Penalties/Charge Sheet Prescribed under D&A Rules, 1968

The Penalties prescribed under D&A Rules, 1968.    

In Indian railway there are mainly two types of Penalty i.e. Minor Penalty (also known as SF-11) & Major Penalty (also known as SF-5). It is to be noted that the Penalties is mentioned in the Rule 6 of D&A Rule 1968.

Penalties: –  The following penalties may, for good and sufficient reasons and as herein provided, be imposed on a Railway Servant, namely:-

Provided that in cases of persons found guilty of any act or omission which resulted or would have, ordinarily, resulted in collision of Railway trains, one of the penalties specified in clauses (viii) and (ix) shall, ordinarily, be imposed and in cases of passing Railway signals at danger, one of the penalties specified in clauses (v) to (ix) shall, ordinarily be imposed and where such penalty is not imposed, the reasons thereafter shall be recorded in writing.

Provided further that in case of persons found guilty of possessing assets disproportionate to known sources of income or found guilty of having accepted or having obtained from any person any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, one of the penalties specified in clauses (viii) or (ix) shall ordinarily be imposed and where such penalty is not imposed, the reasons therefore shall be recorded in writing.

What does not amount to penalty within the meaning of Rule 6 of D&A R?

The following shall not amount to a penalty within the meaning of rules under Rule 6 of D & AR, namely:- 

1. Withholding of increments of pay of a Railway servant for failure to pass any departmental examination in
   accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms
   of his appointment.
2. stoppage at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;
3. non-promotion of a Railway servant, whether in a substantive or officiating capacity, after consideration of his case,
   to a Ser4vice grade or post or promotion to which he is eligible;
4. reversion of a Railway servant, officiating in higher service, grade or post to a lower service, grade or post, on the
   ground that he is considered to be unsuitable for such higher service grade or post, or on any administrative ground
   unconnected with his conduct;
5. Reversion of a Railway servant. Appointed on probation to any other service, grade or post to his permanent
   service, grade or post during or at the end of the period of probation in accordance with the terms of his
   appointment or the rules and orders governing such probation;
6. replacement of the services of a Railway servant, whose services had been borrowed from any other Ministry or
   Department of the Central Government or a State Government or an authority under the control of the Central
   Government or State Government, at the disposal of the Government or the authority from which the services of
   such Railway Servant had been borrowed;
7. compulsory retirement in accordance with the provisions relating to his superannuation or retirement;
8. termination of the services
   1. of a Railway servant appointed on probation, during or the end of the period of his probation, in accordance
      with the terms of his appointment of the rules and orders governing such probation; or
   2. of a temporary Railway servant in accordance with rule 301 contained in volume 1 of the Indian Railway
      Establishment Code (Fifth Edition, 1985) or
   3. of a Railway servant employed under an agreement, in accordance with the terms of such agreement;
9. discharge of Railway Servants-
   1. for inefficiency due to failure to conform to the requisite standard of physical fitness;
   2. On reduction of establishment.

NOTE:

1. Where the order imposing penalty for reduction does not specify the period of reduction and there is coupled with it an order declaring the railway servant permanently unfit for promotion, the questionof re-promotion or determination of seniority will obviously not arise.
2. Where the period of reduction is not specified in the order imposing the penalty of reduction, the railway servant should be deemed to be reduced for an indefinite period, i.e., till such date as, on the basis of his performance subsequent to the order of reduction, he may be considered fit for promotion. On re-promotion, the seniority of such a railway servant should be determined by the date of re-promotion. In all such cases, the person loses his original seniority in the higher service, grade or post in entirety. The seniority of such a railway servant should be determined by the date of re-promotion without regard to the service rendered by him in such service, grade or post prior to his reduction.
3. In cases where the penalty of reduction to a lower service, grade or post or lower time-scale is for a specified period, the employee concerned should be re-promoted automatically to the post from which he was reduced. The seniority in the original service, grade or post or time-scale should be fixed in such cases as follows: —

1. 1. In cases where the reduction is not to operate to postpone future increments, the seniority of the railway servant should be fixed in the higher service, grade or post or the higher timescale at which it would have been but for his reduction.
   2. Where the reduction is to operate to postpone future increments, the seniority of the railway servant should be fixed by giving credit for the period of service rendered by him in the higher service, grade or post in higher time-scale prior to his reduction.