THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President hereby makes the following rules, namely:-

THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

PART I

GENERAL

1. Short title and commencement.-

(1) These rules may be called The Railway Servants (Discipline and Appeal) Rules, 1968.

(2) They shall come into force on the 1^st day of October, 1968.

2. Definitions.-

(1) In these rules, unless the context otherwise  requires -

(a) "appointing authority" in relation to a railway servant means -

(i) the authority empowered to make  appointments to the service of which the railway servant is, for the time being, a member  or to the grade of the service in which the railway servant is, for the time being, included, or

(ii) the authority empowered to make appointments to the post which the railway servant, for the time being holds, or

(iii) the authority which appointed the Railway servant to such  Service, grade or post, as the  case may be, or

(iv) Where the Railway servant having been 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 the highest authority.

(Regarding Appointing Authority please see Rly Bd. letter E(D&A)86RG-12 dt 07-05-90,07-08-90,27-03-90.)

(b)  "Commission" means the Union Public Service Commission,

(c)  "disciplinary authority" means-

(i) in relation to the imposition of a penalty on a Railway  servant, the authority competent, under these rules, to impose on  him that penalty;

(ii) in relation to Rule 9 and  clauses (a) and (b) of sub-rule  (1) of Rule 11 in the case of any Gazetted Railway Servant, an authority competent to impose any of the penalties specified in Rule 6;

(iii) in relation to Rule 9 in the case of any non-gazetted  railway servant, an authority competent to impose any of the major  penalties specified in Rule 6;

(iv) in relation to clauses (a) and (b) of sub rule (1) of  Rule 11, in the case of a non-gazetted railway servant, an authority competent to impose any of the penalties specified in  Rule 6.

(d)  "head of the department" for the purpose of exercising  the powers as appointing, disciplinary, appellate or revising authority, means the authority declared to be head of the department in terms of clause (21) of Rule 103 of Volume I of the Indian Railway Establishment Code (Fifth Edition-1985);

[103(21) of IREC Vol-I ,�Head of a department means any authority which the President may by order declare to be the head of a department for the purpose of these rules�]

e) "Railway servant" means a railway servant as defined in clause 43 of Rule 103 of Volume 1 of the Indian Railway Establishment Code (Fifth Edition-1985) and includes any such railway servant on foreign service or whose services are temporarily placed at the disposal of any other department of the Central Government or a State Government or a local or other authority;

[103(43) of IREC Vol-I , �Railway servant means a person who is member of a service or holds a post under the administrative control of the Railway Board. It also includes a person who is holding the post of Chairman, Financial Commissioner or a Member of the Railway Board. Persons lent from a service or post which is not under the administrative control of the Railway Board to a service or post which is under such administrative control do not come within the scope of this definition. The term excludes casual labour.�]

(f) "Service" means a service under the Ministry of Railways;

(g) "Schedule" means a schedule appended to these rules.

(2) All other words and expressions used but not defined in these rules and defined in the Indian Railways Act, 1890(9 of 1890) shall have the meanings respectively assigned to them under that Act.

3. Application.-

1) These rules shall apply to every railway servant but shall not apply to -

(a) any member of the All India Services;

(b) any member of the Railway Protection Force as defined in the Railway Protection Force Act, 1957 (23 of 1957);

(c) any person in casual employment ; and

(d) any person for whom special provision is made, in respect of matters covered by these rules by or under any law for the  time being in force or by  under any agreement entered into by or with the previous approval of the President before or after  the commencement of these rules, in regard to matters covered by such special provisions.

(2) Not withstanding anything contained in sub rule (1), the  President may, by order, exclude any class of railway servants  from the operation of all or any of these rules.

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