Amendment to Rule 9(13)(a) of Railway Servants (Discipline and Appeal) Rules, 1968: RBE No. 56/2024

Amendment to Rule 9(13)(a) of Railway Servants (Discipline and Appeal) Rules, 1968: RBE No. 56/2024 dated 18.07.2024

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBE No. 56/2024

No. E(D&A) 2019 RG6-1

Date: 18.07.2024

The General Manager,
All Zonal Railways and Production Units etc.
(As per standard list)

Sub: Amendment to Rule 9(13)(a) of Railway Servants (Discipline and Appeal) Rules, 1968.

Rule 9(13)(a) of Railway Servants (Discipline and Appeal) Rules, 1968 has been amended vide Gazette Notification bearing GSR No. 409(E) dated 16.07.2024. A copy the Gazette Notification is enclosed herewith for necessary action.

2. Please acknowledge receipt.

(Aniruddha Thakur)
Dy. Director/Estt.(D&A)
Railway Board

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 8.0. 3181, dated the 14th September, 1968 and was last amended vide numbers G.S.R. 286 (E), dated the 22nd May, 2024.

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Source: Indian Railways