The document provides an overview of disciplinary procedures and rules (D&A Rules) for railway employees in India. It discusses topics like:
- Forms and authorities involved in disciplinary actions
- Grounds and process for suspension of employees
- Types of penalties under D&A Rules
- Principles of natural justice as per the Indian constitution
- Process for issuing a charge sheet
- Procedures for conducting disciplinary inquiries
- Situations where an inquiry may not be necessary
- Tactics sometimes used to delay disciplinary proceedings
The document is intended as a reference for understanding D&A Rules and properly handling disciplinary cases and inquiries against railway employees according to due process.
This document outlines the rules and procedures related to disciplinary action and appeals for railway employees in India. Some key points include:
- Discipline & Appeal Rules (D&AR) and Annual Confidential Reports are tools to control subordinates, but D&AR should only be used as a last resort.
- Educate, coach, and motivate staff before considering D&AR. Warnings or expressing written displeasure should be tried in normal situations.
- For D&AR action, the disciplinary authority must apply their full logical mind and ensure no other remedy is available before proceeding.
- The document details the procedures for minor and major penalties, conducting inquiries, framing chargesheets,
This is a field-oriented PPT and deals with every step from the initiating to the finalization of the DAR case, which no other book has tried to explain and a lot of effort has gone into preparing the contents.
This document outlines procedures and guidelines for promoting Railway servants who are under suspension or facing disciplinary/criminal proceedings. Key points:
1. The promotion of those under suspension, facing major penalty charges, or criminal prosecution, will be decided after the proceedings. However, minor penalty charges don't block promotion.
2. Eligible employees must appear for promotion exams. If qualified, their case will be kept in a sealed cover until proceedings conclude.
3. If exonerated, employees will be promoted retroactively. If guilty of minor penalties, they may be promoted after penalty period. Guilty of major penalties face review for continued promotion eligibility.
1) Initiating disciplinary proceedings against a retired railway employee requires the President's sanction.
2) A Railway Board officer signs the charge sheet on behalf of the President under the Railway Service Pension Rules.
3) "President" in this context refers to the Minister of Railways acting on behalf of the actual President of India.
The document outlines the Railway Servants (Pass) Rules 1986 which regulate the issuance of passes and privilege ticket orders to railway servants for travel by train. It defines key terms like "railway servant", "pass", and "privilege ticket order". It describes the different types of passes including metal passes, card passes, and cheque passes. It details the entitlements and validity of passes on privilege and duty accounts for various railway employee grades. It also covers post-retirement complimentary passes and other card passes like residential and school passes.
The document discusses selection procedures in Indian Railways. It describes the various methods of selection such as direct recruitment, promotion, transfer, and deputation. Selections in Indian Railways involve both recruitment through agencies like UPSC, RRB, RRC as well as promotions within and across groups. The selection process involves written tests, interviews, and assessment of service records. Promotions to gazetted and non-gazetted posts follow strict eligibility criteria and are decided by departmental promotion committees.
The document summarizes the leave rules for railway services under the Railway Services (Liberalised Leave) Rules, 1949. It outlines the various types of regular leave (LAP, LHAP, sick leave, leave not due), special leave (maternity, paternity, hospital, disability, study, extraordinary), and provisions for leave encashment. Key points include maternity leave of up to 180 days, paternity leave of 15 days, study leave of up to 24 months, and child care leave of up to 2 years for working mothers. Sanctioning authorities and limits for different leaves are also specified.
Travelling allowance is granted to employees to reimburse expenses incurred for official travel. It includes expenses for transportation by rail, road, air or sea, accommodation charges, and food charges. Employees are entitled to travelling allowance for official tours, transfers, training courses, attending examinations or court hearings, and other authorized travel. The rates of daily allowance depend on the employee's pay level and reimburse accommodation, food, and local travel costs. Travelling allowance claims must follow guidelines regarding permissible expenses, required documentation like tickets and bills, approval processes, and time limits for submission.
This document outlines the rules and procedures related to disciplinary action and appeals for railway employees in India. Some key points include:
- Discipline & Appeal Rules (D&AR) and Annual Confidential Reports are tools to control subordinates, but D&AR should only be used as a last resort.
- Educate, coach, and motivate staff before considering D&AR. Warnings or expressing written displeasure should be tried in normal situations.
- For D&AR action, the disciplinary authority must apply their full logical mind and ensure no other remedy is available before proceeding.
- The document details the procedures for minor and major penalties, conducting inquiries, framing chargesheets,
This is a field-oriented PPT and deals with every step from the initiating to the finalization of the DAR case, which no other book has tried to explain and a lot of effort has gone into preparing the contents.
This document outlines procedures and guidelines for promoting Railway servants who are under suspension or facing disciplinary/criminal proceedings. Key points:
1. The promotion of those under suspension, facing major penalty charges, or criminal prosecution, will be decided after the proceedings. However, minor penalty charges don't block promotion.
2. Eligible employees must appear for promotion exams. If qualified, their case will be kept in a sealed cover until proceedings conclude.
3. If exonerated, employees will be promoted retroactively. If guilty of minor penalties, they may be promoted after penalty period. Guilty of major penalties face review for continued promotion eligibility.
1) Initiating disciplinary proceedings against a retired railway employee requires the President's sanction.
2) A Railway Board officer signs the charge sheet on behalf of the President under the Railway Service Pension Rules.
3) "President" in this context refers to the Minister of Railways acting on behalf of the actual President of India.
The document outlines the Railway Servants (Pass) Rules 1986 which regulate the issuance of passes and privilege ticket orders to railway servants for travel by train. It defines key terms like "railway servant", "pass", and "privilege ticket order". It describes the different types of passes including metal passes, card passes, and cheque passes. It details the entitlements and validity of passes on privilege and duty accounts for various railway employee grades. It also covers post-retirement complimentary passes and other card passes like residential and school passes.
The document discusses selection procedures in Indian Railways. It describes the various methods of selection such as direct recruitment, promotion, transfer, and deputation. Selections in Indian Railways involve both recruitment through agencies like UPSC, RRB, RRC as well as promotions within and across groups. The selection process involves written tests, interviews, and assessment of service records. Promotions to gazetted and non-gazetted posts follow strict eligibility criteria and are decided by departmental promotion committees.
The document summarizes the leave rules for railway services under the Railway Services (Liberalised Leave) Rules, 1949. It outlines the various types of regular leave (LAP, LHAP, sick leave, leave not due), special leave (maternity, paternity, hospital, disability, study, extraordinary), and provisions for leave encashment. Key points include maternity leave of up to 180 days, paternity leave of 15 days, study leave of up to 24 months, and child care leave of up to 2 years for working mothers. Sanctioning authorities and limits for different leaves are also specified.
Travelling allowance is granted to employees to reimburse expenses incurred for official travel. It includes expenses for transportation by rail, road, air or sea, accommodation charges, and food charges. Employees are entitled to travelling allowance for official tours, transfers, training courses, attending examinations or court hearings, and other authorized travel. The rates of daily allowance depend on the employee's pay level and reimburse accommodation, food, and local travel costs. Travelling allowance claims must follow guidelines regarding permissible expenses, required documentation like tickets and bills, approval processes, and time limits for submission.
This document contains a quiz on rules related to railway servant passes. It includes 33 multiple choice questions about definitions related to passes, eligibility criteria for different types of passes, validity periods, authorized companions, and more. The questions cover topics like what constitutes a pass, who qualifies as family, the number of pass sets issued annually, higher class passes given for medical reasons, and competent authorities for addressing pass-related issues. The document provides the question, multiple choice answers, and indicates the correct answer for each question.
