DAR Course
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Transcript of DAR Course
Introduction
Discipline &Appeal Rules and
Annual Confidential Reports are the most effective tools to
control the subordinates
D&AR should be the last remedy to control the staff
Apply full logical mind before going for the D&AR option.
No remedy should be left but for resorting to D&AR action
Educate/coach/motivate the staff in the areas of their working and update their skills.
Warn/written displeasure to be tired in the normal situations
If no scope of improvement or involved in a serious case come to a logical conclusion
After full APPLICATION OF MIND ABOUT MINOR OR MAJOR PENALTY
THERE SHOULD NOT BE ANYSITUATION OF GOING FOR A
DAR ACTION IN HURRY WITHOUTAPPLICATION OF MIND
ONCE AGAINGO THROUGH THE RULES
IF NOT SO SURE
Rule 11PROCEDURE FOR IMPOSING MINOR PENALTIES
INFORM IN WRITING OF INTENTION TOTAKE ACTION. STATEMENT OF IMPUTTIONS
OF MIS-CONDUCT OF MIS-BEHAVIOURTO BE MADE AVAILABLE
REASONABLE OPPORTUNITY OF MAKINGREPRESENTATION
HOLD INQUIRY AS PER RULE 9(6) TO (25)IN CASE D.A. IS OF THE OPINION THAT
INQUIRY IS NECESSARY (use SF 11/b)
RECORD FINDINGS ON EACH IMPUTATIONS OF MIS-CONDUCT
OR MISBEHAVIOURWherever needed consult
UPSC
In case punishment withholding of increments(1)with cumulative effect, (2) for a period morethan 3 years and (3) adversely affecting pension
DAR inquiry – sub rules (6) – 25 of Rule 9
Take decision by passing reasoned speaking order giving basis for the findings of the
Disciplinary authority in respect ofeach charges
MINOR PENALTIES
(i)Censure(ii) Withholding of promotion for a specified period
(iii) Recovery from pay of the whole or part of any pecuniary loss caused to the Government or
Railway administration by negligence or breachof orders
(iii-a) Withholding of the Privilege Passes or Privilege Ticket Orders or both;
(iii-b) reduction to a lower stage in the time scale of pay for a period not exceeding three years,
without cumulative effect and not adverselyaffecting his pension
(iv) Withholding of increments of pay for a specified period with further direction as to whether on the
expiry of such period, this will or will not have the effect of postponing the future increments of pay
MAJOR PENALTIES
(v) Save as provided for in clause (iii-b), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether on the expiry of
such period, this will have or not have the effect of postponing the future increments
of pay
(vi) Reduction to a lower time scale of pay,grade, post, or service, with or without further directions regarding conditions of restoration to
the grade or post or service from which theRailway servant was reduced and his seniority and pay on such restoration
to that grade, post of service;
(vii)Compulsory retirement;
(viii) REMOVAL from service which shall not be a disqualification for future
employment under the government or Railway administration
(ix) Dismissal from service which shall ordinarily be a disqualification for
Future employment under the Government of Railway administration
Rule No.1
Short time and commencement
(1) These rules may be called THE RAILWAY SERVANTS (Discipline & Appeal) RULES 1968
(2) THEY SHALL COME INTO FORCE ON THE 1ST DAY OF OCTOBER, 1968
AMENDMENTS HAVE BEEN MADE FROM TIME TO TIMELAST BEING NO.E(D&A)2001 RG6-29 DATED 31-10-01 GSR/617 DT 24/11/01
RULE NO.2 DEFINITIONS
APPOINTING AUTHORITYAUTHORITY EMPOWEREDTO MAKE APPOINTMENT
TO THE GRADE OR SERVICE ; OR AUTHORITY WHICH APPOINTED TO THE GRADE, POST
OR SERVICEWHICHEVER AUTHORITY IS HIGHEST AUTHORITY
(if no proof regarding appointment of a Group “C” or “D” employee GM becomes appointing authority)
Commission means Union Public Service Commission
DISCIPLINARY AUTHORITYAUTHORITY COMPETENT TO IMPOSE THE PENALTY
Authority competent to impose any of the penalties as specified in rule 6 on gazetted officers
Non-gazetted staff in relation to rule 9 those authorities who Is competent to impose any of the major penalties
Non-gazetted staff in relation to rule 11 those authorities whois competent to impose any of the minor penalties
Head of the Department
Railway ServantsService means a service under the
Ministry of RailwaysSCHEDULE means a schedule
appended to these rules
Rule 3 - APPLICATION
APPLIES TO ALL RAILWAY SERVANTSE X C E P T ANY MEMBER OF ALL INDIA SERVICERPF PERSONNEL ANY PERSON ON CASUAL EMPLOYMENTANY PERSON FOR WHOM SPECIALPROVISIONS EXISTS
PRESIDENT EMPOWERED TO EXCLUDEANY RAILWAY SERVANT FROM THE
OPERATION OF ALL OR ANY OF THESE RULES
RULE NO.4AUTHORITIES COMPETENT TO PLACE RLY. EMPLOYEES UNDER SUSPENSION
SPECIFIED IN SCHEDULES I, II and IIIEXCEPTIONAL CIRCUMSTANCES ANY AUTHORITY SPEFICIED IN ANYOF THE
SCHEDULES MAY PLACE ANY SUBRODINATE RAILWAY SERVANTS
SPEFICIED THERE IN UNDER SUSPENSION
SUCH AUTHORITY FORTHWITH REPORT REPORT TO THE AUTHORITY COMPETENT
TO PLACE SUCH RAILWAY SERVANTS UNDER SUSPENSION, CIRCUMSTANCES
IN WHICH ORDER WAS MADE AND OBTAIN HIS APPROVAL
COMPETENT AUTHORITY SHALL BE DETERMINED WITH REFRENCE TO
OFFICIATING POST AT THE TIME OF TAKING ACTION ON RLY. SERVANT
SUSPENSION : USE : S.F. 1DEEMED SUSPENSION: USE : SF-2CERTIFICATE FROM SUSPENDED RAILWAY EMPLOYEE: USE : SF-4
REVOCATION: USE : SF-4
SUSPENSION SUSPENSION WHAT IS SUSPENSION ?WHY DO WE SUSPEND AN EMPLOYEE ?
