R.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 1st day of October, 1968.

R.2 Definitions.

       (1) In these, unless the context otherwise requires,--
       (a). "appointing authority" in relation to 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

R.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 or 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) Notwithstanding anything contained in sub-rule (1) the President may by order exclude any cla

R.4 Authorities competent to place a railway servant under suspension.

       The authorities, who are competent to place a railway servant under suspension are specified in Schedules I. II and III.
       Explanation.
For the purpose of this rule, the competent authority in the case of a railway servant officiating in a higher post shall be determined with reference to the officiating post held by him at the time of taking action.

R.5 Suspension.

       (1) A railway servant may be placed under suspension,--
       (a) where a disciplinary proceeding against him is contemplated or is pending; or
       (b) where, in the opinion of the authority competent to place a railway servant under suspension, he has engaged himself in activities prejudicial to the interest of the security of the State; or
       (c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial :
       Provided that, where in exceptional circumstances any authority competent to pass orders of suspension makes such an order in respect of a railway servant whom he is not competent to suspend, that authority shall forthwith report to the authority competent to place such a railway servant under suspension the circumst

Legal Commentary on Section R.5 of the Railway Servants (Discipline and Appeal) Rules, 1968

Introduction

Section R.5 of the Railway Servants (Discipline and Appeal) Rules, 1968, specifies the authority competent to impose penalties on railway employees and delineates the scope of disciplinary powers. It forms a crucial part of the procedural framework governing disciplinary actions, ensuring that penalties are imposed by authorized authorities following due process.

What does Section R.5 Say

Section R.5 defines the authorities empowered to impose penalties, including minor penalties such as censure and withholding promotion, as well as major penalties like dismissal, removal, or compulsory retirement. It also prescribes the hierarchical structure of disciplinary authorities based on the grade and nature of the railway servant and the severity of the misconduct.

Essential Ingredients

• Authority Designation: Clearly specifies which authority (e.g., Divisional Railway Manager, General Manager, etc.) can impose particular penalties.
• Scope of Power: Differentiates between minor and major penalties and their respective authorities.
• Hierarchy: Establishes the chain of authority, ensuring penalties are imposed only by competent officers.
• Procedural Compliance: Implies that penalties must be imposed after following the prescribed procedures, including prior inquiry and proper sanctioning.

Scope of Section R.5

• Applicability: Applies to all railway employees governed by the Railway Servants (Discipline and Appeal) Rules, 1968.
• Hierarchy of Authorities: Encompasses authorities at various levels, from Divisional Railway Managers to the Railway Board for different penalties.
• Delegation of Power: Allows for delegation within the hierarchy, provided such delegation is within the scope of the rules.
• Legal Validity: Ensures that penalties are only valid if imposed by authorities vested with the requisite powers, preventing arbitrary or unauthorized punishments.

Punishment for Section R.5

• Minor Penalties: Censure, withholding promotion, recovery of pecuniary loss, withholding of increments, etc.
• Major Penalties: Dismissal, removal from service, or compulsory retirement.
• Imposition: Must be done by the competent authority after following due process, including inquiry and opportunity to be heard, unless dispensed with under specific provisions.

