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Imposition of incorrect/unintended penalty by Authorities

July 8, 2021, 7:00 PM
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No.E(D&A) 2021/RG6-7

New Delhi.,                                                                                                Dated 15 .03. 2021
The General Managers, All Indian Railways & Production Units etc., (As per standard List).
Subject: Imposition of incorrect/ un intended penalty by Authorities (Disciplinary/ Appellate Revisionary)- reg.
A case has been brought to notice by the Vigilance Directorate, wherein, a Disciplinary Authority, though intending to impose a major penalty, under Rule 6(v) of the Railway Servants(Discipline & Appeal) Rules, 1968, actually ended up imposing a penalty which happened to be a minor penalty under Rule 6 (iii-b) of the aforesaid Rules.

2. It has been considered necessary to sensitize the Disciplinary Authorities/Appellate Authorities/Revisionary Authorities so that such errors do not recur in the future.
3. It needs to be recalled that there are two segments of the penalty of reduction by stage(s) in the same time scale of pay, one falling within the Rule 6(iii-b) which happens to be a minor penalty and the other falling under Rule 6(v) which happens to be a major penalty.

As provided for in Rule 6, except for a reduction by one stage in the same time scale of pay for a period not exceeding 3 years, which is without cumulative effect and which does not adversely effect the pension of the concerned Railway Servant, all other variables of reduction by stage(s) in the same time scale of pay happens to be major penalties.

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