The document discusses various aspects that must be followed regarding charge sheets in departmental disciplinary proceedings against government employees. Some key points include:
- The charge sheet must be clear, precise and contain full particulars of the alleged misconduct.
- It must be issued by the competent disciplinary authority and served properly to the charged officer.
- Amendments to the charge sheet are allowed before the inquiry begins but major changes require a fresh charge sheet.
- The charge sheet and entire proceedings must be conducted carefully and in accordance with rules to avoid mistakes with serious consequences.
Allocations and classification in Indian RailwaysNageswara Rao M
1. The document discusses the revised classification of expenditure and earnings for Indian Railways effective April 1, 1979 based on recommendations from a task force.
2. It outlines the major head, sub-major heads, minor heads, and detailed heads for organizing the accounts. The heads are grouped under demands for general superintendence and services, repairs and maintenance, operations, and staff welfare.
3. Various demands are described including those for permanent way and works, motive power, carriages and wagons, plant and equipment, operating expenses for rolling stock and equipment, traffic, and fuel. Demands also cover staff welfare, retirement benefits, and miscellaneous working expenses.
- The document discusses India's Leave Travel Concession (LTC) rules for central government employees.
- It outlines the eligibility, entitlements, and procedures for claiming LTC to travel to one's home town or anywhere in India.
- Key points include who qualifies as an employee's family, how advances can be obtained, different travel modes that are reimbursable, and deadlines for submitting claims.
The document outlines the permanent negotiation machinery between Indian Railways and railway staff. It establishes staff councils at the divisional and railway levels to discuss issues related to staff welfare and working conditions. It also establishes a three-tier negotiating system - at the divisional, railway board, and tribunal levels - to resolve disputes between railway labor unions and the administration. Issues not resolved at lower levels can be escalated to higher levels, with an ad-hoc tribunal composed of union and administration representatives serving as the final arbiter for important disputes not resolved between the Railway Board and labor federations.
Audit objections draft para & audit para in Indian RailwaysNageswara Rao M
This document provides information about statutory audits and drafts. It was presented by M.Nageswara Rao, who holds the position of SSO(A)/Hqrs/SC. The document contains a quote by Lord Justice Topes that describes the auditor's role as a watchdog but not a bloodhound. It also lists the date and day that the presentation was given.
These rules establish the Central Civil Services (Joining Time) Rules which govern the granting of joining time to government servants when transferred to enable them to join their new posts. Key details include definitions of joining time, transfer, eligibility criteria for joining time, calculation of joining time based on distance transferred, payment of joining time pay, and exceptions. Joining time can be combined with leave and unavailed time may be credited as earned leave up to certain limits.
The document contains a quiz on the Railway Servant Discipline and Appeals Rules-1968. It includes 54 multiple choice questions testing knowledge of various aspects of the rules such as which document contains the title of the rules, relevant dates, standard forms used, penalties specified, composition of inquiry boards, treatment of cases after an employee's death, procedures for charge sheets, and rights of employees under suspension. The quiz covers topics like authorities involved, timelines for cases, applicable forms, penalties, rights of suspended employees and more.
The document contains a 50 question quiz on Railway Servant Leave Rules. Some of the key details covered in the quiz include:
- Railway employees are entitled to 30 days of LAP and 20 days of LHAP per year.
- Female employees receive 180 days of maternity leave. Paternity leave is 15 days for employees with less than two surviving children.
- The maximum number of LAP days that can be accumulated is 300. LAP is credited at 2.5 days per month.
- Study leave is a maximum of 36 months and special disability leave for accidents is up to 280 days.
- Joining time allowed is 10-15 days depending on distance between stations and travel method.
The document outlines the procedures for finalizing pension and commutation cases for retiring government employees in India.
1. The process should begin 2 years before retirement by collecting service details and examining records for deficiencies. Pension papers must be completed within 8 months of retirement.
2. Qualifying service, average emoluments, pension and gratuity must be determined within 2 months and papers sent to the Pay & Accounts Office 6 months before retirement for pension orders.
3. Provisional pension may be granted if departmental proceedings are pending at retirement to avoid hardship.
Lecture given by M.Nageswara Rao, SSO(A)/south central railway, secunderabad on the subject of "Railway classification of expenditure or Railway Allocation rules on 10th September, 2011 at ESTC/Lallaguda, Secunderabad.
This document discusses the history and evolution of rules governing working hours for railway employees in India. It covers key milestones like the Railways Amendment Act of 1931, the Rajadhyaksha Committee Report of 1946, and the Miabhoy Tribunal Award of 1969-1972. The Miabhoy Tribunal addressed issues raised by railway unions regarding classification of workers, weekly working hours, overtime pay, and more. The tribunal's decisions, which included maintaining existing classifications and permitting averaging of hours for certain workers, were accepted by the government. Current rules are based on the Railway Act and Railway Servants (Hours of Employment) Rules of 1961.
The document discusses various types of pensions available for government employees in India. It outlines different pensions such as superannuation pension, voluntary retirement pension, pension on absorption in PSU, invalid pension, compensation pension, and more. It then describes the key factors used to calculate the amount of pension - qualifying service, emoluments, calculation of pension amount, retirement gratuity, death gratuity, commutation of pension, family pension, and dearness relief.
The document discusses plans to introduce computer-based examinations for 70% selections and 30% LDCEs for Group B promotions on Indian Railways starting January 2021. It proposes holding a single, computer-based exam for each vacancy cycle testing professional knowledge, rules, and general awareness. CCAs must prepare question banks with at least 5000 questions each for the 70% and 30% exams by November-December 2020. Exams will be held on a single day across zones to improve transparency and reduce complaints and litigation regarding the selection process.
This document discusses traffic suspense accounts and provides suggestions to clear traffic suspense. It contains the following key points:
1. Traffic suspense represents earnings that have accrued but not been physically realized, and includes station outstandings, accounts office balance sheet, cash in transit, and demands recoverable.
2. Station outstandings are further classified as Class A (cash disallowances, forged notes) and Class B (freight on hand, invoices requiring clearing).
3. Accounts office balance sheet includes unrealized carriage bills against government agencies and amounts kept pending clearance.
4. Suggestions to clear traffic suspense include enforcing remittances on admitted debits, monitoring cash
Classification of expenditure recent changes 07.01.2021Nageswara Rao M
This document discusses the classification system used by Indian Railways. It begins by explaining what classification is and providing examples of major heads used in railways for income, expenditure, capital outlay, loans and funds. It then discusses how demands used to be numbered and grouped for revenue and capital. Key changes are highlighted, including converting to a single demand number for the ministry of railways. The document also covers primary units for revenue expenditure, sources of finance for capital expenditure, and changes made to plan heads. Major heads, demands, primary units and plan heads from the past are described and compared to the current system.
This document outlines the leave travel concession (LTC) policy for government servants in India. It specifies that employees are eligible for LTC after one year of service and fresh recruits can travel to their hometown three times in a four year block, and anywhere in India on the fourth occasion. It provides details on block periods, encashment of leave, travel destinations and modes, and entitlements for different employee categories and regions like Jammu and Kashmir and North East.