Legal Comments

• Authority Specification - Section R.5 delineates the hierarchy of competent authorities for imposing penalties, ensuring discipline is maintained by authorized officers only [Source: R.5, Rules 6, 7].
• Hierarchy and Delegation - The rules specify that higher penalties like dismissal or compulsory retirement can only be imposed by higher authorities such as the General Manager or Railway Board, preventing abuse of power [Source: Schedule III, Rule 7(2)].
• Legal Validity of Penalties - Penalties imposed by unauthorized officers are invalid; only those within the authority's scope are legally sustainable [Source: R.5, Rules 6, 7].
• Procedural Compliance - Imposition of penalties must follow the prescribed procedures, including prior inquiry, opportunity to be heard, and proper sanctioning, as mandated by Rules 9, 10, and 14 [Source: R.9, R.10, R.14].
• Delegation of Powers - The rules permit delegation of disciplinary powers within the hierarchy but require such delegation to be within the scope of the rules, and properly documented [Source: R.5, Rules 7, 8].
• Disciplinary Authority and Natural Justice - The authority exercising disciplinary power must act fairly, considering all relevant facts, and must communicate reasons for penalties, especially when imposing major penalties [Source: R.14(ii), Case law: Union of India v. Tulsiram Patel].
• Scope of Discretion - Authorities have discretion to impose penalties but must exercise such discretion judiciously, based on evidence and following principles of natural justice [Source: R.5, R.6, R.9].
• Discipline and Hierarchical Control - The rules establish that disciplinary powers are to be exercised within the hierarchy, preventing lower authorities from imposing penalties beyond their jurisdiction [Source: Schedule III, Rule 7].
• Legal Safeguards - Penalties must not be arbitrary; exercise of disciplinary powers must be transparent, with reasons recorded and communicated, to uphold the principles of natural justice [Source: R.14(ii), AIR 1967 SC 437].
• Dispensing with Inquiry - Under Rule R.14(ii), the authority can dispense with inquiry only if it is not reasonably practicable to hold one, and such satisfaction must be recorded with reasons [Source: AIR 1962 SC 1694, AIR 1967 SC 284].
• Order Validity - Orders imposing penalties without proper authority or without following procedural safeguards are invalid and liable to be quashed [Source: R.5, R.14(ii), Case law: Union of India v. Tulsiram Patel].
• Communication of Reasons - When penalties are imposed, the reasons must be communicated to the railway servant, especially for major penalties, to comply with principles of natural justice [Source: R.14(ii), AIR 1967 SC 437].
• Scope of Judicial Review - Courts can review whether the authority was competent, whether reasons were recorded, and whether principles of natural justice were followed, but cannot re-appreciate factual findings [Source: Writ Jurisdiction, AIR 1975 SC 2216].
• Legal Consequences of Unauthorized Action - Penalties imposed by authorities lacking jurisdiction are invalid; such orders are liable to be set aside [Source: R.5, R.14(ii), Case law: Union of India v. Tulsiram Patel].
• Delegation and Retrospective Exercise of Power - Exercise of disciplinary powers must be within the scope of delegation, and retrospective exercise without proper authority is illegal [Source: R.5, Rule 7, 8].
• Natural Justice and Fair Play - The exercise of disciplinary powers must adhere to natural justice, including giving the employee a fair opportunity to defend and reasons for penalties [Source: AIR 1967 SC 437, AIR 1975 SC 2216].
• Penalties and Proportionality - The punishment must be proportionate to the misconduct; excessive penalties without proper procedure are illegal [Source: R.6, R.9, R.10].
• Order of Penalty and Appeal - Orders imposing penalties must be communicated in writing, and the employee must be given a chance to appeal, with reasons recorded [Source: R.21, R.22, R.23].
• Special Cases and Dispensing with Inquiry - In exceptional cases, authorities can dispense with inquiry if reasons are recorded; however, such reasons must be valid, relevant, and documented [Source: R.14(ii), AIR 1962 SC 1694].
• Legal Safeguards Post-42nd Amendment - The amendment to Article 311(2) restricts the right of the employee to a second opportunity of hearing after the inquiry, but procedural safeguards like reasons recording remain essential [Source: Tulsiram Patel, AIR 1985 SC 1416].
• Role of Courts - Courts will not interfere with disciplinary orders unless there is violation of principles of natural justice, lack of jurisdiction, or procedural irregularities [Source: AIR 1967 SC 437, AIR 1975 SC 2216].

Summary

Section R.5 and related rules establish a structured hierarchy of disciplinary authorities, enforce procedural safeguards, and uphold principles of natural justice in imposing penalties. Orders lacking jurisdiction, procedural irregularities, or failing to record reasons are invalid. The legal framework emphasizes fair exercise of discretion, proper communication, and judicial review within defined limits. Proper adherence ensures disciplinary actions are lawful, justified, and free from arbitrariness.

Note: This commentary synthesizes judicial interpretations, statutory provisions, and procedural principles, referencing case law and statutory rules, to provide a comprehensive legal understanding of Section R.5 within the framework of the Railway Servants (Discipline and Appeal) Rules, 1968.

R.6 Penalties.

