PRESENTATION ON

SUSPENSION
BY
MANOJ KUMAR BHARTI, OS-I/E-II
UNDER GUIDANCE OF
SHRI PRAKASH CHANDRA, DD/E-II

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 suspension
The rules regarding suspension has been described in
the part-II under rule 5 of THE RAILWAY SERVANTS
(DISCIPLINE AND APPEAL) RULES, 1968

Suspension means the suspension of official activities of a Railway

servant.

The suspension is not a penalty under D&A Rules.

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 Suspension RULE-5

1 A railway servant may be placed under suspension-

(a) where a disciplinary proceeding against him is contemplated or
is pending; or

(b) where, in the opinion of the competent authority , the railway

servant has engaged himself in activities against the interest
of the security of the state; or

(c) where a case against the railway servant in respect of any

criminal offence, is under investigation, inquiry or trial.

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 Deemed Suspension

2 A railway servant shall be deemed to have been placed under suspension

by an order of the competent authority-

(a) with effect from the date of his detention, if he is detained in police
custody, either on a criminal charge or otherwise, for more than forty-
eight hours;
(b) with effect from the date of his conviction, if in the event of a
conviction, he is sentenced to imprisonment more than forty-eight hours
and is not forthwith dismissed or removed or compulsorily retired.

Explanation –
The period of forty-eight hours referred to in clause (b) above shall be
computed from the commencement of the imprisonment and
intermittent periods of imprisonment, if any, shall be taken into
account.

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3 Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon a railway servant under suspension, is set aside in
appeal or on revision and/ or review under these rules and the case is remitted
for further inquiry or action or with any other directions, the order of his
suspension shall be deemed to have continued in force on from the date of
the original order of dismissal, removal or compulsory retirement and shall
remain in force until further orders.
4 Where a penalty of dismissal, removal or compulsory retirement from service
imposed upon a railway servant, is set aside or declared or rendered void in
consequence of or by a decision of a court of Law and the disciplinary
authority on consideration of the circumstances of the case, decides to hold a
further inquiry against him on the allegations on which the penalty of dismissal,
removal or compulsory retirement, was originally imposed, the railway servant
shall be deemed to have been placed under suspension by the competent
authority from the date of the original order of dismissal, removal or
compulsory retirement and shall continue to remain under suspension until
further orders.
Provided that no such further inquiry shall be ordered unless it is intended to
meet a situation where the court has passed an order purely on technical
ground without going into the merits of the case.

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(5)
(a) An order of suspension/deemed suspension shall continue to
remain in force until it is modified or revoked by the competent
authority.

(b) Where a railway servant is suspended/deemed suspended and

any other disciplinary proceeding is commenced against him ,
the competent authority may , for reasons to be recorded by
him in writing, direct that the suspension will be continued until
the termination of all or any of such proceedings.

(c) An order of suspension made or deemed to have been made,

may, at any time, be modified or revoked by the competent
authority.

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6. Notwithstanding any thing contained in sub rule 5, an order of
suspension/deemed suspension shall not be valid after a period of
ninety days unless it is extended after review for a further period
before expiry of ninety days.

7. The review in an order of suspension shall be done by the

competent authority on the recommendation of the review
committee and shall pass order either extending or revoking the
suspension before expiry of ninety days from the date of order of
suspension. Subsequent review shall be made before expiry of
extended period of suspension. Extension of suspension shall not
be a period exceeding one hundred and eighty days at a time.

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 Review Committee

The composition of Review committee may be as follows :

a) The committee will ordinarily be constituted by the appellate

authority. However, an authority higher than the suspending
authority, including the revisionary authority, may also constitute the
committee. The committee will be constituted consisting of following
members :-
1) Suspending authority
2) Two officials not lower in rank than the suspending authority.

The committee will submit its recommendation to the authority which

constituted the committee.