A presentation about IPAS (Integrated Payroll Accounting System) as part of AIMS (Accounting Informtion Management System) of Indian Railways IT application
1) The document outlines the steps for conducting a departmental inquiry into employee misconduct, including examining complaints, preliminary investigation, drafting charge sheets, minor and major penalty proceedings, inquiry proceedings, and issuing final orders.
2) Key parts of the process include identifying the alleged misconduct, investigating the complaints, drafting specific charges, providing employees opportunities to respond to charges, conducting inquiries where employees deny charges, and imposing penalties or exoneration based on evidence.
3) Consultation with oversight agencies like the Central Vigilance Commission and Union Public Service Commission is also required at various stages of the process.
This document outlines the proper procedure for conducting a domestic inquiry when taking disciplinary action against an employee in India according to law. It discusses why domestic inquiries are necessary, the principles of natural justice that must be followed, and the steps involved in the disciplinary procedure including: issuing a charge sheet, holding a suspension if needed, considering the employee's explanation, issuing an inquiry notice, conducting the inquiry, preparing the inquiry report, and the final decision by the punishing authority. The overall summary is that this document provides a detailed guide to properly conducting a fair domestic inquiry when disciplining an employee according to Indian law.
This document contains a quiz on rules related to railway servant passes. It includes 33 multiple choice questions about definitions related to passes, eligibility criteria for different types of passes, validity periods, authorized companions, and more. The questions cover topics like what constitutes a pass, who qualifies as family, the number of pass sets issued annually, higher class passes given for medical reasons, and competent authorities for addressing pass-related issues. The document provides the question, multiple choice answers, and indicates the correct answer for each question.
The document discusses various aspects that must be followed regarding charge sheets in departmental disciplinary proceedings against government employees. Some key points include:
- The charge sheet must be clear, precise and contain full particulars of the alleged misconduct.
- It must be issued by the competent disciplinary authority and served properly to the charged officer.
- Amendments to the charge sheet are allowed before the inquiry begins but major changes require a fresh charge sheet.
- The charge sheet and entire proceedings must be conducted carefully and in accordance with rules to avoid mistakes with serious consequences.
Allocations and classification in Indian RailwaysNageswara Rao M
1. The document discusses the revised classification of expenditure and earnings for Indian Railways effective April 1, 1979 based on recommendations from a task force.
2. It outlines the major head, sub-major heads, minor heads, and detailed heads for organizing the accounts. The heads are grouped under demands for general superintendence and services, repairs and maintenance, operations, and staff welfare.
3. Various demands are described including those for permanent way and works, motive power, carriages and wagons, plant and equipment, operating expenses for rolling stock and equipment, traffic, and fuel. Demands also cover staff welfare, retirement benefits, and miscellaneous working expenses.
- The document discusses India's Leave Travel Concession (LTC) rules for central government employees.
- It outlines the eligibility, entitlements, and procedures for claiming LTC to travel to one's home town or anywhere in India.
- Key points include who qualifies as an employee's family, how advances can be obtained, different travel modes that are reimbursable, and deadlines for submitting claims.
The document outlines the permanent negotiation machinery between Indian Railways and railway staff. It establishes staff councils at the divisional and railway levels to discuss issues related to staff welfare and working conditions. It also establishes a three-tier negotiating system - at the divisional, railway board, and tribunal levels - to resolve disputes between railway labor unions and the administration. Issues not resolved at lower levels can be escalated to higher levels, with an ad-hoc tribunal composed of union and administration representatives serving as the final arbiter for important disputes not resolved between the Railway Board and labor federations.
Audit objections draft para & audit para in Indian RailwaysNageswara Rao M
This document provides information about statutory audits and drafts. It was presented by M.Nageswara Rao, who holds the position of SSO(A)/Hqrs/SC. The document contains a quote by Lord Justice Topes that describes the auditor's role as a watchdog but not a bloodhound. It also lists the date and day that the presentation was given.
These rules establish the Central Civil Services (Joining Time) Rules which govern the granting of joining time to government servants when transferred to enable them to join their new posts. Key details include definitions of joining time, transfer, eligibility criteria for joining time, calculation of joining time based on distance transferred, payment of joining time pay, and exceptions. Joining time can be combined with leave and unavailed time may be credited as earned leave up to certain limits.
The document contains a quiz on the Railway Servant Discipline and Appeals Rules-1968. It includes 54 multiple choice questions testing knowledge of various aspects of the rules such as which document contains the title of the rules, relevant dates, standard forms used, penalties specified, composition of inquiry boards, treatment of cases after an employee's death, procedures for charge sheets, and rights of employees under suspension. The quiz covers topics like authorities involved, timelines for cases, applicable forms, penalties, rights of suspended employees and more.
The document contains a 50 question quiz on Railway Servant Leave Rules. Some of the key details covered in the quiz include:
- Railway employees are entitled to 30 days of LAP and 20 days of LHAP per year.
- Female employees receive 180 days of maternity leave. Paternity leave is 15 days for employees with less than two surviving children.
- The maximum number of LAP days that can be accumulated is 300. LAP is credited at 2.5 days per month.
- Study leave is a maximum of 36 months and special disability leave for accidents is up to 280 days.
- Joining time allowed is 10-15 days depending on distance between stations and travel method.
The document outlines the procedures for finalizing pension and commutation cases for retiring government employees in India.
1. The process should begin 2 years before retirement by collecting service details and examining records for deficiencies. Pension papers must be completed within 8 months of retirement.
2. Qualifying service, average emoluments, pension and gratuity must be determined within 2 months and papers sent to the Pay & Accounts Office 6 months before retirement for pension orders.
3. Provisional pension may be granted if departmental proceedings are pending at retirement to avoid hardship.
Lecture given by M.Nageswara Rao, SSO(A)/south central railway, secunderabad on the subject of "Railway classification of expenditure or Railway Allocation rules on 10th September, 2011 at ESTC/Lallaguda, Secunderabad.
This document discusses the history and evolution of rules governing working hours for railway employees in India. It covers key milestones like the Railways Amendment Act of 1931, the Rajadhyaksha Committee Report of 1946, and the Miabhoy Tribunal Award of 1969-1972. The Miabhoy Tribunal addressed issues raised by railway unions regarding classification of workers, weekly working hours, overtime pay, and more. The tribunal's decisions, which included maintaining existing classifications and permitting averaging of hours for certain workers, were accepted by the government. Current rules are based on the Railway Act and Railway Servants (Hours of Employment) Rules of 1961.
The document discusses various types of pensions available for government employees in India. It outlines different pensions such as superannuation pension, voluntary retirement pension, pension on absorption in PSU, invalid pension, compensation pension, and more. It then describes the key factors used to calculate the amount of pension - qualifying service, emoluments, calculation of pension amount, retirement gratuity, death gratuity, commutation of pension, family pension, and dearness relief.
The document discusses plans to introduce computer-based examinations for 70% selections and 30% LDCEs for Group B promotions on Indian Railways starting January 2021. It proposes holding a single, computer-based exam for each vacancy cycle testing professional knowledge, rules, and general awareness. CCAs must prepare question banks with at least 5000 questions each for the 70% and 30% exams by November-December 2020. Exams will be held on a single day across zones to improve transparency and reduce complaints and litigation regarding the selection process.
This document discusses traffic suspense accounts and provides suggestions to clear traffic suspense. It contains the following key points:
1. Traffic suspense represents earnings that have accrued but not been physically realized, and includes station outstandings, accounts office balance sheet, cash in transit, and demands recoverable.