SUSPENSION may BE RESORTED TOONLY ON THE FOLLOWING GROUNDS :-
* WHEN DISCIPLINARY PROCEEDING IS CONTEMPLATED OR PENDING.
* INVOLVED IN ACTIVITIES THAT ARE PREJUDICIAL TO THE SECURITY OF THE STATE.* INVESTIGATION OR UNDER TRIAL FOR AN CRIMINAL OFFENCE.
ORDERS EFFECTIVE after ACKNOWLEDGEMENT
DEEMED SUSPENSIONDEEMED SUSPENSION
WHAT IS DEEMED SUSPENSION ?IS IT DIFFERENT FROM SUSPENSION ?
DEEMED SUSPENSION RESORTED TO IF :
- IN CUSTODY FOR A PERIOD BEYOND 48 HRS.- CONVICTED/IMPRISIONED BEYOND 48 HRS.- REINSTATED on APPEAL, REVISION, REVIEW OR BY ORDERS OF CAT OR COURT
BOARDS LETTER NO; E(D&A)85RG 6-15 OF 16.4.85 AND E(D&A)86 6-19 OF 21.3.86 VERY CLEARLY SAYS THAT SUSPENSION SHOULD BE FOLLOWED BY A MAJOR PENALTY OTHERWISE THE ENTIRE PERIOD IS TO BE
TREATED AS DUTY FOR ALL PURPOSE.
ENTITLEMENTS DURING ENTITLEMENTS DURING SUSPENSIONSUSPENSION
SUB .ALLOWANCES
• SUBSISTENCE ALLOWANCE.• REVIEW (1ST AFTER 3 MTHS). • D.A. ON SUBSISTENCE ALLOWANCES.• PASSES - 1/2 Numbers FOR GAZ. and 1 TO N.G., IF NOT AVAILED.• P.L.B. - PAYABLE ON RESUMPTION.• MEDICAL FACILITIES INDOOR AS WELL AS OUTDOOR.• CAN ACT AS DEFENSE COUNSEL.• CAN BE ELECTED AS OFFICE BEARER OF A UNION.• CALL FOR SELECTIONS/ TR ADE TEST NON- SELECTIONS - RESULTS - SEALED COVER• CAN LEAVE HQRTS - WRITTEN PERMISSION • NO TYPE OF LEAVE TO BE GRANTED
SUBSISTENCE ALLOWANCESUBSISTENCE ALLOWANCE SURVIVAL
EQUAL TO HLAPDEDUCTIONS
MINIMUMCOMPULSORY
OPTIONA L NON-DEDUCTABLE
.
OVERPAYMENTS - DISCRETIONARYREPORT TO DUTY ONLY AFTER ISSUING SPECIFIC
REVOCATION ORDERS - FORM NO:- 4
Rule No.7 – Disciplinary authorities
Rule No.8 – Authority to institute proceedings
President or any other authority empowered by him, by general or special order may
(a) Institute disciplinary proceedings against any Railway Servant
(b) Direct a disciplinary authority to institute disciplinary proceedings against any Railway servant
Before issuing a CHARGESHEET ensure you are in possession of
SSWW OO RR DDFFENDER ULES VIOLATEDOCUMENTS
RELIED UPONTATEMENTS OFALL WITNESS
Statement of Article of chargesStatement of imputations of misconductor misbehaviour(mention any admissions)
LIST OF RELIED UPON DOCUMENTS
LIST OF WITNESSSIGNSIGN EACH AND EVERY EACH AND EVERY
PAGE ATTACHED TO THE CHARGESHEETPAGE ATTACHED TO THE CHARGESHEET
ITNESS
THE 4 ANNEXURES OF A CHARGESHEET ARETHE 4 ANNEXURES OF A CHARGESHEET ARE
FRAMING OF CHARGESHEETFRAMING OF CHARGESHEETLANGUAGE (C.S.P.F.)
