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Railway Servant (Discipline and Appeal) Rules 1968 (DAR Rules)

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Constitutional Provisions

  • Art 310 – Central Government employees hold their positions during the pleasure of the President, who is in control of their discipline.
  • Art 311(1) – No civil servant shall be dismissed or removed from service by an authority subordinate to the authority who appointed him.
  • Art 311(2) - No civil servant shall be dismissed or removed from service or reduced in rank without an enquiry in which he is informed of the charges against him and is given a reasonable opportunity to be heard about these charges. 

Principle of Natural Justice

  • This principle elaborate the reasonable opportunity which should be given to the charged employee . Chief Justice SR Sinha of the Supreme Court of India has suggested the following guidelines:
  1. Nobody can be a judge in his own cause.
  2. None should be condemned without being heard. 
  3. All decisions should be made in good faith.

Appointing Authority
In relation to a Railway employee it means
i) The authority to make appointments to the service of which the Railway employee is a member for the time being or to the grade or service in which for the time being he is included, OR
ii) The authority empowered to make appointments to the post which the Railway employee for the time being holds, OR
iii) The authority which appointed the Railway employee to such service grade or post, OR
iv) Where the Railway employee is a permanent member of any other service or having substantively held any other permanent post, has been in continuous employment under the Ministry of Railways, the authority which appointed him to that service or to any grade in that service or to that post whichever authority is highest.
Disciplinary authority
In relation to the imposition of penalty of a Railway employee, the authority competent to impose him a penalty will be –

  • In normal course - as per the schedule for this purpose.
  • For imposing a major penalty such authority will be Appointing authority
  • Any authority who can impose a penalty under DAR Rules can impose a minor penalty.
    For initiating a Disciplinary proceeding, an authority who is competent to impose a minor penalty may issue the chargesheet. But on finding out that the punishment required to be imposed is not within his competence he should forward the case to competent authority.

Inquiry authority

  • The official nominated by the Disciplinary authority to conduct disciplinary enquiry is the Inquiry authority. It could be the Disciplinary Authority itself or a single officer/supervisor or a committee of two or more officers.
  • This authority should be impartial, unconnected with the case and not lower in rank to the charged employee or the officer who held the fact finding enquiry except in Accident/Vigilance/SPE cases.
  • Where there is a case of sexual harassment, the Complaints Committee established for enquiring into it shall be deemed to be the inquiring authority.

Defence Councel

  • The charged employee may present his case with the help of another person who is known as Defence helper or Defence Councel.
  • Defence Councel could be another employee or a retired Railway employee or a Trade union official of a recognised union.
  • He should not be a legal practitioner and should not be associated with the case in his official capacity.
  • Nomination of Defence Councel should be made within 20 days from the date of appointment of Inquiry Authority.

 

Comments

iam trackman. my posting date

  • iam trackman. my posting date 21/08/2013. am working 6 days then iam absent 12 motnths not giving information in head qurters. present i am joining duty what are the action taken to me.please help

iam trackman. my posting date

iam trackman. my posting date 21/03/2014. am working 6 days then iam absent 6 motnths not giving information in head qurters. present i am joining duty what are the action taken to me.please help.

 

You will be given Charge

You will be given Charge sheet SF5 or SF 11. Then there will be an enquiry by a Railway officer and you will be asked to submit your explanation. The punishment is based on the explanation as decided by the Disciplainry officer. Normally it can be an increment cut for 2 or 3 years. That menas 2 or 3 years your salary will not increase.

But if the Disciplianry officer wants he can remove you from service also.

R/sir i am a trackman. my

R/sir
i am a trackman. my service length is 1.5yrs. i imposed sf 11 and my pass is stopped. so i want to know what are the effect in feature in promotion or any problem if any one. is there any way to protect himself from this penalty. is there rule in rly to give sf 11 without div.training. in div.training my teacher said there is no rule to impose charge sheet without div.training. before imposing sf 11 , i am not know about it. pls reply me

Dear Sir, Is it possible for

Dear Sir,

Is it possible for the Disciplinary Authority to have a Personal Hearing with CO along with his Defence Helper, before taking any final decision  in the enquiry report? f yes, kindly state the corresponding rule/railway board orders.