2. Station outstandings are further classified as Class A (cash disallowances, forged notes) and Class B (freight on hand, invoices requiring clearing).
3. Accounts office balance sheet includes unrealized carriage bills against government agencies and amounts kept pending clearance.
4. Suggestions to clear traffic suspense include enforcing remittances on admitted debits, monitoring cash
Classification of expenditure recent changes 07.01.2021Nageswara Rao M
This document discusses the classification system used by Indian Railways. It begins by explaining what classification is and providing examples of major heads used in railways for income, expenditure, capital outlay, loans and funds. It then discusses how demands used to be numbered and grouped for revenue and capital. Key changes are highlighted, including converting to a single demand number for the ministry of railways. The document also covers primary units for revenue expenditure, sources of finance for capital expenditure, and changes made to plan heads. Major heads, demands, primary units and plan heads from the past are described and compared to the current system.
This document outlines the leave travel concession (LTC) policy for government servants in India. It specifies that employees are eligible for LTC after one year of service and fresh recruits can travel to their hometown three times in a four year block, and anywhere in India on the fourth occasion. It provides details on block periods, encashment of leave, travel destinations and modes, and entitlements for different employee categories and regions like Jammu and Kashmir and North East.
A presentation about IPAS (Integrated Payroll Accounting System) as part of AIMS (Accounting Informtion Management System) of Indian Railways IT application
1) The document outlines the steps for conducting a departmental inquiry into employee misconduct, including examining complaints, preliminary investigation, drafting charge sheets, minor and major penalty proceedings, inquiry proceedings, and issuing final orders.
2) Key parts of the process include identifying the alleged misconduct, investigating the complaints, drafting specific charges, providing employees opportunities to respond to charges, conducting inquiries where employees deny charges, and imposing penalties or exoneration based on evidence.
3) Consultation with oversight agencies like the Central Vigilance Commission and Union Public Service Commission is also required at various stages of the process.
This document outlines the proper procedure for conducting a domestic inquiry when taking disciplinary action against an employee in India according to law. It discusses why domestic inquiries are necessary, the principles of natural justice that must be followed, and the steps involved in the disciplinary procedure including: issuing a charge sheet, holding a suspension if needed, considering the employee's explanation, issuing an inquiry notice, conducting the inquiry, preparing the inquiry report, and the final decision by the punishing authority. The overall summary is that this document provides a detailed guide to properly conducting a fair domestic inquiry when disciplining an employee according to Indian law.
This document outlines the proper procedure for conducting a domestic inquiry under Indian law when taking disciplinary action against an employee. Key points include:
1) A fair inquiry must be conducted according to principles of natural justice before an employer can punish an employee for misconduct.
2) The inquiry officer must give the employee a chance to defend themselves by examining witnesses and evidence against them.
3) The management bears the burden of proving the charges, and the employee must be considered not guilty unless proven otherwise.
4) If conducted properly and without bias, the employer's decision is unlikely to be overturned even if challenged.
The document outlines the procedure for conducting a fair domestic inquiry under Indian law when taking disciplinary action against an employee. Key steps include: issuing a charge sheet specifying clear charges, allowing the employee to respond, appointing an inquiry officer, conducting the inquiry where both sides can examine witnesses, the inquiry officer analyzing the evidence and drawing a conclusion, and the punishing authority reviewing the report and imposing a punishment if charges are proven. The process is meant to follow principles of natural justice like giving both sides a chance to be heard. The employee can challenge the decision but it will stand if proper procedure was followed and there was no bias or prejudice.
The document discusses disciplinary procedures for handling employee indiscipline in the workplace. It begins by outlining some common causes of indiscipline and actions that require discipline. It then describes the steps to be followed, including issuing a charge sheet, holding a domestic inquiry, serving a show cause notice, and finally ordering punishment if the employee is found guilty. Specific templates are provided for drafting a charge sheet, notice of inquiry, show cause notice, and termination order to ensure due process is followed.
This document provides guidance on conducting a departmental inquiry within an organization. It outlines the key steps which include:
1) Examining any complaints against an employee from various sources and identifying alleged misconduct.
2) Conducting a preliminary investigation into the complaints which may involve an internal investigation or referring the matter to an outside agency.
3) Drafting formal charges against the employee and issuing a charge sheet if misconduct is identified. This can begin either minor or major penalty proceedings.
4) Holding an inquiry where the employee can defend themselves, witnesses are called, and evidence is considered before the disciplinary authority makes a final ruling.
The document outlines procedures for handling employee disciplinary actions in an organization. It discusses [1] common causes of indiscipline, [2] types of misconduct that warrant action, [3] the steps to follow which include serving a charge sheet, holding a domestic inquiry, issuing a show cause notice, and possible orders of punishment. The document provides templates for charge sheets, notices, inquiry proceedings, show cause notices, and termination orders to ensure due process is followed in disciplinary cases.
This document outlines the administrative case process and remedies available at different stages. It discusses:
1. Remedies for the would-be respondent at the complaint stage, including dismissal due to lack of jurisdiction or forum shopping.
2. Remedies in response to a formal charge, such as filing an answer or requesting clarification.
3. Appealing a preventive suspension order to the Civil Service Commission within 15 days.
4. Filing a motion for reconsideration with the disciplining authority within 15 days for a party adversely affected by a decision.
This document outlines the administrative procedure for complaints against civil service officials and employees in the Philippines. It discusses who may initiate a complaint, the requirements for complaints, the preliminary investigation process, the respondent's right to submit a counter-affidavit, potential preventive suspension of the respondent, formal investigation hearings, and rules around final decisions and appeals. The overall process involves fact-finding, allowing the respondent to reply to charges, potential suspension during the investigation, formal hearings if needed, a final decision, and appeal options depending on the imposed penalty.
Efficiency & discipline rules by muhammad ejaz ghani from stiMuhammadUmair522
The document discusses disciplinary rules and procedures for government servants in Pakistan. It outlines the purpose of disciplinary rules as balancing the rights of employers and employees. It defines key terms and outlines the grounds for penalties against government servants, including inefficiency, misconduct, corruption, subversive activities, and disclosure of official secrets. It describes the process for departmental inquiries and preliminary inquiries. It provides details of the minor and major penalties that can be imposed. It also outlines the inquiry procedures, including appointing an inquiry officer or committee, framing charges, allowing the accused to respond to allegations, and examining evidence.
This document outlines the grounds and process for disciplinary actions against local elected officials under the Local Government Code. The key points are:
1. Section 60 of the LGC lists 8 grounds for disciplinary action against elected officials, including disloyalty, violation of the Constitution, and commission of crimes.
2. Disciplinary actions that can be imposed include reprimand, suspension, or removal from office by court order.
3. An administrative complaint can be filed by any private individual or government officer. It must be filed with the Office of the President, Sanggunian Panlalawigan, or Sanggunian Panlungsod depending on the position of the respondent.
4. A preventive suspension
What happens when the Zoning Inspector's citation is appealed?
*content in this presentation is not legal advice. Please contact your attorney or my firm at trina@devanneylaw.com for more information
This document provides information about appeals procedures, advance rulings, and settlement provisions under service tax law in India. It covers a presentation for a certificate course on indirect taxes.
The presentation discusses appellate procedures before the Commissioner (Appeals), including who can file an appeal, the timeline and process for filing, grounds for appeal, and the commissioner's powers regarding hearings, orders, and remanding cases. It also briefly mentions advance rulings and settlement provisions will be covered.
