“Disagreement Note” must be communicated by the DA, to the CE along with EO’s Finding report of Inquiry

R.B.E. No. 33/1996

Subject: Rule 10 of Railway Servant (Discipline & Appeal) Rules, 1968 — Supply of Copy of the Inquiry Report to the charged railway servant before final orders are passed by the disciplinary authority.

[No. E (D&A) 87 RG 6-151, dated 04.04.1996]

Attention is invited to Board's letter of even No. dated 10.11.1989 on the above subject, wherein it had been prescribed that in all cases, where an inquiry has been held in accordance with the provisions of Rule 9 of Railway Servants (Discipline & Appeal) Rules, 1968, the disciplinary authority, if it is different from the Inquiring authority shall, before making a final order in the case, forward a copy of the Inquiry report to the railway servant concerned, requiring him to submit, within 15 days, his representation if any, on the report of the inquiry authority.

2. It was also prescribed that in cases where the disciplinary authority proposes to disagree with the findings of the Inquiry Officer, it would not be necessary for the disciplinary authority to come to any tentative conclusions about its findings before forwarding a copy of the Inquiry report, and that, the reasons of disagreement with the findings of the Inquiry Officer may be communicated in the final order of punishment.

3. It was also stated that the said instructions would be reviewed after the final decision of the Supreme Court in the matter. The Supreme Court has since decided the matter in the judgement dated 01.10.1993 in the case of Managing Director (ECIL), Hyderabad v. B. Karunakar (JT 1993(6) SC-I) and it has been held that wherever the Service Rules contemplate an inquiry before a punishment is awarded and when the inquiry officer is not the disciplinary authority, the delinquent employee will have a right to receive the Inquiry Officer's report notwithstanding the nature of the punishment.

4. The matter has been considered in consultation with the Department of Personnel and it has been decided that where an inquiry has been held, in accordance with the provisions of Rule 9 of Railway Servants (Discipline & Appeal) Rules, 1968, the disciplinary authority, before making a final order in the case, shall forward a copy of the report of the inquiry held by the disciplinary authority or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority to the charged railway servant, who shall be required to submit, if he so desire, his written representation or submission to the disciplinary authority within 15 days, irrespective of whether the report is favourable or not to the charged railway servant. Thus a copy of the Inquiry Report is to be sent to the charged official irrespective of whether the inquiry is conducted by the Disciplinary Authority himself or by a nominated inquiring authority.

5. It has also been decided that where the Inquiring Authority holds a charge as not provided and the disciplinary authority takes a contrary view, the reasons for such disagreement must be communicated, in brief, to the charged employee along with the report of Inquiry so that the charged officer can make an effective representation. This procedure would require the Disciplinary Authority to first examine the report as per the laid down procedure and formulate its tentative views before forwarding the Report of Inquiry to the Charged Officer.

6. The instructions in the preceding paragraphs will operate prospectively from the date of issue of this letter and accordingly will apply only in cases where the disciplinary authority is yet to forward a copy of the Report of Inquiry to the charged railway servant.

7. The above instructions may be immediately brought to the notice of all concerned for compliance.