Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968: Railway Board orders to follow proper procedure
No.E(D&A) 2017 RG6-21
The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).
Sub: Rule 14(ii) of Railway Servants (D&A) Rules, 1968 —Following of proper procedure regarding
Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968, which emanates from the provisions contained in clause (b) of the second proviso to Article 311 (2) of the Constitution of India, lays down special procedure for imposition of penalties in situations where the disciplinary authority is satisfied, for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules.
3. Notwithstanding above, instances of non-adherence to the aforesaid instructions/clarifications have been brought to notice of this Ministry.
4. In view of above, the afore-mentioned instructions/clarifications are emphatically reiterated. All zonal Railways/production Units etc. are directed to bring it to the notice of the disciplinary/appellate/revisionary authorities that, whenever it is proposed to invoke action under the aforesaid Rule 14 (ii), it is imperative that all the instructions mentioned above in this regard are followed scrupulously so as to ensure that the action is not found wanting in compliance of:
(i) the mandate under the clause (b) of the second proviso to the Article 311 (2) of the Constitution of India,
(ii) of the provisions contained in the aforesaid Rule 14(ii), and
(iii) of the related subsidiary instructions/clarifications.
5. Hindi version will follow. please acknowledge receipt.
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