Railway Servants (Discipline and Appeal) Rules, 1968 – Choice of retired Railway servant as Defence Helper – Conditions

Railway Servants (Discipline and Appeal) Rules, 1968 – Choice of retired Railway servant as Defence Helper – Conditions: RBE No. 57/2024 dated 16.07.2024

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

RBE No. 57/2024

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

Date: 16.07.2024

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

Sub: Railway Servants (Discipline and Appeal) Rules, 1968 — Choice of retired Railway servant as Defence Helper — Conditions regarding

In terms of Rule 9(13)(b) of Railway Servants (Discipline and Appeal) Rules, 1968, a Railway servant involved in a disciplinary proceedings may present his case with the assistance of a retired Railway servant subject to such conditions as may be specified by the President from time to time by general or special order in this behalf.

2. Pursuant to the above provisions, such conditions were laid down vide instructions contained in letter No. E(D&A) 92 RG6-148 dated 5.11.1992 read with letter No. E(D&A) 2002 RG6-13 dated 14.5.2003.

3. In supersession of all such instructions, it has now been decided, with the approval of the President, that a Railway Servant may present his case with the assistance of a retired Railway Servant, subject to satisfaction of the following conditions:-

(i) The person whose assistance has been sought by the charged Railway Servant should have retired from a railway service, irrespective of the Railway Administration from which he has retired;

(ii) If the retired Railway servant is also a legal practitioner, the restrictions on engaging a legal practitioner by a delinquent Railway servant to present the case on his behalf, contained in rule 9 (13) of Railway Servants (Discipline and Appeal) Rules, 1968 would apply;

(iii) The retired Railway servant concerned should not have, in any manner, been associated with the case at investigation stage or otherwise in his official capacity; and

(iv) The retired Railway servant concerned should not act as a defence helper in more than seven cases at a time. Such a retired Railway servant should satisfy the inquiring authority that he does not have more than seven cases at hand including the case in question.

4. Please acknowledge receipt.

(Harish Chander)
Director/Estt.(D&A)
Railway Board

Source: Indian Railways