The document summarizes the key aspects of the Punjab Employees Efficiency, Discipline and Accountability Act of 2006, which establishes procedures for investigating and penalizing government employees for misconduct, corruption, or inefficiency. It outlines the various penalties that can be imposed, from minor penalties like censure to major penalties like dismissal. It also describes the processes for initiating proceedings, conducting inquiries, issuing show cause notices, holding personal hearings, and appeals. The purpose of the act is to ensure accountability of government employees and allow for imposition of penalties if employees are found guilty of misconduct or other offenses.
The document summarizes the Punjab Employees Efficiency, Discipline and Accountability Act of 2006. It outlines the various versions of disciplinary rules that preceded the 2006 Act. It then details the key aspects of the 2006 Act, including grounds for proceedings, applicable penalties, procedures for initiating regular inquiries or using a show cause notice method, powers of inquiry officers, duties of departmental representatives, and timelines for completing proceedings. It also identifies the competent authorities for imposing penalties based on the employee's pay scale and describes a model draft order for appointing an inquiry officer or committee.
The document discusses various aspects related to filing an appeal under the Income Tax Act of 1961. It begins by defining an appeal as the examination of a lower court's decision by a higher court. It then outlines the different stages of an appeal process, starting with the first appeal to the Commissioner of Income Tax (Appeals), then the Income Tax Appellate Tribunal, High Court, and Supreme Court. The document provides details on the relevant rules regarding appeals, circumstances for producing additional evidence, important points to consider when filing an appeal, and guidelines for effective representation before appellate authorities.
The Administrative Disciplinary Process in the Philippine Civil ServiceDaisy Punzalan Bragais
The document outlines the administrative disciplinary process in the Philippines. It discusses the objective of maintaining discipline, the powers used in investigations like interrogation of witnesses, and how administrative proceedings can be commenced by heads of agencies or through citizen complaints. It describes the stages of preliminary investigation, formal investigation, and appeal. Key aspects of the process like preventive suspension, formal charges, hearings, and settlement of cases are also summarized. The goal is to ascertain the truth without strictly following court rules of evidence and ensure innocent parties are protected from hasty prosecutions.
The Commissioner may examine records related to any tax proceeding under the relevant act and revise orders found to be erroneous and prejudicial to revenue. An order can be revised within 2 years of the financial year-end in which the order was passed, except to give effect to court rulings. The assessee must be given an opportunity to be heard and can appeal revised orders to the Income Tax Appellate Tribunal. Revisions can be made if the original order is found to contradict later court judgments, retrospective law amendments, or apparent mistakes in the record.
Code of Civil Procedure and Its Role.pptJamesCorden6
This document provides an overview of the Civil Procedure Code of 1908 in India. It discusses the jurisdiction and hierarchy of civil courts, how suits are filed and served, procedures for evidence collection like affidavits and document production, interim orders, appeals processes, and methods of decree execution. The Civil Procedure Code consolidates civil procedure laws and establishes the framework for adjudicating civil disputes in Indian courts.
This document discusses public-private partnerships (PPPs) for infrastructure development and financing in India. It outlines that infrastructure was traditionally developed by the public sector but governments have not achieved their goals, necessitating a more commercial approach. This includes improving asset creation and management efficiency through corporatization, performance management, and service contracts. The document also examines implications like appropriate project bundling, risk assessment, financing structures, regulatory frameworks, and the roles of various actors in infrastructure development through PPPs.
This document outlines the various staff welfare schemes provided by Indian Railways to employees and their families. It discusses the welfare organization structure at the zonal and divisional levels and lists 20 specific welfare activities, including provision of institutes/clubs, children's education allowance, holiday homes, canteens, medical facilities, sports programs, cultural associations, and more. The document also describes the Railway Staff Benefit Fund committees at the zonal and divisional levels and the sources of credit to the fund.
This document discusses supervisory responsibilities related to safety. It covers topics like conducting safety meetings and investigations, assisting with job safety analyses, maintaining equipment and work areas, providing training, and supervising employee tasks. It emphasizes the importance of safety training for supervisors and employees, conducting inspections, documenting meetings and investigations, and using tools like job safety analyses to improve safety. Supervisors are responsible for ensuring safety compliance and accident prevention through activities such as training, inspections, investigations, and documentation.
The Payment of Wages Act regulates the payment of wages to workers in certain industries. It requires wages to be paid regularly and prohibits unauthorized deductions. The Act defines wages and applies to factories, railways, and other establishments. It specifies rules for fixing wage periods, timely payment of wages including upon termination, and permissible deductions such as for fines and loans. Employers must maintain registers with details of workers, work, wages paid, and deductions made. The Act aims to ensure proper and prompt payment of wages to workers.
The document discusses various types of pay and allowances for railway employees in India. It defines pay as the monthly amount drawn by an employee for the post held, including overseas pay, special pay, and personal pay. It describes different kinds of pay such as average pay, officiating pay, overseas pay, personal pay, presumptive pay, substantive pay, and special pay. It also discusses various allowances such as dearness allowance, house rent allowance, transport allowance, non-practicing allowance, nursing allowance, and washing allowance. It provides rates and eligibility criteria for these allowances. In the end, it briefly mentions conveyance allowance and mileage allowance for railway employees.
Organisation and funtioning of personnel department latestMohandas Poonthiyil
The document provides an overview of the personnel department and its functions on Indian Railways. Some key points:
- Indian Railways has over 1.3 million employees, making it one of the largest employers in the world. The personnel department manages this large workforce.
- The department is responsible for recruitment, training, welfare, industrial relations and other human resource functions. It interprets rules and ensures compliance with labor laws.
- The administrative structure includes the Railway Board, 17 zonal railways divided into 68 divisions. Centralized training institutes provide training.
- The objectives of the personnel department are to utilize human resources effectively, encourage employee contribution, and develop trust between management and workers.
This document discusses office procedures and document management. It describes the types of documents handled in offices, including letters, contracts, complaints, audit and inspection reports. It also discusses the types of files maintained, including ordinary, temporary, policy, confidential and secret files. The document outlines the roles and responsibilities of different staff in the office, including dealing assistants, personnel secretaries, and inspectorial staff. It provides guidance on organizing the office work and staff, maintaining records, and conducting inspections.
This presentation provides an overview of India's new pension scheme for government employees, including railway employees, who joined service on or after January 1, 2004. Some key points:
- The new contributory pension system (NPS) requires employees to contribute 10% of their salary each month, which is matched by the government. Contributions are invested in schemes managed by pension fund managers.
- The NPS has two tiers - Tier 1 is a non-withdrawable pension account and Tier 2 is an optional withdrawal account with no government matching.
- At retirement, at least 40% of the pension wealth in Tier 1 must be used to purchase an annuity to provide a lifetime pension.
The Minimum Wages Act of 1948 was enacted based on Article 43 of the Indian Constitution, which mandates a living wage for all workers. The Act aims to prevent exploitation of workers, especially in industries where labor is unorganized. It allows appropriate governments to prescribe minimum wage rates for certain employments. Key features include fixing minimum wage rates and normal working hours, provisions for overtime work, and penalties for non-compliance. The Act applies to industries like construction, railways, stone breaking, cleaning services and more. It has been amended over time, with the national minimum wage floor raised to Rs. 115 per day in 2011. Minimum wages vary across states, from Rs. 169-297 per day depending on skill level.