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b) Where General Manager or an officer of equivalent rank or Director
of a Centralised Training Institute or Chairman of Railway
Recruitment Board or Head of any other organisation under the
Administrative control of the Ministry of Railways is the suspending
authority, the review committee shall be constituted by the Railway
Board (the Functional Members) and would comprise of the
suspending authority and two other officers from the Railway Board
who are not lower in rank than the suspending authority. However,
keeping in view the fact that the offices of the Zonal Railways,
Training Institutes, Railway Recruitment Boards, etc and that of the
Railway Board being far away from each other and the sensitive and
important duties being shouldered by the suspending authority and
other members of the Committee, it may not be possible for them to
meet jointly. Thus where such officer is the Suspending Authority,
that Authority may submit his recommendation to the Railway Board
(the Functional Member) who, after considering the same, alongwith
the recommendations of the other two members shall take a
decision in the matter

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c) Where Board is the suspending authority, the President will
constitute the committee consisting of three Board Members
including the Board Member who suspended the officer. The
committee will submit its recommendations to the President for
taking a decision.

d) Where President is the suspending authority, the President will

constitute the committee consisting of three Board Members
including the functional Board Member i.e. on the lines similar to
item ( c) above.

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The Review Committee may take a view regarding revocation/
continuation of the suspension keeping in view the facts and
circumstances of the case and also taking into account that unduly
long suspension, while putting the employee concerned to undue
hardship, involve payment of subsistence allowance without the
employee performing any useful services to the government and
make its recommendation. If the officer has been under suspension
for one year without any charges being filed in a court of law or no
charge-memo has been issued in a departmental inquiry, the
suspension shall ordinarily be revoked without prejudice to the
case(s) against him. However, in case the official is in police/judicial
custody or is accused of a serious crime or a matter involving
national security, the Review Committee may recommend the
continuation of the suspension of the official concerned.

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Authorities competent to place a railway servant
under suspension - RULE -4
The classes of railway servants who may be placed under
suspension and the authorities by whom they may be so placed,
shall be as specified in Schedules I, II and III:
Provided that, in exceptional circumstances, any authority specified
in any of the Schedules may place any subordinate railway servant
specified therein, under suspension:
Provided further that where any action is taken under the foregoing
proviso, the authority concerned shall forthwith report to the
authority competent to place such railway servant under
suspension, the circumstances in which the order was made and
obtain his approval.
Explanation.-For the purpose of this rule, in respect of a railway
servant officiating in a higher post, the competent authority shall be
determined with reference to the officiating post held by such
railway servant at the time of taking action.

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Report of arrest to superiors by railway servants

It shall be the duty of a Railway servant who may be arrested, for

any reason, to intimate the fact of his arrest and the circumstances
connected therewith to his official superiors promptly even though
he might have subsequently been released on bail. On receipt of the
information from the person concerned or from any other source,
the departmental authorities should decide whether the facts and
circumstance leading to arrest of the person call for his suspension.
Failure on the part of any railway servant to so inform his official
superiors will be regarded as suppression of material information
and will render him liable to disciplinary action on this ground alone,
apart from the action that may be called for on the outcome of the
police case against him.

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The state Government have also been advised to issue necessary
instructions to the police authorities under their control to send
prompt intimation of the arrest or/and release on bail etc. of Central
Government servants to the latter’s officials superiors as soon as
possible after the arrest or release indicating also the
circumstances of the arrest etc., to enable them to decide what
action, if any, should be taken against such employees.

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 Subsistence Allowance

A Railway servant under suspension/deemed suspension shall be entitled

to the following payments :-
1 A suspended Railway servant is entitled for the first three months of
suspension to subsistence allowance for an amount equal to leave salary
on half pay with DA.

2. The suspending authority has to review and pass necessary orders

before expiry of first three months . The allowance may be increased by
a suitable amount not exceeding 50% of the initial sum, if the suspension
is prolonged due to the reason not directly attributed to Railway servant.
It may be decreased in the same manner if Railway servant is held to be
responsible for the prolongation.

Note: No payment shall be made unless the railway servant furnishes a

certificate that he is not engaged in other employment, business,
profession or vocation.

