DAR - Part 4
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P A R T - IV
PROCEDURE FOR IMPOSING PENALTIES
9. Procedure for imposing Major Penalties:
(1) No order imposing any of the penalties specified in clauses (v) to (ix) of rule 6 shall be made except after an inquiry held, as far as may be, in the manner provided in this rule and rule 10, or in the manner provided by the Public Servants (Inquiries) Act, 1850 (37 of 1850) where such inquiry is held under that Act.
(2) Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against a railway servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) act, 1850, as the case may be, a Board of Inquiry or other authority to inquire into the truth thereof.
(3) Where a Board of inquiry is appointed under sub-rule (2) it shall consist of not less than two members, each of whom shall be higher in rank than the railway servant against whom the inquiry is being held and none of whom shall be subordinate to the other member or members as the case may be, of such Board.
(4) Where the Board of Inquiry consists of two or more than two members, the senior member shall be the Presiding Officer.
(5) Every decision of the Board of Inquiry shall be passed by majority of votes, and where there is an equality of votes on the findings, the finding of each member shall be incorporated in the report prepared under clause (I) of sub-rule (25).
EXPLANATION: Where the Disciplinary Authority itself holds the inquiry, any reference in sub-rule (12) and in sub-rule (14) to sub-rule (25) , to the inquiring authority shall be construed as a reference to the disciplinary authority.Disciplinary Authority
(6) Where it is proposed to hold an inquiry against a railway servant under this rule land rule 10, the Disciplinary Authority shall draw up or cause to be drawn up:
(i) the substance of the imputations of misconduct or misbehavior into definite and distinct articles of charge ;
(ii) a statement of the imputations of misconduct or misbehavior in support of each article of charge which shall contain:-
(a) a statement of all relevant facts including any admission or confession made by the railway servant;
(b) a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.
(7) The Disciplinary Authority shall deliver or cause to be delivered to the railway servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehavior and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the railway servant to submit a written statement of his Defense within ten days or such further time as the disciplinary authority may allow.Disciplinary Authority
NOTE: If copies of documents have not been delivered to the Railway servant along with the articles of charge and if he desires to inspect the same for the preparation of his Defense, he may do so, within 10 days from the date of receipt of the articles of charge by him and complete inspection within ten days thereafter and shall state whether he desires to be heard in person.
(8) The railway servant may, for the purpose of his Defense submit with the written statement of his Defense, a list of witnesses to be examined on his behalf.
Note: If the Railway servant applies in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (6), the disciplinary authority shall furnish him with a copy each of such statement as early as possible and in any case not later than three days - before the commencement of the examination of the witnesses on behalf of the disciplinary authority.Disciplinary Authority
(9)(a)(i) On receipt of the written statement of Defense, the Disciplinary Authority shall consider the same and decide whether the inquiry should be proceeded with under this rule.
(ii) Where the Disciplinary Authority decides to proceed with the inquiry it may itself inquire into such of the articles of charge as are not admitted or appoint under sub-rule (2) a Board of inquiry or other authority for the purpose.
(iii) Where all the articles of charge have been admitted by the Railway servant in his written statement of defense, the Disciplinary Authority shall record its findings on each charge, after taking such further evidence as it may think fit and shall act in the manner laid down in rule 10.
(iv) If the
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