Io,po and dh do's & don'ts and role in inquiry under D&ARMohandas Poonthiyil
The document provides guidance for Inquiry Officers, Presenting Officers, and Defence Helpers on their roles and responsibilities in departmental disciplinary proceedings. It outlines principles like natural justice, reasonable opportunity, and timeframes for inquiries. It discusses the purpose of inquiries, model procedures, and important dos and don'ts for completing inquiries expeditiously while protecting the charged officer's rights.
This is a field-oriented PPT and deals with every step from the initiating to the finalization of the Creation of Posts, Surrender of Posts, Medical de-categorization and alternative employment, dealing with surplus staff cases, which no other book has tried to explain and a lot of effort has gone into preparing the contents.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
Assessment and Planning in Educational technology.pptxKavitha Krishnan
In an education system, it is understood that assessment is only for the students, but on the other hand, the Assessment of teachers is also an important aspect of the education system that ensures teachers are providing high-quality instruction to students. The assessment process can be used to provide feedback and support for professional development, to inform decisions about teacher retention or promotion, or to evaluate teacher effectiveness for accountability purposes.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
Physiology and chemistry of skin and pigmentation, hairs, scalp, lips and nail, Cleansing cream, Lotions, Face powders, Face packs, Lipsticks, Bath products, soaps and baby product,
Preparation and standardization of the following : Tonic, Bleaches, Dentifrices and Mouth washes & Tooth Pastes, Cosmetics for Nails.
2. A
WORKSHOP
ON
Discipline & Appeal Rules
By
MOHANDAS P
Asst. Professor. (Personnel Management)
National Academy of Indian Railways (N.A.I.R)
VADODARA
4. • In exercise of the powers conferred by the
proviso to Article 309 of the Constitution of India
the President hereby makes the following rules
The Railway servants
Discipline and Appeals (Rules)
1968
Constitutional Provisions
Article 309
5. D.A.R. 1968
Discipline and Appeal Rules
DAR
WHOM
BOTH - HE & ME
HE UNDERSTOOD;
BUT Y ME ?
YES, Because I fail to follow the laid down
PROPER PROCEDURE
1968 because segregated from IREM ON 1ST OCT. 1968
Y?
6. Hey! Look at Yourself in the Mirror – It never Lies
So Remember Initiate D&AR only To punish the
guilty and not to improve an Employee. D&AR
involves a lot of time and money.
Roughly estimated on an average each Charge Sheet
costs the administration about Rs.50,000/=
Come on Lets us commence our journey on D&AR now………………
7. HOW CAN I ?
NO BOOK -
NO TEACHING
1st Question - DO I KNOW THE RULES ?
Will this help ?
No ! Y ? Cause
I have an ARMI
Acts Rules Manuals Instructions
This is UR ARMI with which U have to run THE RAILWAYS
8. A.O.M. Application Of Mind
PROS CONS
RESULTS
WHAT IS Application Of Mind ?
ANALYSIS
AOM “AOM” has its source in your NAVEL whereas all other words in the world
have their source in the GULLET. “Analysis” is “OM”
THE ONLY SOLUTION TO GET RID OF
9. WHY IS D.A.R. NECESSARY ?
SHOULD IT BE USED AS A TOOL TO IMPROVE
OR ONLY TO PUNISH THE OFFENDER ?
WHY DO WE LOOSE CASES IN C.A.T?
* BECAUSE OF DEFAULT PROCEDURE !
* BECAUSE OF DENIAL OF NATURAL JUSTICE !
ANY CASE WHICH WE HAVE LOST
BECAUSE OF PUNISHMENT
IMPOSED?
WHAT ARE WE SUPPOSED TO DO AS AN
OFFICER INVESTED WITH POWERS TO
PUNISH THE GUILTY ?
10. Forms USED IN DAR DEALINGS
S.F. 1 SUSPENSION
S.F. 2 DEEMED SUSPENSION
S.F. 3 UNEMPLOYMENT CERTIFICATE
S.F. 4 REVOCATION
S.F. 5 MAJOR PENALTY CHARGESHEET
S.F. 6 REFUSAL OF ADDL.DOCUMENTS
S.F. 7 APPOINTMENT OF INQUIRY OFFICER
S.F. 8. - DO - OF PRESENTING OFFICER
S.F.10 CSHEET IN COMMON PROCEEDING
S.F.10A APPT. OF I.O. IN -DO-
S.F.10B APPT. OF P.O. IN -DO-
S.F.11 MINOR PENALTY CHARGESHEET
S.F.11A INQUIRY IN MINOR PENALTY CS.
S.F.11B TO CONVERT MAJOR INTO MINOR
SF 9 A-C CANCELLED DURING 1972 And 1975
Check Details
11. AUTHORITIES
Disciplinary Authority Issue C/sheet
For N G One who can impose a penalty as
per SOP that is only Minor OR
Both and if can impose any major penalty.
For Gazetted - One who can impose any of
the penalties under Rule 6 of DAR
Appointing Authority
The Authority that appointed the employee
in the present grade in which working
and not the initial appointing authority
Controlling Authority
Under whose control the employee
is working including heirachy
Issue promotion orders by the lowest competent authority
15. SUSPENSION
WHAT IS SUSPENSION ?
SUSPENSION may BE RESORTED TO
ONLY 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
Cont.
WHY DO WE SUSPEND AN EMPLOYEE ?
Depriving one of his powers.
To keep him away from office premises –
calling his Attendance daily is illegal
16. DEEMED SUSPENSION
WHAT IS DEEMED SUSPENSION ?
How IS IT DIFFERENT FROM SUSPENSION ?
DEEMED SUSPENSION MAY BE RESORTED TO IF :
- IN CUSTODY FOR A PERIOD BEYOND 48 HRS.
- CONVICTED/IMPRISIONED BEYOND 48 HRS.
- REINSTATED on APPEAL, REVISION, REVIEW OR
- REINSTATED DUE TO THE ORDERS OF CAT OR COURT
BD”s NO; E(D&A)85RG 6-15 OF 16.4.85 AND E(D&A)86 6-19 OF 21.3.86
SUSPENSION SHOULD BE FOLLOWED only BY A MAJOR
PENALTY OTHERWISE THE ENTIRE PERIOD IS TO BE
TREATED AS DUTY FOR ALL PURPOSE.
Suspension is effective from orders received – Deemed Suspension from retrospective effect
17. ENTITLEMENTS DURING SUSPENSION
SUB .
ALLOWANCES
• NO TYPE OF LEAVE TO BE GRANTED
• SUBSISTENCE ALLOWANCE
• REVIEW (1ST AFTER 3 MTHS).
• D.A. ON SUBSISTENCE ALLOWANCES
• PASSES - GAZ 1/2 N0s. - N.G. 1, IF DUE.
• P.L.B. - PAYABLE ON RESUMPTION
• MEDICAL FACILITIES INDOOR AS WELLAS 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 but obtain WRITTEN PERMISSION
18. SUBSISTENCE ALLOWANCE
SURVIVAL
EQUAL TO HALF
DEDUCTIONS
MINIMUM
COMPULSORY
OPTIONA L
NON-DEDUCTABLE
IF SUBSISTENCE ALLOWANCE IS NOT PAID TO THE
EMPLOYEE EX-PARTE DECISION CANNOT BE TAKEN- S.C.
OVERPAYMENTS - DISCRETIONARY
REPORT TO DUTY ONLY AFTER ISSUING SPECIFIC
REVOCATION ORDERS - FORM NO:- 4
Not a penalty
yet BAD
REPURCUSSIONS
Details Pl.