Dear sir Kya kisi training

Dear sir
Kya kisi training technician ko sf 11 charge sheet diya ja sakta hai

For DAR rules ") Railway

For DAR rules ") Railway servant means a person who is a member of a service or holds a post under the administrative control of the Railway Board. " Casual Labour is excluded, but not trainees.

& my mail ID is

& my mail ID is ranveer.yadav65@gmail.com

dear sir the order of high

dear sir the order of high court is learned for the respondent state -state while placing on record the custody certificate does not dispute the custody period.

               after hearing learned counsel for the parties and keeping in view the facts and circumstances of the case and the fact that the case of the applicant - appellant is covered by the parameters laid down in Dharampal`s case (supra) and the fact that it is 2010 appeal which is not likely to be heard in near future, we deem it appropriate to be suspend the sentence of the applicant- appellant ranbir, during the pendency of present appeal.

                bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Narnaul.

order of the Punjab & haryana high court dated 16.05.2014

the railway department dismissed  me on dated 13.08.2012.

Rigorous Imprisonment  for life on dated 18.08.2010. can i resume the duty.

Railway DAR action is taken

Railway DAR action is taken parellel to court verdict. It is based on departmental findings. But you can file a review of your case to Department.

Please help me dear sir i am

Please help me
dear sir i am working in railway telecom department. i am dissmised from railway in offiance 302 IPC & life time impersment by the trail court. punjab & haryana high court order on dated 16/05/2014 for bail.can i resume the duty

Since you are imprisoned by

Since you are imprisoned by court Railway wont take you back unfortunately.

PLEASE HELP ME........am

  1. PLEASE HELP ME........am karthik and my dad is working as a senior gate keeper in madurai east,he is having 28 years service.please read my full message and i dont know whether posting here is right or not  but i need justice so please help me.for the past few years my dad is being torchured mentally by the co employees , the supervisor and some other gate keepers.my dad wont get any bribe and he don have any habits and he is one of the employee who follows all railway rules.as per railway rules no public people is supposed to enter into the gate  during the duty time. but actually on my dad gate in that area one money lender is there and he lends money to everyone for interest,except my dad those 3 employees receive money from the lender and they allow into the gate during their duty time.but my dad wont allow anyone because of this that local guy joined with the 3 employee and made a plan to make my dad to transfer to a long distance,till now no black mark for my dad received.i talked with one of the employee, i talked in a polite manner but he using abusive language and speaking bad about my dad not only that in a blank paper he forcefully made some of the public people to sign without any reason,though they received money from the lender without knowing anything they signed and now they filled up badly about my father and black mailing him that you must get out of the gate , we will do anything for that.but some good minded hearts in some gate informed by dad also some of the public said some employee acting against you to make you out of the gate so as to make the money lender enter into the gate full time.
  2. my dad worked hard and made me study MBA though he didnt allowed to study by his father.now am MBA gold medalist student and working in Mercantile bank as Asst manager.as a elder son i have responsibility to take care of my parents,my mother only involving in this issue and she already have lot of problems to manage.my dad still having 5 years for retirement,but they are doing like this i dont know where to go because they make the officers believe by showing the fake report and except those employees all are supporting my dad but because of fear they are not saying anything out.i need help please if this problem get solved only i can concentrate on my work.how much hard my parents made me study i know.even my dad is forcefully do the duty for continuous 3days in the gate, no one will come to replace him.he have many leaves to avail but the supervisor wont give him leave as he also part of that team.my dad will report at exactly 8am in morning but others in the gate will come at 9.30.if my dad come one minute late they scold badly and wont give duty to pursue,he is coming from a long distance in cycle.but others are not like that.kindly help me in this issue who to contact and what to do..as a son am asking all of you...i need my dad..am not asking for my dad am asking for justice for a normal human being, if they torchuring mentally like this how can he perform his duty in the gate, if anything goes wrong then he will be responsible for that.till now he managed but now he is 56 he cant act mentally,we are only for him and for us he is only the pillar of my home.please help me ...my mail id is towardsaim.chida@gmail.com ...the money lender says if he come out he will beat my dad and kill him, for a govt employee there is no support and there is no guarantee for his life. if any thing happens to my dad i will make this as a national issue,but as per my family situation we are not in a stage to do those.so please help me and do the needful.