       (1) The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a railway servant, namely :--
       Minor penalties :
       (i) censure;
       (ii) withholding of his promotion for a specified period;
       (iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government or Railway Adminis- tration by negligence or breach of orders;
       (iv) withholding of increments of pay for a specified period with further directions as to whether on the expiry of such period this will or will not have the effect of postponing the future increments of his pay;
       Major penalties :
       

R.7 Disciplinary authorities.

       (1) The President may impose any of the penalties specified in Rule 6 on any railway servant.
       (2) Without prejudice to the generality of the provisions of sub-rule (1) any of the penalties specified in Rule 6 may be imposed on a railway servant by the authority specified in Schedules I, II and III.
       (3) The disciplinary authority in the case of a railway servant officiating in a higher post, shall be determined with reference to the officiating post held by him at the time of taking action.

R.8 Authority to institute proceedings.

       (1) The 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 on whom that disciplinary authority is competent to impose under these rules any of the penalties in Rule 6.
       (2) A disciplinary authority competent under these rules to impose any of the penalties specified in clauses (i) to (iv) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 may, subject to the provisions of clause (c) of sub-rule (2) of Rule 2, institute disciplinary proceedings against any railway servant for the imposition of any of the penalties specified in clauses (v) to (ix) of sub-rule (1) of Rule 6, notwit

R.9 1[9. Procedure for imposing major penalties.

       (1) No order imposing any of the penalties specified in clauses (v) to (ix) of Rule 6 shall be made except after an inquiry held as far as may be, in the manner provided in this rule and Rule 10, or in the manner provided by the Public Servants (Inquiries) Act. 1850 (37 of 1850) where such inquiry is held under that Act.
       (2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiry into the truth of any imputation of misconduct or misbehaviour against a railway servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act 1850 as the case may be, a Board of Inquiry or other authority to inquire into the truth thereof.
       (3) Where a Board of Inquiry is appointed under sub-rule (2), it shall consist of not less than two members, each of whom shall

R.10 Action on the inquiry report.

       (1) If the disciplinary authority, having regard to its own findings where it is itself the Inquiring authority, or having regard to its decision on ail or any of the findings on the inquiring authority, is of the opinion that the penalty warranted is such as is within its competence, that authority may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interests of justice, recall the witness and examine, cross-examine and re-examine the witness and may impose on the railway servant such penalty as is within its competence in accordance with these rules. Where such disciplinary authority is of the opinion that the penalty warranted is such as is not within its competence, that authority shall forward the records of the inquiry to the appropriate disciplinary authority, who shall act in the manner as hereinafter provided.
   

R.11 Procedure for imposing minor penalties.

       (1) Subject to the provisions of sub-rule (4) of Rule 10 no order imposing on a railway servant any of the penalties specified In clauses (1) to (iv) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule 6 shall be made except after--
       (a) informing the railway servant in writing of the proposal to take action against him and the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;
       (b) holding an inquiry in the manner laid down in sub-rules (3) to (19) of Rule 9, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;
       (c) taking the representation, if any, submitted by the railway servant under clause

R.12 Communication of orders.

Orders made by the disciplinary authority shall be communicated to the railway servant, who shall also be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authority and a copy of its findings on each article of charge, or, where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority and a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority (unless they have already been supplied to him) and also a copy of the advice, if any, given by the Commission and where the disciplinary authority has not accepted the advise of the Commission, a brief statement of the reasons for such non-acceptance.

R.13 Common proceedings.

       (1) Where two or more railway servants are concerned in any case, the President or any other authority competent to impose the penalty of dismissal from service on all such railway servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding.
       Note. If the authorities competent to impose the penalty of dismissal on such railway servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.
       (2) Any such order shall specify :
       (i) the authority which may function as the disciplinary authority for the purpose of such common proceeding;
       (ii) the penalties specified in Rule 6 which such disciplinary

R.14 Special procedure in certain cases.

       Notwithstanding anything contained in Rules 9 to 13 :
       (i) where any penalty is imposed on a railway servant on the ground of conduct which has led to his conviction on a criminal charge; or
       (ii) 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; or
       (iii) where the President is satisfied that in the interest of the security of the State, it is not expedient to hold an inquiry in the manner provided in these rules;
       the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit :
       Provided that the Commission shall be consu

R.15 Provisions regarding railway servants lent to State Government, etc.

