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04/12/2009

“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.

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PME Due Date

Master Circular No. 25



Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974



Subject: Implementation of the Recommendations of the Visual Sub-Committee.



6. Periodical re-examination of serving Railway Employees:



6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:



6.1.1. Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.



Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.



(a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.



(b) Absence from duty for a period in excess of 90 days.



(2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.



If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.




Ammendment: It was ammended in 1993 as below



Age Group PME Due



Age 00-45 every 4yrs



Age 45-55 every 2yrs



Age 55-60 every year
Details:-
As per Rly Bd's Guideline of Medical Exam issued vide LNo. 88/H/5/12 dated 24-01-1993

a) PME would be done at the termination of every period of 4 years from date of appointment / Initial medical Exam till the date of attainment of age of 45 years, every 2 years upto 55 years & there after annual till retirement.
b) Employees who has been periodically examined at any time within 2years prior to his attaining the age of 45years would be examined after 2years from the date of last PME & subsequent PME for every 2years upto 55years age.Of

NRMU 4 you
SMLokhande





6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.