Friday, 27 September 2019

Penalties on railway employees for dismissal / elimination or degradation violation of provisions of the Indian Constitution

Penalties on railway employees for dismissal / elimination or degradation violation of provisions of the Indian Constitution


No. II/5/Part III
Dated: 21/09/2019
The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Imposition of penalties of 'Dismissal / Removal or Reduction in rank" on employees in Railways - violation of provisions of the Constitution of India - reg.

Ref: (i) NFIR's PNM Item No. 40/2018
(ii) Railway Board's letter No. E(D&A)2012 RG 6-34 dated 30/09/2015.
(iii) NFIR's letter No. II/5/Part II dated 21/02/2017.
(iv) NFIR's letter No. II/5/Part III dated 19/02/2018 & 30/05/2018.

Railway Board vide Order No. ERB-I/2018/23/51 dated 14/12/2018 has constituted a Committee with following terms of reference:-
"To look into the entire gamut of D&AR procedure for speeding up the cases and simplifying the rules and procedures to make them more transparent, intangible, less cumbersome and time-bound".
Also check: Imposition of penalties of dismissal, removal or compulsory retirement – Determination of appointing authority

In this connection, NFIR invites kind attention of the Railway Board to its PNM Agenda Item No. 40/2018 on the subject. Federation further desires to convey to the Railway Board that the Article 311 of the Constitution of India mandates that no person who is a member of a Civil Service of the Union or an All-India Service or a Civil Service of a State or holds a Civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that authority by which he was appointed.

Federation has already brought to the notice of the Railway Board that the schedule of powers on D&A matters followed by the Railway Board or the Zones or Production Units are not in conformity with the provisions of the said Article of the Constitution. Federation vide its letter dated 21/02/2017, 19/02/2018 and 30th May, 2018 had also brought out specific cases, urging for revamping the SoPs on D&AR matters. A copy of these letters are enclosed with the request that the same may also be brought to the notice of the Committee and to take into consideration the Federation's PNM Agenda Item. Federation has also come to know that the tenure of the Committee has since been extended upto 01/11/2019 in terms of Board's Order dated 16/09/2019 for study and making suitable recommendations.

Also read: Imposition of un-warranted quantum of minor penalty – Railway Board to NFIR

Federation may kindly be kept advised of action taken in the matter.
DA/As above
Yours faithfully,
(Dr. M.Raghavaiah)
General Secretary


Source: NFIR

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