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Rule 5 of Railway Servants (Discipline and appeal) Rules, 1968

Rule 5 of Railway Servants (Discipline and appeal) Rules, 1968 – Instructions regarding timely review of suspension – RBE 12/2015

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 12/2015

No. E(D&A) 2014 RG6-35                                                                                      New Delhi, 18.02.2015
The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).
Sub: Rule 5 of Railway Servants (Discipline and appeal) Rules, 1968 – Instructions regarding timely review of suspension
Rule 5 of the Railway Servants (Discipline and appeal) Rules, 1968 deals with the provisions of suspension. As per the rule, a Railway servant may be placed under suspension in the following circumstances:
(a) where a disciplinary proceeding against him is contemplated or is pending; or (b) where, in the opinion of the authority competent to place a Railway servant under suspension, he has engaged himself in activities prejudicial to the interest of the security of the state; or
(c) where a case against him in respect of any criminal offence, is under investigation, inquiry or trial.
2. A Disciplinary Authority may also consider it appropriate to place a Railway servant under suspension in the following circumstances. These are only intended for guidance and should not be taken as mandatory:-
(i) Cases where continuance in office of the Railway servant will prejudice the investigation, trial or any inquiry (e.g. apprehended tampering with witnesses or documents);
(ii) where the continuance in office of the Railway servant is likely to seriously subvert discipline in the office in which the Railway servant is working;
(iii) where the continuance in office of the Railway servant will be against the wider public interest [other than those covered by (i) and (ii)] such as there is public scandal and it is necessary to place the Railway servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals, particularly corruption;
(iv) where allegations have been made against the Railway servant and preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or his being proceeded against in departmental
proceedings, and where the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service.
3. In the first three circumstances the Disciplinary Authority may exercise his discretion to place a Railway servant under suspension even when the case is under
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