       (1) Where the services of a railway servant are lent, to any other Ministry or Department of the Central Government or to a State Government or an authority subordinate thereto or to a local or other authority (hereinafter in this rule referred to as "the borrowing authority"), the borrowing authority shall have the powers of the authority competent to place the railway servant under suspension for the purpose of placing him under suspension and of the disciplinary authority for the purpose of conducting disciplinary proceeding against him :
       Provided that the borrowing authority shall forthwith inform the authority which lent the services of the railway servant (hereinafter in this rule referred to as "the lending authority") of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceeding, as the case may be.
    

R.16 Provisions regarding officers borrowed from Central or State Government, etc.

       (1) Where an order of suspension is made or a disciplinary proceeding is conducted against a railway servant whose services have been borrowed from any other Ministry or Department of the Central Government, or a State Government or an authority subordinate thereto a local or other authority, the authority lending his services (hereinafter in this rule referred to as "the lending authority") shall forthwith be informed of the circumstances leading to the order of his suspension or of the commencement of the disciplinary proceeding against him as the case may be.
       (2) In the light of the findings in the disciplinary proceeding conducted against the railway servant,--
       (i) if the disciplinary authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of sub-rule (1) and clauses (i) and (ii) of sub-rule (2) of Rule

R.17 Orders against which no appeal lies.

       Notwithstanding anything contained in this part, no appeal shall lie against,--
       (i) any order made by the President;
       (ii) any order of an interlocutory nature or of the nature of step-in-aid of the final disposal of a disciplinary proceeding, other than an order of suspension;
       (ii) any order passed by an inquiring authority in the course of an inquiry under Rule 9.

R.18 Orders against which appeal lies.

       Subject to the provisions of Rule 17, a railway servant may prefer an appeal against all or any of the following orders, namely :
       (i) an order of suspension made or deemed to have been made under Rule 15; (ii) an order imposing any of the penalties specified in Rule 6 whether made by the disciplinary authority or by any appellate or reviewing authority;
       (iii) an order enhancing any penalty imposed under Rule 6;
       (iv) an order which--
       (a) denies or varies to his disadvantage his pay, allowance, pension, Provident Fund Benefits, service gratuity or other conditions of service as regulated by rules or by agreement;
       Or
       (b) interprets to his disadvantage the provisio

R.19 Appellate authorities.

       (1) A railway servant, including a person, who has ceased to be in railway service, may prefer an appeal against all or any of the orders specified in Rule 18 to the authority specified in this behalf either in the Schedules or, where no such authority is specified,--
       (i) where a penalty is imposed by a reviewing authority under Rule 25, to the authority to which it is immediately subordinate;
       (ii) where a penalty is enhanced, either in appeal or on review, to the authority to which the authority making the order is immediately subordinate;
       (iii) in the case of an appeal against an order specified in clause (iv) of Rule 18, relating to a rule, to the authority which appointed the appellant or the authority which made the rule to which the order under appeal relates, whichever of them may be th

R.20 Period of limitation for appeals.

       No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant :
       Provided that, the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

R.21 Form and contents and submission of appeal.

       (1) Every person preferring an appeal shall do so separately and in his own name. An appeal forwarded through or countersigned by a legal practitioner or an assisting railway servant or a Railway Trade Union Official shall not be entertained but shall be returned with the direction to submit it under the signature of the appellant only.
       (2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself.
       (3) The authority which made the order appealed against shall on receipt of a copy of the appeal, forward the same with its comments thereon together with the re

R.22 Consideration of appeal.

       (1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of Rule 5 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.
       (2) In the case of an appeal against an order imposing any of the penalties specified in Rule 6 or enhancing any penalty imposed under the said rule, the appellate authority shall consider--
       (a) whether the procedure laid down in these rules has been complied with, and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice;
       (b) whether the findings of the disciplinary authority are warranted by the evidence on the record; a

R.23 Implementation of orders in appeal.

The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

R.24 Special provisions for non-Gazetted staff.