Sir, i had given CA/TA exam

Sir, i had given CA/TA exam second stage but the thump pad given at the exam center is not dark so i had put the thumb impression but it is not so dark that can be read when we had asked for another thumb pad the invigilator said that rrb will not reject the whole room candidate for the light thumb impression can you tell me want can happen  whether we will be selected i our thumb impression is light

As he said this is not a big

As he said this is not a big problem..

Respected Sir, I want to know

Respected Sir,
I want to know what are the punishment and penalty getting SF-7.

SF-7: It is a Standard Form

SF-7: It is a Standard Form issued in relation to the appointment of an Inquiry officer in the case of Charge Sheet for Major Penalties.SF-7 is not related to any penalty.

Thanks a lot  for your kind

Thanks a lot  for your kind information regarding D&A rule 1968.sir,the rules says just a retired railway employee,it doesn't say the same zone retired employee, yes its correct but i would like to request you that in this connection recent amendment had been done in Govt.of India DOPT.

 it is stated that the already been superseded through Govt of India DOPT OM No. 11012/11/2002-Estt.(A) dated 5th Feb 2003 notified to all Govt deptt including Railways .

so humbly request  please send me  detail of above said DOPT OM s on retired same railway employee appoint as defense counsel. In this connection please advise me.

Ahuja Sir, My father was

Ahuja Sir,
My father was unauthorizedly absent and removed from service and he expired within 10 days after his punishment order came by postal and went back to railways without acknowledgement since he died. Then I went to CAT and CAT given statement in my favor and asked the railways to give the benefits and CG appointment within 2 months, but it is 4th month.  I put an application for dues and CG appointment to DRM, but there is no reply from them, i do not know either they are going to appeal in high court or they are accepting the CAT.

Can i ask railway about my case (reply) through information act.

 or how long i should wait for their reply.
 

 Is there any time frame for them to appeal in high court if so how many months.  If there is no time limit for them to take action what should u suggest me in this situation.
After how many months or years they should not go to high court.

SEEK INFORMATION UNDER RTI

SEEK INFORMATION UNDER RTI Act. Dear Ahuja, first seek information about the status of your application requesting for appointment on compassionate grounds.If the information is not favourable to you, try to file a Contempt petition in CAT.

What is the Pay scale of

What is the Pay scale of Sr.Mate (P.way) in Indian Railway of 6th Pay commission ? 

Thanks a lot  for your kind

Thanks a lot  for your kind information regarding D&A rule 1968.sir,the rules says just a retired railway employee,it doesnt say the same zone retired employee, yes its correct but i would like to request you that in this connection recent amendment had been done by railway board .so humbly request  please send me  revised rules letter no.of railway board or a copy of  letter  for evidence in my friends D&A case.

Defense Council could be

  • Defense Council could be another employee or a retired Railway employee or a Trade union official of a recognized union as per D & A rules 1968.
  • So the recent amendment in this rules is, the retired other zonal railway employee would be assist as a defense council or ARE in d&a case. please send me railway board letter/letter no. in connection with above subject.

Rule says just a Retired

Rule says just a Retired railway employee. It doesnt say the same zone Retired employee. So he can be from any Zonal railway.

what is the effect of minor

what is the effect of minor penalty proceedings on promotion i) under progress, ii) after imposition of penalty?

EFFECT OF MINOR PENALTY ON

EFFECT OF MINOR PENALTY ON PROMOTION: Dear B.N.A.Murthy, there are various kinds of minor penalties. So,the effect of a minor penalty on promomotion depends on the kind of the penalty imposed.

You will be kept on the

You will be kept on the promotion panel, but the promotion will take effect only after the disposal of the proceedings. After imposition there will be no effect.

One employee was issued major

One employee was issued major penalty of Removal From Service for unauthorized abscence.

and the person died before acknowledging the punishment order, but the administration said they have sent two copies to permanent and temporary address (railway quarters) in which the employee is residing for 20 years but they sent the railway quartets address wrong as well as the removal from service is effective from 31/07/2009 and they sent the order to the employee through post only on 03/08/2009 before the employee sign the punishment order the removal from service is effective. and after that they put the punishment order in notice board and closed the case, but the employee died before acknowledging the punishment order or seeing it in the notice board.