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 Deductions from Subsistence Allowance

a) Deductions on accounts of subscriptions to Provident fund , Court

Attachment and Fine imposed cannot be recovered.
b) The following are the permissible deductions from the subsistence
allowance :
1. House rent and conservancy charges,
2. Electric charges, if supplied by Railway,
3. Water charges where recoverable under these rules,
4. Diet charges of the hospital
5. Doctor’s fee under contract system,
6. Repayment of Advance and Loans taken from Government,
7. Station debits, Stores debits and Workshop debits,
8. Income-tax where due.
9. Recovery of losses caused to Government, if not deferred.

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c) The following type of recoveries can be made provided the
suspended employee gives written request :
1. Payment of co-operative Societies dues,
2. Subscriptions payable to institute and clubs,
3. LIC Premia
4. School fee, and
5. Refund of SBF and PF loans.

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Forwarding of applications of Government/Railway servants who are under
suspension or against whom departmental proceedings are pending :
Applications of such Railway servants should not be forwarded , nor should
they be released for any assignments, scholarships, fellowship, training etc.,
under an international agency /organisation or a foreign government. Such
Railway servants should also not be sent or allowed to go on deputation or
foreign service to posts under an authority in India.

Resignation during suspension or where an inquiry or investigation is pending:

If a Railway servant against whom an enquiry or investigation is pending
(whether he has been placed under suspension or not) submits his resignation,
such resignation should NOT normally be accepted. Where, however, the
acceptance of resignation, in such a case is considered necessary in the public
interest i.e. for reasons such as the alleged offences do not involve moral
turpitude or the evidence against the delinquent officer is not strong enough to
justify the assumption that if the department proceedings were continued, the
officer would be removed or dismissed from service or the departmental
proceedings are likely to be so protracted that it would be cheaper to the public
exchequer to accept the resignation, the resignation may be accepted.

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Effect of suspension : An order of suspension has the effect of debarring a railway
servant from exercising the powers and discharging the duties of his office for the
period the order remains in force. Suspension is not a penalty under the D&A
Rules.
Voluntary retirement during suspension :
The right of voluntary retirement, on attainment of the age of 55 years or
thereafter, after giving 3 months notice to the appointing authority, is not freely
available to railway servants under suspension. The exercise of the right of
voluntary retirement in such cases is subject to the prior approval of the
appointing authority.

No employment under suspension : A Railway servant under suspension is

subject to the provisions of the Railway Services (Conduct) Rules, 1966 and can
not engage himself in any employment, business, profession or vocation without
the prior permission of the competent authority. If he does so, he is liable to
disciplinary action on that ground.

Grant of leave under suspension : It is not permissible to grant leave to a Railway

servant under suspension, even if it were applied for on medical certificate.

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Headquarters of Railway servants under suspension :
An officer under suspension is regarded as subject to all other
conditions of service applicable generally to Railway savants and
can not leave the station without prior permission. As such, the
headquarter of a railway servant should normally be assumed to be
his last place of duty. However, where an individual under
suspension request for change of headquarter, there is no objection
to a competent authority changing the headquarters, if it is satisfied
that such a course will not put the Railway administration to any
extra expenditure like grant of T.A. etc. or other complications.

Reversion while under suspension :

A Railway servant placed under suspension while officiating in a
higher post can be reverted to the lower post otherwise than as
punishment even during his suspension.
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Travelling allowance during suspension to attend the departmental
inquiry :
A Railway servant under suspension, who is required to perform a
journey to attend a departmental enquiry, may be allowed travelling
allowance as for a journey on tour from his headquarters to the
place where departmental enquiry is held or from his place at which
he has been permitted to reside during suspension, to the place of
enquiry, whichever is less. No travelling allowance will, however, be
admissible, if the enquiry is held at his own request.

Grant of Privilege Pass under suspension :

One full set pass or two half set pass can be given to a Railway
servant during his suspension/deemed suspension.