       (1) Where the penalty of dismissal, removal or compulsory retirement, reduction or withholding of increment has been imposed the appellate authority may, at its discretion and if it considers it necessary, give the non-Gazetted railway servant a personal hearing before disposing of the appeal. At this personal hearing, the railway servant may be accompanied. If he so chooses, by another railway servant employed on the same railway administration, office of the Railway Board, its attached office or subordinate office, as the case may be in which the appellant was or is working or an official (who is not a legal practitioner) of a Railway Trade Union recognised by the Railway Administration on which the appellant was or is employed.
       (2) A group railway servant including a skilled artisan, who has been dismissed, removed or compulsorily retired from service may after his appeal, to th

R.25 Revision.

       (1) Notwithstanding anything contained in these rules,--
       (i) the President, or
       (ii) the Railway Board, or
       (iii) The General Manager of a Zonal Railway or an authority of that status in any other Railway Unit or Administration in the case of a railway servant serving under his or its control, or
       (iv) the appellate authority not below the rank of a Deputy Head of Department or a Divisional Railway Manager in cases where no appeal has been preferred, or
       (v) any other authority not below the rank of Deputy Head of Department or a Divisional Railway Manager in the case of a railway servant servicing under its control,
       may at any time, either on his or its own motion

Legal Commentary on RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968 - R.25

Introduction

The Railway Servants (Discipline and Appeal) Rules, 1968, provide a framework for maintaining discipline among railway employees and outline the procedures for disciplinary actions and appeals. Rule 25 specifically addresses the process of revision concerning penalties imposed on railway servants.

What does Section Says

Rule 25 stipulates that no order imposing or enhancing any penalty shall be made by any revising authority unless the concerned railway servant has been given a reasonable opportunity to present their case.

Essential Ingredients

• Opportunity to be Heard: The rule emphasizes the necessity of providing the railway servant an opportunity to respond before any penalty is imposed or enhanced.
• Authority: It defines the revising authority's role in the disciplinary process.

Scope of Section

• The scope of Rule 25 encompasses all disciplinary actions that may be subject to revision, ensuring fairness in the process.
• It applies to cases where penalties have been imposed and are being reconsidered by a higher authority.

Punishment for Section

• The rule does not specify punishments but ensures that any penalties imposed or enhanced are done so only after due process, thereby protecting the rights of the railway servants.

Legal Comments

• Keyword - "Due Process" - Rule 25 mandates that no penalty can be imposed or enhanced without giving the railway servant a chance to present their case, ensuring adherence to the principles of natural justice. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Revising Authority" - The rule clarifies that the revising authority must consider the railway servant's perspective before making any decisions regarding penalties. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Opportunity to be Heard" - The emphasis on providing an opportunity to be heard is a fundamental aspect of Rule 25, reflecting the legal principle of audi alteram partem (hear the other side). - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Fairness" - Rule 25 aims to ensure fairness in disciplinary proceedings by requiring that the railway servant is informed and allowed to defend themselves against any proposed penalties. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Limitations" - The rule implies that there are limitations on the revising authority's power to enhance penalties without due process, thereby protecting employees from arbitrary actions. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Judicial Precedent" - The interpretation of Rule 25 has been influenced by judicial precedents that stress the importance of a fair hearing in disciplinary matters. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Disciplinary Authority" - The rule reinforces the role of the disciplinary authority in ensuring that any revisions to penalties are justified and based on a thorough examination of the case. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Appeal Rights" - The provision for revision under Rule 25 complements the appeal rights of railway servants, ensuring multiple layers of review in disciplinary actions. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Legal Safeguards" - Rule 25 serves as a legal safeguard for railway servants against unjust penalties, promoting accountability within the disciplinary process. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Administrative Justice" - The rule contributes to the broader concept of administrative justice by ensuring that railway servants are treated fairly and equitably in disciplinary proceedings. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Procedural Fairness" - The requirement for a hearing before imposing or enhancing penalties embodies the principle of procedural fairness, which is essential in administrative law. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Scope of Revision" - The scope of Rule 25 is significant as it outlines the conditions under which penalties can be revisited, thereby ensuring that the process is not arbitrary. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Employee Rights" - Rule 25 underscores the rights of employees to contest disciplinary actions, reinforcing their position within the organizational hierarchy. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Judicial Review" - The provisions of Rule 25 may be subject to judicial review, ensuring that the actions of the revising authority are within the bounds of legality and fairness. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Disciplinary Proceedings" - The rule is integral to the framework of disciplinary proceedings, ensuring that they are conducted in a manner that respects the rights of the railway servants. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Legal Framework" - Rule 25 is part of a broader legal framework that governs the conduct of railway servants, ensuring that disciplinary actions are consistent and just. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Accountability" - By requiring a hearing before penalties are imposed or enhanced, Rule 25 promotes accountability within the railway administration. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Transparency" - The rule enhances transparency in the disciplinary process by mandating that railway servants are informed and involved in the proceedings against them. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Equity" - The equitable treatment of railway servants is a core principle reflected in Rule 25, ensuring that all employees have a fair chance to defend themselves. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