The employee is my father and i would like to know if the punishment order did not serve on the employee and he did not acknowledge it,  

is there any rule like the punishment will be set aside.  Please give details clearly sir.

 

Thank you very much in advance. 

DATE OF EFFECT OF PUNISHMENT:

DATE OF EFFECT OF PUNISHMENT: Dear Bhargav Kumar, the punishement will take effect from the date which has been mentioned in the penalty advice, even if the penalty advice was despatched at a later date. There is no chance for getting the penalty SET ASIDE on this ground.

What is Contempt petition.(to

What is Contempt petition.(to DRM)
What is Caveat petition.(to high court)
Can u please explain in detail sir. 
 
Thanks in advance

A petition filed in the court

A petition filed in the court praying not to pass an injunction order without hearing the petitioners plea is called Caveat petition.
Caveat is an application addressed to the registrar of aHigh Court or Supreme Court requesting that no order with regard to a suit in the court may be passed without giving notice to the applicant/caveator. The advantage of such application/caveat is to avoid any ex-parte order in any matter.
Contempt Petition is given where contempt of order of a court happen.

Sir, one employee was issued

Sir, one employee was issued with Major penalty Charge memo SF-5 during April 2010. The enquiry was completed in Dec 2010. The EO submitted as charges not proved. The Disciplinary Authority issued the copy of the Enquiry Report to Charged employee during June 2011 calling for the remarks of the Charged employee raising certain points. The re[ply was submitted in June 2011 itself. The employee has also reported the matter to Appellate Authority during Sep 2012. But so far no action has been taken either by DA or AA. The case is supposed to be finalized within 20 days after receiving the Enquiry report. Is the case has life even now? How to solve this problem?

Seek information under RTI

Seek information under RTI Act 2005: Dear Guest,you can seek informatipn about the status of your case through RTI Act,2005.

Sir, Can A Senior Scale

Sir, Can A Senior Scale Officer issue SF-II to staff with Gr. Pay 4200/- in divisional HQ. If no, kindly guide for referance please

Sr.Scale officer cannot

Sr.Scale officer cannot exercise his diaciplinary powers on employees drawing GP 4200: DearB.Kumar,RB has amended the DAR vide R.B.E.No. 10/2011 dated 19.01.2011. As per item 3 under Schedule -II, a Sr.Scale officer can issue SF-11 ONLY TO STAFF DRAWING GRADE PAY UP TO 2800.

what are the privileges

what are the privileges during suspension of a retired employee

is any railway employee who

is any railway employee who is claiming handicapped allowance will be entitled to work as ac attendent in ac coaches of railways, kindly clarify the rule for the same, as is it safe to send handicapped employee from leg for escorting duty as ac attendent to operate ac equipments in ac coaches of train

Sir, minor penalty charge

Sir,

minor penalty charge sheet (S.F-11) is awarded to one of my colleague, Whether fact finding enquiry is a must before giving a charge sheet?

FACT FINDING ENQUIRY IS NOT

FACT FINDING ENQUIRY IS NOT NECESSARY BEFORE ISSUING SF-11: Dear Pradyut Mukherjee, SF-11 is normally issued only on the basis of the report sent by the immediate superior of the employee. Hence fact finding enquiry is not necessary before issuing SF-11

No. If employee accepts his

No. If employee accepts his responsibility there is no need of fact finding enquiry.

Sir , Im  working as STE .

Sir , Im  working as STE . There are punishment  me WIT of one year in 2009. But my increement not hold, up till now. who is defaulter in this case.Now my permotion is held up due to same problem.kindly tell me rule about it.  THANKS 

Please enlighten that weather

Please enlighten that weather a "REPORTING OFFICER" can be the "ENQUIRY OFFICE" in case of D&A case.
Since mentioned above that,

"This authority should be impartial, unconnected with the case and not lower in rank to the charged employee or the officer who held the fact finding enquiry except in Accident/Vigilance/SPE cases."

In this case a reporting can neigther be biased nor he is unconnected with the case.

If So please give me a link or a document that I can provide to prove this fact...! 

 

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