Premature Retirement of Railway Servants: Periodic review

Premature Retirement of Railway Servants – Reiteration of salient points regarding strengthening of administration by periodic review under Rule 1802(a)/ 1803(a)/ 1804(a) – R.11,1987 Edition

भारत सरकार/GOVERNMENT OF INDIA
रेल मंत्रालय/MINISTRY OF RAILWAYS
(रेलवे बोर्ड/RAILWAY BOARD)

RBE No.- 130/2019

No. E(P&A)I-2019/RT-21

New Delhi Dated: 08.08.2019

The General Managers, All Indian Railways/PUs.
The DGs
RDSO & NAIR
The Directors,
IRICEN/IRIEEN/ IRIMEE /IRITM

(Attn: PCPOs)

Sub: Reiteration of salient points regarding strengthening of administration by periodic review under Rule 1802(a)/ 1803(a)/ 1804(a) – R.11,1987 Edition.

******

Ministry of Railways has issued instructions from time to time regarding improving of efficiency and strengthening of administrative machinery at all levels by the Govt. by exercising of its powers under Rule l802(a)/ 1803(a)/ 1804(a) – R.Il, 1987 read with Rule 66(b) of RSPR, 1993 to retire a Railway servant in public interest before the normal date of his retirement subject to fulfillment of conditions laid down in the instructions. The salient points of the various instructions on the subject have been consolidated with a view to improving clarity and understanding and are enclosed for reference. This summary, however, must be read with all the relevant instructions on the subject.

Kindly acknowledge receipt. Hindi version will follow.

DA: As above.

(N.P. Singh)
Jt. Director/Estt.( &A)
Railway Board

Premature Retirement of Railway Servants: Periodic review Salient Points

1. With a view to improving efficiency and strengthening administrative machinery at all levels, Government has the absolute power under Rule 1802(a), I 803(a), 1804(a) of IREC Vol-II 1987 and Rule 66(b) of RSPR 1993 to retire a Railway employee in public interest, before his normal date of retirement, on attaining a specified age or on completing a specific length of service on the grounds of (i) inefficiency/ ineffectiveness, or (ii) doubtful integrity, or (iii) for conduct unbecoming of a Railway Servant. Criteria and procedure have been laid down to ensure that power is exercised fairly and impartially and not arbitrarily.

2. Instructions in this regard have been circulated from time to time, both by Department of Personnel and Training (DoP&T) and the Ministry of Rail ways (Railway Board). The following codal provisions and instructions contain all the relevant instructions on the subject.

1) Railway Board ‘s instructions vide PC-68/RT/5 dated 08.09.1969;
2) Rail way Board ‘s instructions vide E(O)I-69 SR I 0/ 13 dated 12. 12.1969;
3) Consolidated instructions of RB issued vide letter No. E(P&A)I-77 /RT-53 dated 15.11.1979;
4) RB’s instructions vide E(P&A)l-87/RT-4 dated 17.10.1989;
5) DoP&T’ s instructions vide OM No. 250 13/ 1/20 13-Estt(A) dated 21.03.2014;
6) DoP&T’ s instructions vide OM No. 250 1 3/ 1/20 13-Estt.A-I V dated 1 1.09.2015;
7) RB’s instructions vide (P&A)I-2015/RT/38 dated 10/12.11.2015;
8) Provisions under FR 56(j), 56(1) or Rule 48(1)(b) of CCS (Pension) Rules, 1972; Corresponding provisions in IREC, Vol.I I , 1987 – Rule I 802(a)/ l 803(a)/ l 804(a).

3. An attempt has been made to bring the main elements of these instructions together in one document. However, this is only to improve clarity and understanding. This summary has to be read with all relevant instructions already issued on the subject.