• Keyword - "Legal Recourse" - Rule 25 provides a legal recourse for railway servants to challenge any adverse decisions made against them, thereby reinforcing their rights. - [ RAMESH CHANDER VS DELHI TRANSPORT CORPORATION]

R.25(a) 2[25-A. Review.

       The President may at any time either on his own motion or otherwise review any order passed under these rules when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case has come or has been brought to his notice :
       Provided that, no order imposing or enhancing any penalty shall be made by the President unless the railway servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in Rule 6 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties shall be imposed except after inquiring in the manner laid down in Rule 9 subject to the provisions of Rule 14 and except after consultation w

R.26 Service of orders, notices, etc.

Every order, notice and other process made or issued under these rules shall be served in person on the railway servant concerned or communicated to him by registered post.

R.26(a) 1[26A. Service of orders, notices, etc. on behalf of the Railway Board or President.

       Any of the following officers in the Ministry of Railways shall be competent to sign on behalf of the Railway Board or President, any notice, process, order, etc. made or issued under these Rules :
       (1) Secretary, Railway Board/Joint Secretary/Deputy Secretary;
       (2) Executive Director/Director/Joint Director].
       ……………………………………….
1 Subs. by G.S.R. 87, dated 16th February, 1999.

R.27 Power to relax time-limit and to condone delay.

Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these rules for anything required to be done under these rules or condone any delay.

R.28 Supply of copy of Commission's advice.

Whenever the Commission is consulted as provided in these rules, a copy of the advice by the Commission and, where such advice has not been accepted, also a brief statement of the reasons for such non-acceptance, shall be furnished to the railway servant concerned along with a copy of the order passed in the case, by the authority making the order.

R.29 Repeal and saving.

       (1) The discipline and appeal rules for railway servants, other than those employed in the Railway Protection Force, in force with effect from the 1st August, 1961 and any orders issued thereunder in so far as they are inconsistent with these rules are hereby repealed :
       Provided that--
       (a) such repeal shall not affect the previous operation of the said rules, or any order made, or anything done, or any action taken thereunder;
       (b) any proceedings under the said rules, pending at the commencement of these rules shall be continued and disposed of, as far as may be, in accordance with the provisions of these rules as if such proceedings were proceedings under these rules.
       (2) Nothing in these rules shall be construed as depriving any person to whom the

R.30 Removal of doubts.

If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the President through the Railway Board, and the President shall decide the same.

R.31 Right to submit petitions to the President.

Nothing in these rules shall operate to deprive a railway servant from exercising his right of submitting a petition to the President in accordance with the instructions contained in Appendix X to the Indian Railway Establishments Code, Volume I.

R.32 Power of the General Manager to frame Subsidiary Rules.

The General Manager may, in respect of non-Gazetted Railway servant under his administrative control, make subsidiary rules not inconsistent with these rules or any rules made by the Railway Board for the purpose of giving effect to the provisions of these rules in so far as it is applicable to such Railway servant.

Sch.1 SCHEDULE

       [See Rule 4 and sub-rule (2) of Rule 7]
       Item No. Class of railwayservants Authority empowered to place a railway servant under suspension or to impose penalties Nature of penalties which the authority in Col. (3) is empowered" to impose on railway servants mentioned in corresponding entries in Col. (2) and powers of that authority to place them under suspension Appellate Authority
       (1) (2) (3) (4) (5)
       RAILWAY BOARD'S OFFICE
       1. All classes of non-Gazetted railway servants. Secretary, Railway Board All penalties specified in Rule 6 and suspension. Railway Board.
       2. All classes of non-Gazetted railway servants. Deputy Secretary, Railway Board. Penalties specified in clauses (i) to (iv) of sub-rule (1) and cla