appellant preferred an appeal before the Railway
Board under rule 18(ii) of the Railway Servants (Discipline
and Appeal) Rules, 1968 but the Railway Board ... appellant preferred an appeal before the
Railway Board under r.18(ii) of the Railway Servants
(Discipline & Appeal) Rules, 1968 but the Railway Board
Chief Commercial Manager, Northern Railway and the Sr. Divisional Commercial Manager informed him that under the provisions of Railway Servants (Discipline & Appeal) Rules ... revision petition of a delinquent Railway employee under the provision of Rule 25 of Railway Servants (Discipline and Appeal) Rules, 1968 which provides as under
supra). That was a case dealing with R. 14 of the Railway Servants (Discipline and Appeal) Rules, 1968, which read as follows :
"Notwithstanding anything ... Rules 9 to 13 :
(i) where any penalty is on a railway servant on the ground of conduct which has led to his conviction
preliminary inquiry. This is in stark violation of the provisions of Railway Servants (Discipline & Appeal) Rules, 1968, under which the Inquiry Officer is required ... applicant; and
The Inquiry Officer violated Rule 9.21 of Railway Servants (Discipline & Appeal) Rules.
9. The principal grievance of the applicant is that
concerned with railway
servant rules, where the language occurring in Rule 14(2) of the CCS (CCA)
Rules and Railway Servants (Discipline and Appeal) Rules ... compared to the Rules relating to railway servants or central government
servants, appointment of retired government servant as Inquiring Authority
Signature Not Verified
Digiltally Signed
Railway Servants and every member of the
force shall, for all purposes, be regarded as Railway
servant within the meaning of the Indian Railway ... class of Railway servants from the
operation of all or any of these rules."
3.3 Under Railway Servants (Discipline and Appeal)
Rules, 1968, Rule
issued by the respondents
under Rule 14(i) of the "Railway Servants (Discipline &
Appeal) Rules, 1968" to the Applicants ... imposed on a railway
servant by the authorities specified in Schedules I, II and III to
the Railway Servants Rules. Rule 9 and 10 prescribe
also been
pleaded that the provisions of clause 9.21 of Railway
Servants (Discipline & Appeal) Rules, 1968 have not been
followed and lastly reasoned ... applicant.
6.1 In regard to compliance with clause 9.21 of the Railway
Servants (Discipline & Appeal) Rules, 1968, reliance was
placed on the decision
General Manager (E) of the Western Railway in respect of Schedule
-II of Railway Servants (Discipline & Appeal) Rules, 1968 which
clarifies that where ... issued by
the General Manager (Western Railway) with respect to
clarification Schedule -II of Railway Servants (Discipline & Appeal)
Rules, 1968, does state that where
haste manner. Mandatory
provision provided under Rule 9 of the Railway Servants (Discipline and
MANISH KUMAR
SRIVASTAVA
4
Appeal) Rules have not been followed, thus ... evidence and to interrogate the
applicant under Rule 9 (21) of Railway Servants (Discipline and Appeal)
Rules, 1968. It is further argued that mere