4. Criteria for review of Services:

a) Age and Service rendered:

1) Group A and B:After attaining 50 years (if entered service before age 35);
2) Group A and B: After attaining 55 years (if entered service after age 35);
3) Group C: After attaining 55 years of age;
4) Group C: After completion of 30 years of service, if not governed by any pension rules, under Rule I 804(a).
5) Group D: I n pensionable cases, can be done after completion of 30 years of pensionable service.
(Reference: Rule 2046 R.11 (old), Letter No. PC-68/RT/5- I dated 27.1 1.1976, E(P&A)- 76/RT/38 dated 24.07. 1976. Now I 803(a) of R-11, 2005 Edition)
6) Any employee, irrespective of age, can be retired prematurely by giving him three month’s notice after he has completed 30 years of qualifying service.
( Reference: E.48-CPC/208 dated 08.07.1 950 as amended vide F(E) ll I 69 PN -1/15 dated
27.08.1969 incorporated as para 620 of Manual of Railway Pension Rules, 1 950.)

b) Service Records:

The entire service records should be considered in every review. Based on the service records, a comprehensive brief is to be prepared for consideration of the ‘Review Committee’. ‘Service records’ would take into account the following:

1) ACR/APAR dossiers;
2) Personal file;
3) Work and performance of the officer to be assessed by looking into the files dealt with by hi m or i n any papers or reports prepared and submitted by him;
4) Un-communicated remarks in ACRs/A PARs may be taken into consideration;
5) If the officer was promoted during the last 5 years (on the basis of seniority-cum-fitness and not on the basis of merit), the previous entries in the ACRs may be taken into account.
( Reference: E(P&A) l-201 5/RT/38 dated 10/12.11.2015)

c) Ground of Ineffectiveness vis-a-vis Doubtful Integrity:

1) No employee should ordinarily be retired on grounds of ineffectiveness if his/ her service during the preceding 5 years or where he/she has been promoted to a higher post during that 5 year period, hi s/her service i n the highest post, has been found satisfactory.

2) There is no such stipulation if the employee is to be retired on grounds of doubtful integrity.

3) No employee should be ordinarily retired on ground of ineffectiveness, if in any event, he/she would be retiring on superannuation with in a period of one year from the date of consideration of his/her case. However, if there is a ‘sudden and steep fall in competence, efficiency or effectiveness of an officer’, it would be open to review his case for premature retirement. This condition is not relevant in cases of doubtful integrity.
(Reference: E(P&A)I-20 15/RT/38 dated 10/ 12.11.2015)

d) Integrity

1 ) Actions or decision taken by the employee which do not appear to be above board, complaints received against him or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, may be taken into account for prematurely retiring an employee.
(Reference: Observations of Supreme Court in S. Ramachandra Raju Vs. State of Orissa and K. Kandaswamy vs UoI, cited in E(P&A)l-201 5/RT/38 dated 10/12.1 1.2015)

2) CVO in the case of gazetted officers, or his representative in the case of non-gazetted officers, will be associated in case of record reflecting adverse) on the integrity of any employee.
(Ref: E(P&A)J-20 I 5/RT-38 dated 10/12.11.2015)

e) Conduct unbecoming of a Government Servant as basis for Compulsory Retirement:

If conduct of a government employee becomes unbecoming to the public interest or obstructs the efficiency in public services, the government has an absolute right to compulsorily retire such an employee in public interest.
(Reference: Observation of Supreme Court i n State of U P and others vs. Vijay Kumar Jain, appeal case, cited in E(P&A) I-20 1 5/RT/38 dated 10/12.11.2015.)

5. Procedure and Guidelines:

a) Cases of Railway Servants to be reviewed 6 months before attaining the age of 50155 years or on completion of 30 years of service/ 30 years of qualifying service, whichever occurs earlier.

b) No show-cause notice need be issued to any government servant before a notice of retirement is issued to him under these rules.

c) Internal Committees may be constituted to assist the Review Committees in reviewing the cases. The Committees would ensure that service records of the employee being reviewed, along with summary bringing out all relevant information, is submitted to the Cadre Authorities at least 3 months in advance before the due date of review.

d) Composition of the Review Committee will be as under:

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