NFIR – Imposition of penalties of ‘Dismissal/Removal or Reduction in rank” on employees in Railways – violation of provisions of the Constitution of India

NFIR – Imposition of penalties of ‘Dismissal/Removal or Reduction in rank” on employees in Railways – violation of provisions of the Constitution of India

No.II/5/Part III

Dated: 19/02/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Imposition of penalties of ‘Dismissal/Removal or Reduction in rank” on employees in Railways – violation of provisions of the Constitution of India – reg.

Ref: (i) NFIR’s PNM Item No. 31/2012.
(ii) Railway Board’s letter No. E(D&A)2012 RG 6-34 dated 30/09/2015.
(iii) NFIR’s letter No. II/5/Part II dated 21/02/2017.

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Federation vide its PNM agenda item no. 31/2012 had raised the issue relating to incorrect and unjustified imposition of penalties of dismissal/removal on Group ‘C’ employees and demanded review and rectification. After deliberations in the PNM meetings, the Railway Board vide letter No. E(D&A) 2012 RG6-34 dated 30/09/2015 had issued instructions reiterating that a lower authority who has merely issued/signed the order regarding appointment/promotion which has been ordered by a higher authority, is not competent to impose the penalty of dismissal, removal or compulsory retirement from service on such Railway servant as such action is not only violative of the RS (D&A) Rules but also unlikely to withstand judicial scrutiny.

On receipt of further complaints Federation vide its letter No. II/5/Part II dated 21/02/2017 again brought to Board’s notice that the lower grade Officers (Jr. Scale to JA Grade) have still been resorting to imposition of penalties of dismissal/removal on Group ‘C’ employees although they are the subordinate authority to the appointing authorities who had approved appointment/promotion of Group ‘C’ staff. On questioning, the authorities state that the relevant powers have been vested with the concerned authorities under the schedule of powers (SoP) created on the Zones/Production Units with the approval of General Managers. In its communication dated 21/02/2017, the Federation had mentioned that the actions on the part of Zonal Railways/Production Units have been in contravention with the provisions contained under Article 311 of the Constitution, which of course, cannot be superseded by any authority other than the Parliament/President of India. Though the said letter, Federation requested the Railway Board to get the matter reviewed thoroughly and to issue clear instructions to the GMs etc., to ensure that the authorities subordinate to the appointing authority are not allowed to impose any of the major penalties like dismissal/removal/reduction in rank on Group ‘C’ employees, but, however, no such clarificatory instructions have been issued so far.

While enclosing copy of Federation’s letter dated 21/02/2017, NFIR once again urges upon the Railway Board to see that the schedule of powers framed by the Zones/Production Units are re-casted for ensuring that the provisions contained in Article 311 of the Constitution are implemented in letter and spirit.

Federation may be replied of action taken on the subject matter soon.

Yours faithfully,
S/d,
(Dr. M. Raghavaiah)
General Secretary

Source : NFIR