the delay in finalization of the disciplinary cases is because of non-fulfillment of certain provisions by the Disciplinary Authority and the Inquiry Officer.  To overcome this problem henceforth all the disciplinary cases may be routed through the Personnel Department at all important stages viz. issue of chargesheet, appointment of Inquiry Officer / Presenting Officer, supply of inquiry report to the Charged Officer and passing of final orders by the Disciplinary Authority.  

3.1        It is also seen in some cases that the inquiry proceedings are not conducted by the Inquiry Officer in accordance with the rules perhaps due to ignorance of the rules.  It is, therefore, necessary to make available a copy each of Board’s Master Circular No. 67 to the Inquiry Officer alongwith the appointment order.  This may be done invariably in all cases. 

4.         Also, a lot of time is lost in the pension cut cases as the Railways do not send all the requisite documents while sending the cases to the Board for Presidential consideration. For this purpose the Railways may scrupulously forward all the documents listed in the Check List sent herewith as Annexure.  All the documents may be sent either in original or as attested photocopy.           

5.            It is once again impressed upon the Railways that while forwarding cases to Board, care should be taken to ensure that all the requirements have been complied with and the checklist etc. are filled in complete in all respects to avoid back reference and consequent delay.  The time taken from the date of issue of chargesheet to the date of reference to Board may also be explained in detail to enable the same being conveyed to the UPSC.