19. PENALTIES - RULE 6
TWO TYPES OF PUNISHMENTS - MINOR AND MAJOR
(i) CENSURE
(ii) WITHHOLDING OF PROMOTION
(iii) RECOVERY OF PECUNERY LOSS
(iii) a WITHHOLDING OF PASSES/PTOs
(iii) b REDUCTION IN TIME SCALE(3 CLAUSES)
(iv) STOPPAGE OF INCREMENTS
(v) REDUCTION IN TIME SCALE
(vi) REDUCTION TO LOWER SCALE
(vii) COMPULSORY RETIREMENT
(viii) REMOVAL FROM SERVICE
(ix) DISMISSAL FROM SERVICE
CPR - PRI - RR - CRD
MINOR PUNISHMENTS
MAJOR PUNISHMENTS - (311 C.O.I)
Details Pl.
21. Constitutional Provision
ARTICLE 311
PRINCIPLES OF NATURAL JUSTICE
1. NO ONE SHOULD BE JUDGED IN HIS OWN CAUSE
2. HEAR THE OTHER SIDE
3. THE DECISION SHOULD BE IN GOOD FAITH
1. NO CIVIL SERVANT SHALL BE DISMISSED OR REMOVED
BY AN AUTHORITY SUBORDINATE TO THAT BY WHICH
HE WAS APPOINTED.
2. NO SUCH PERSON SHALL BE DISMISSED OR REMOVED
OR REDUCED EXCEPT AFTER AN INQUIRY IN WHICH:
a) HE IS INFORMED OF THE CHARGES AGAINST HIM and
b) GIVEN A REASONABLE OPPORTUNITY OF BEING HEARD
IN RESPECT OF THESE CHARGES.
Details Pl.
22. CHARGESHEET
WHAT IS A CHARGESHEET ?
WHEN THERE IS
A PRIMA FACIE EVIDENCE
Cont.
WHEN DO YOU PROPOSE
TO ISSUE A
CHARGESHEET ?
-A DOCUMENT
SHOWING CHARGES ALLEGED
with
VIOLATION OF AN ORDER OR RULES
23. WHAT DO YOU GET FROM PRIMA FACIE EVIDENCE ?
VIOLATION OF RULE / ORDER
GRAVITY OF OFFENCE
MAJOR OR MINOR PENALTY
SUSPENSION desired or NOT
INVOLVEMENT
Cont..
24. Before issuing a CHARGESHEET ensure
you are in possession of :
OFFENDER
RULES VIOLATED
DOCUMENTS RELIED UPON
STATEMENTS OF ALL WITNESS
WITNESS
26. FRAMING OF CHARGESHEET
Use LANGUAGE i.e. CSFP
RULES OR ORDERS VIOLATED
SEPARATE CHARGES
AVOID TO INCLUDE MATTER DECIDED
CORRECT NAME & DESIG. OF CHARGED
OFFICER & DISCIPLINARY AUTHORITY
Cont..
(Use Clear, Simple. Precise Factual language
Always Indicate Date Place & Time of Offence
Indicate the Correct Rule for each charge leveled
Don’t Multiply or club charges
Refrain from including charges for which already penalized
Can’t hang a man twice for the same offence
He may refuse to accept the charge sheet on this ground
Lack of devotion to duty
Unbecoming of Rly. Servant
Integrity
27. WITHIN 90 DAYS OF SUSPENSION
HAND DELIVERY - send 3 people
IF REFUSES - 2 WITNESSES
REG.POST A.D. - UNDELIVERED
RTA/ANK PASTE ON NOTICE BOARD
DO’NT OPEN THE UNDELIVERED
REGISTERED LETTER.
ISSUE OF CHARGESHEET
If suspension is not revoked
But not through SUBORDINATE
Of the 3 two will sign as witness to refusing to accept C/sheet
Don’t forget to give file No. on A/D card
Keep on DAR file as record of having made attempts to deliver
28. AFTER SERVICE OF C/SHEET
AWAIT DEFENSE - 10 DAYS/ACK.
NOT RECEIVED - CONFIRM FROM
SUPERVISOR / UNIT-IN-CHARGE
ACCEPT - DROP - IMPOSE PENALTY
DEPENDS ON PUNISHMENT IMPOSED
( ENSURE INQUIRY REQUIRED OR NOT)
APPOINT INQUIRY OFFICER
CHECK PROGRESS OF THE CASE
APPOINT INQUIRY OFFICER
MAY APPOINT I O/P.O. while ISSUING SF 5 SO THAT THE
CHARGED OFFICER being AWARE OF WHO THE INQUIRY
OFFICER is CAN REPRESENT IF so DESIRES in his defense.
Details Pl.
29. INQUIRY
Every inquiry proceeding is to be
conducted in terms of
Rule 9 of the D&A Rules, 1968.
Make 3 copies of findings- 1 for DA, 1 for CE and 1 for IO
30. Remember there is a vast difference between the
Inquiry done in a Court and done Departmentally.
In Courts one is acquitted due to benefit of doubt
Whereas in Departmental Proceedings one can be
Held guilty based on pre preponderance of doubt
31. • Orders of appointment (SF7) issued by the Disciplinary Authority.
BEFORE COMMENCING INQUIRY ENSURE
• Charge sheet, original relied upon documents, acknowledgement
of charge sheet, Initial defense, etc. received or not
• Availability of statements of all witness mentioned in C/sheet
• To call the charged employee for a preliminary hearing within
30 days of appointment as Inquiring Authority
• During preliminary inquiry to ensure the charged employee has
received / inspected the relied upon documents / taken extracts or
obtained copies thereof.
•During Inquiry to check whether Charged employee pleads guilty
or not guilty. If admits all the charges unconditionally, ask to
submit Written Brief. No further proceedings of inquiry would be
necessary. In case he pleads non-guilty or accepts the charges
conditionally, proceed inquiry.
32. • Ask the charged employee whether he would present his case
himself or requires the assistance of Defense Counsel, if requires
the assistance of D.C. obtain willingness of Defense Counsel.
• Also find out whether he would require any additional documents,
and whether would want to examine any defense witnesses.
• Fix mutually a convenient date, time and place for holding of a
regular inquiry.
• Ensure all additional documents relevant to the charge demanded
have been examined thereafter commence the regular inquiry.
• All proceedings done in presence of Charged Employee and his
D.C.,if nominated.
• The prosecution side’s case should be presented first. Opportunity
for cross-examination of each witness should be afforded to the
Charged Employee and be allowed to put up leading questions.
Procedure cont…..
33. • After all witnesses mentioned in the C/sheet have been examined
and case of prosecution side is closed, the Charged Employee can
introduce the defense witness/documents
• Thereafter ask to submit a defense taking into account what has
been brought out by the prosecution/defense witness. The defense
side should be allowed to present its own case.
• If the charged employee desires to appear as a defense witness in his
own case, he should be examined first before allowing examination
of any other defense witness.
Procedure cont…..
• After defense concludes its submissions, question on the points
going against him
• Now pen the findings to be forwarded to the DA.
• After general examination ask to submit brief orally or in writing.
In case submits orally, the same should be got recorded by IO.
34. INQUIRY
LETTER TO C.O.- ATTEND WITH D.C. C/- WITNESS,
C.O., D.A - ONLY 2 POSTPONMENTS. GIVE D.P.T
MAKE C.O. FEELAT EASE - 5 COPIES OF D -D-P
SIGNED BY C.O., I.O. & D/C AND P.O, IF ANY
INFORM D.AABOUT 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
Cont..