RULES OR ORDERS VIOLATEDSEPARATE CHARGES
AVOID TO INCLUDE MATTER DECIDEDCORRECT NAME AND DESIG.OF CHARGED OFFICER ANDDISCIPLINARY AUTHORITY
Charge sheet can be prepared in Hindi or English
Rule No.9Procedure for imposing MAJOR PENALTIES
Rule No.9 and 10 and
Public Servants (Inquiries) Act 1850.
1. DA inquire into the charges2. Appoint Board of Inquiry
(Senior member to be Presiding officer, None shall be subordinate to another member)
3. Appoint an Inquiring authority
Give 10 days time to C.O. for submission of defence. If the authenticated copies of RUDs not supplied with
the charge sheet allow C.O. to peruse within 10 days Of receipt of charge sheet and 10 more days time for submission of defence. Can take assistance of Asstt. Railway Employee at this stage itself
CO can demand for (1) Witnesses to be examined from his side(2) Further documents to be examined
(CO has to indicate the relevancy/custodian of documents)
If the charges are admitted at the defence stageDisciplinary to record findings of each charge,Can take further evidences, if circumstances Warrants. Deal further as per rule No.10
If convinced drop the charges and intimate within1 month
If partly convinced about innocence and partlynot either go ahead with Inquiry or Inflict anyMINOR PENALTY not attracting provisions of sub-rule (2) of Rule No.11
No defence Order ex-parte Inquiry
Appoint IO – standard form No.7Appoint PO (Optional) – Std.Form No.8
INQUIRYINQUIRY
LETTER TO C.O.- ATTEND WITH D.C. C/- WITNESS, C.O., D.A - ONLY 2 POSTPONMENTS. GIVE D.P.T
MAKE C.O. FEEL AT EASE - 5 COPIES OF D -D-P SIGNED BY C.O., I.O. & D/C AND P.O, IF ANY
INFORM D.A ABOUT PROGRESS OF THE CASE.
POINT OUT REPLIES GOING AGAINST CHARGED OFFICER BEFORE CONCLUDING THE INQUIRY .SUBMIT FINDINGS - 3 COPIES ( 2- D.A 1- O.C.) - INCLUDE ADDITIONAL CHARGE ONLY IF OPORTUNITY GIVEN TO DEFEND that CHARGE
PROCEDURE FOR CONDUCT OF PROCEDURE FOR CONDUCT OF INQUIRYINQUIRYP.A.
WITNESSC.O
I.OD.C
PRELIMINARY INQ. I.O. TO C.O 5 QUESTIONS - EXHIBITS PW/PD
EXAMINATION-IN-CHIEF I.O TO WITNESS - SHOW s STATEMENT AND INTRODUCE DOCUMENTS as EXHIBITS SAY IN OWN WORDS. REQUESTS FOR ADDLITIONAL DOCUMENTS OR WITNESSES TO BE CONSIDERED IF RELEVANT OR REFUSE ON FORM 6
X’EXAMINATION CO/DC TO WITNESS I.O. TO NOTE ANSWERS FOR AND AGAINST
RE-EXAMINATION , IF ANY
INQUIRY NOT NECESSARY - when ?INQUIRY NOT NECESSARY - when ?
1. CHARGES ADMITTED - WITH OUT QUALIFICATION
2. ON CONVICTION ON A CRIMINAL CHARGE - 14 (i)
3. WHERE D.A. IS SATISFIED THAT
- IT IS NOT REASONABLY PRACTICAL TO HOLD INQUIRY
- REASONS TO BE RECORDED - 14 (ii)
4. WHERE PRESIDENT IS SATISFIED THAT - IN THE INTEREST OF SECURITY OF STATE, IT IS NOT EXPEDIENT TO HOLD AN INQUIRY - 14 (iii)
DIALATORY TACTICS BY C.O. & D.C.DIALATORY TACTICS BY C.O. & D.C.1. REP. AGAINST BIAS - SUBMIT TO Revisionery Authority.2. NON-AVAILABILITY OF D.C. IN PRE. - DEFENCE WILL NOT BE PREJUDICED3. NOT GIVING PARTICULARS / DOCUMENTS FOR INSP. - INSIST ON FULL PARTICULARS AND RELEVANCE4. GIVING NAME OF D.C. WITH OUT ACCEPTANCE CERT. - INSIST ON CERTIFICATE 5. ASKING FOR ADJOURNMENTS ON FILMSY GROUNDS - BE REASONABLE BUT FIRM6. DELAY in submitting WRITTEN BRIEFS - STICK TO PRESCRIBED DATE7. RESORT TO COURT PROCEEDINGS - PROCEEDINGS TO BE STAYED ONLY ON STAY by Court/CAT8. GROUNDS OF ILLNESS - VERIFICATION OF GENUINENESS9. NON ATTENDANCE OF D.C. - REASONABLE LIMITS BUT NOT FOR CONVENIENCE