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Core Purpose

Amendment to the Railway Servants (Discipline and Appeal) Rules, 1968 modifying the provision on engaging a representative in disciplinary inquiries.

Detailed Summary

By G.S.R. 409(E) dated 16th July 2024 (R.B./Estt. No. 56/2024), the Ministry of Railways (Railway Board), exercising powers under the proviso to article 309 of the Constitution, notified the Railway Servants (Discipline and Appeal) (Second Amendment) Rules, 2024, effective from the date of publication in the Official Gazette. The amendment substitutes clause (a) of sub-rule 13 of rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968 (principal rules published vide notification S.O. 3181 dated 14th September 1968, last amended vide G.S.R. 286(E) dated 22nd May 2024), to provide that a Railway Servant facing disciplinary inquiry may take the assistance of another Railway Servant (including one on leave preparatory to retirement) working under the same Railway Administration, or under the jurisdiction of the Railway Administration where the inquiry is held, to present the case, but may not engage a legal practitioner unless the Presenting Officer appointed by the Disciplinary Authority is a legal practitioner or the Disciplinary Authority permits it; the Inquiring Authority may, for recorded reasons, permit assistance from a Railway Servant posted under a different Railway Administration, and must record and communicate reasons in writing if it rejects such a request, to enable representation to the Disciplinary Authority. The notification (No. E(D&A) 2019 RG6-1) is signed by Sunil Kumar, Executive Director/Establishment, and digitally signed by Gorakha Nath Yadava.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-17072024-255482 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 372] NEW DELHI, TUESDAY, JULY 16, 2024/ASHADHA 25, 1946 MINISTRY OF RAILWAYS (Railway Board) NOTIFICATION New Delhi, the 16th July, 2024 R.B./Estt. No. 56/2024 G.S.R. 409 (E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Railway Servants (Discipline and Appeal) Rules, 1968, namely:- 1. Short title and commencement:— (1) These rules may be called the Railway Servants (Discipline and Appeal) (Second Amendment) Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Railway Servants (Discipline and Appeal) Rules, 1968, in rule 9, in sub-rule 13, for clause (a), the following clause shall be substituted, namely :- "13(a) The Railway Servant may take the assistance of any other Railway Servant (including a Railway Servant on leave preparatory to retirement) working under the same Railway Administration, subject to whose jurisdiction and control he is working or working under the jurisdiction of the Railway Administration where the inquiry is held, to present the case on his behalf, but may not engage a legal practitioner for the purpose, unless the Presenting Officer appointed by the Disciplinary Authority is a legal practitioner, or, the Disciplinary Authority, having regard to the circumstances of the case, so permits; Provided that the Railway Servant may take the assistance of any other Railway Servant posted under any other Railway Administration, if the Inquiring Authority having regard to the circumstances of the case, and for reasons to be recorded in writing, so permits: Provided further that if the Inquiring Authority rejects the request of the Railway Servant to take an assisting Railway Servant from any Railway Administration, it would record reasons in writing and communicate the same to the Railway Servant to enable him to make representation against the order, if he so desires, to the Disciplinary Authority." [No. (E(D&A) 2019 RG6-1] SUNIL KUMAR, Executive Director/Establishment Note:- Principal rules were published vide notification number S.O. 3181, dated the 14th September, 1968 and was last amended vide numbers G.S.R. 286 (E), dated the 22nd May, 2024. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH Digitally signed by GORAKHA NATH YADAVA YADAVA 2024.07.17 13:55:23+05:30

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