35. PROCEDURE FOR CONDUCT OF INQUIRY
P.A.
I.O
D.C
PRELIMINARY INQ. I.O. TO C.O 5 QUESTIONS - DC Not permitted
EXAMINATION-IN-CHIEF I.O TO WITNESS - Shows STATEMENT
AND INTRODUCE DOCUMENTS as EXHIBITS - NARRATE INCIDENCE
IN OWN WORDS. IF DOES NOT ACCET STATEMEMT GIVEN EARLIER
ADDLITIONAL DOCUMENTS OR WITNESSES allowed IF RELEVANT OR REFUSE ON FORM 6
X’EXAMINATION CO/DC TO WITNESS
I.O. TO NOTE ANSWERS FOR AND AGAINST- useful later
RE-EXAMINATION , IF ANY
Cont..
Details Pl.
36. INQUIRY NOT NECESSARY - when ?
Cont..
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 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)
37. DIALATORY TACTICS BY C.O. & D.C.
1. REP. AGAINST BIAS - SUBMIT TO Revisionary Authority.
2. NON-AVAILABILITY OF D.C. IN PRE.
- DEFENCE WILL NOT BE PREJUDICED
3. NOT GIVING PARTICULARS / DOCUMENTS FOR INSP.
- INSIST ON FULL PARTICULARS AND RELEVANCE
4. GIVING NAME OF D.C. WITH OUT ACCEPTANCE CERT.
- INSIST ON CERTIFICATE
5. ASKING FOR ADJOURNMENTS ON FILMSY GROUNDS
- BE REASONABLE BUT FIRM
6. DELAY in submitting WRITTEN BRIEFS
- STICK TO PRESCRIBED DATE
7. RESORT TO COURT PROCEEDINGS
- PROCEEDINGS TO BE STAYED ONLY ON STAY by Court/CAT
8. GROUNDS OF ILLNESS
- VERIFICATION OF GENUINENESS
9. NON ATTENDANCE OF D.C.
- REASONABLE LIMITS BUT NOT FOR CONVENIENCE
38. ACTION ON COMPLETION OF INQUIRY BY I.O.
ALL P.W.s/D.W.s EXAMINED Go FOR
SELF EXAMINAION OF THE Charged Official
INTRODUCE Charged Official’s STATEMENT AND DRAW
ATTENTION TO REPLIES GIVEN BY PWs & DWs
GOING AGAINST HIM – any thing he has to say about it.
Give him time to submit his Written Brief within 10 days
Note if there is a PO then PO will first submit his Brief, give
A copy to C.O. and then ask him to submit his WB
Take all correspondence in to consideration and pen your
Findings – Best findings is the one which does not require
Referring to any other document while reading it. Details Pl.
39. ACTION AFTER INQUIRY
ENSURE PROPER PROCEDURE FOLLOWED OR NOT
IF NOT REINQUIRY-SAME I.O. OR A FRESH I.O. OR
OWN FINDINGS BASED ON EVIDENCE ON RECORD.
IF ACCEPTED SEND COPY TO CHARGED OFFICER.
ON RECEIPT OF FINAL DEFENSE CONSIDER ALL
CORRESPONDENCES RIGHT FROM ISSUE OF
CHARGESHEET TO FINAL DEFENSE AND DECIDE THE
CASE I.E. DROP THE CASE OR IMPOSE PENALTY.
ENSURE ENTRY OF PUNISHMENT IN SERVICE SHEET
IN RED INK under OWN’s SIGNATURE / DESIGN.
FORWARD COPIES OF NIP TO ALL CONCERNED
AND OBTAIN ACKNOWLEDGEMENTS.
Cont..
Details Pl.
40. SPEAKING ORDERS
WHAT IS A SPEAKING ORDER ?
* VERY IMPORTANT DOCUMENT - INDICATES
PUNISHMENT IMPOSED ON THE EMPLOYEE
* AN ORDER AGAINST WHICH AN APPEAL LIES
* SHOULD BE UNDERSTOOD.
1
WHO HAS BEEN CHARGESHEETED2
WHAT FOR CHARGESHEETED
3
HOW CHARGES PROVED OR NOT
4
WHICH PENALTY IMPOSED
5
WHY THIS PENALTY IMPOSED
6 7
where
when
Details Pl.
41. WHAT IS APPEALABLE ?
ANY SERVICE MATTER
SUBSISTENCE ALLOWANCE.
SUSPENSION IF NO CHARGESHEET
IS ISSUED WITHIN 90 DAYS AND THE
SUSPENSION IS NOT YET REVOKED
WHAT IS NOT APPEALABLE ?
ORDERS ISSUED BY THE PRESIDENT
ORDERS OF INQUIRYOFFICER ISSUED
DURING THE INQUIRY PROCEEDINGS
INTERLOCUTORY NATURE ORDERS
Cont..
Details Pl.
42. DEALING WITH APPEALS
DEALING
CLERK
DISCIPLINARY
AUTHORITY
APPEALLATE
AUTHORITY
Within time limit or not
Correct Address of AA
Correct Address of C Or
Respectful &Polite Language
Material related to case.
Brief History of Case
Para Wise Remarks
DAR Case in original
Service sheet of C.E.
C.R.s of C.E.
W.T.L/N
C.A.A.A
C.A.C.O.
C.R.P.L.
R.M.F.C
B.H.O.C.
P.R.O.A
D/C.I.O
S.S.O.E
C.R.O.E
C.P.F/N
O.B.E.R
C.G.O.O.
M.E.R.P
S.Orders
Procedure followed or not
Orders backed by evidences
Penalty commensurate
Maintain.Amend Retain
Give Speaking Orders
43. R E V I S I O N
ALL STEPS AS IN DEALING WITH APPEALS
WILL BE FOLLOWED EXCEPT THAT THE
PUNISHMENT CAN BE
ENHANCED WITHIN 6 MONTHS
AND REDUCED WITHIN 1 YEAR
FROM THE DATE OF THE ORDERS
AGREIVED AGAINST.
AT ANY STAGE IF THE PUNISHMENT IS ENHANCED
THE EMPLOYEE SHOULD BE INFORMED OF THE
PROPOSED ACTION BEFORE ITS IMPLEMENTATION
Details Pl.
44. THE PRESIDENT OF INDIA
CAN REVIEW A CASE AT ANY TIME.
REVIEW
REVIEW IS NOT AN EMPLOYEE’S RIGHT
HOWEVER, HE CAN REQUEST FOR REVIEW
ONLY IN CASE IF IS ABLE TO INTRODUCE A
NEW EVIDENCE THAT WAS LOST SIGHT OF
IN THE PAST STAGES .
45. SPECIAL PRIVILEGES TO N.G. STAFF
BEFORE CONSIDERING APPEAL
TO GIVE A PERSONAL
HEARING IN CASE OF
REMOVAL,DISMISSAL OR
COMPULSORY RETIREMENT
of A N.G. EMPLOYEE
CAN REQUEST TO REFER
HIS CASE TO R.R.T. -
LOOSES CHANCE OF
REVISION AND REVIEW
Details Pl.
46. NOW I AM SURE
YOU WILL SAY
I WILL TEACH MY STAFF & OTHERS
WHAT IS D.A.R
&
WHAT IS A.O.M.