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 Standards Forms for use in disciplinary
proceeding subject
SF-1 - Order of suspension
SF-2 - Order of deemed suspension
SF-3 - Certificate to be furnished by suspended Railway employee
SF-4 - Revocation of suspension
SF-5 - Charge sheet for major penalty
SF-6 - Refusing of permission to inspect the documents
SF-7 - Appointment I.O/Board to Inquiry
SF-8 - Appointment of presenting officer
SF-9 - Not issued.
SF-10 - Disciplinary action in common proceeding
SF-10(a) - Appointment of inquiry officer in common proceeding
SF-10(b) - Appointment of presenting officer in common proceeding charge sheet for
minor penalty.
SF-11 - Charge sheet for minor penalty
SF-11(b) -Charge sheet for initiation of minor penalty in case where inquiry is essential.
SF-11(c) -For making disciplinary action for minor penalty where the charge sheet for
major penalty was initially issued.
SF - 12 - Memorandum where action is proposed under Rule – 14(i)
SF - 13 - Permission from president for action taking against the retired Railway
employee.
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SF - 14 - Charge sheet for retired Railway employee.
Standard Form of Order of Suspension SF-1

No………………..
(Name of Railway Administration……………………………..
(Place of Issue)…………… Dated …………………………

ORDER
Whereas a disciplinary proceeding against Shri…….. (name and
designation of the Railway servant) is contemplated/pending.

Whereas a case against Shri ………….. (name and designation of the

Railway servant) in respect of a criminal offence is under
investigation/inquiry/trial

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Now, therefore, the President/the Railway Board/the undersigned
(the authority competent to place the Railway servant under
suspension in terms of the Schedules I, II and III appended to
Railway Servants (Discipline and Appeal) Rules 1968/an authority
mentioned in proviso to Rule 5(I) of the Railway Servants
(Discipline and Appeal) Rules, 1968 , in exercise of the powers
conferred by Rule 4/proviso to Rule 5(I) of the Railway Servants
(Discipline and Appeal) Rules , 1968 , hereby places the said
Shri………. under suspension with immediate effect/with effect from
……………….

It is further ordered that during the period this order shall remain in
force , the said Shri……………. shall not leave the head-quarters
without obtaining the previous permission of the competent authority
* (By order and in the name of the President)

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 …………………………………………
(Signature)
Name
Designation of the suspending authority.
(Secretary, Railway Board, where Railway
Board is the suspending authority)
(Designation of the officer authorised under Article 77(2) of the
Constitution to authenticate orders on behalf of the President ,
where the President is the suspending authority.)
Copy to :-
Shri …………… (name and designation of the suspended Railway
servant). Orders regarding subsistence allowance admissible to him
during the period of suspension will issue separately.

* Where the order is expressed to be made in the name of the

President.

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Order Placing an officer under Suspension when he is Detained in
Custody SF-2
(Rule 5(2) of Railway Servants (Disciplinary and Appeal) Rules 1968
No………………..
(Name of Railway Administration……………………………..
(Place of Issue)…………… Dated …………………………

ORDER
Whereas a case against Shri ………….. (name and designation
of the Railway servant), in respect of a criminal offence is under
investigation.

And whereas the said Shri………………. was detained in custody

on ………….for a period exceeding forty eight hours.

Now, therefore, the said Shri…….. is deemed to have been

suspended with effect from the date of detention i.e. the …………in terms
of Rule 5(2) of Railway Servants (Discipline and appeal) Rules, 1968
and shall remain under suspension until further orders.
*(By order and in the name of the President)

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 ……..………………………….
(Signature)
(Name)
Designation of the suspending authority.
(Secretary, Railway Board, where Railway
Board is the suspending authority)
(Designation of the officer authorised under Article 77(2) of the
Constitution to authenticate orders on behalf of the President ,
where the President is the suspending authority.)

Copy to :-
Shri …………… (name and designation of the suspended Railway
servant). Orders regarding subsistence allowance admissible to him
during the period of suspension will issue separately.
* Where the order is expressed to be made in the name of the
President

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Standard Form of Certificate to be furnished by suspended Official
SF-3
I, ………………….(name of the Railway servant), having been
placed under suspension by Order No……………….. dated ……..
While holding the post of ……… do hereby certify that I have not
been employed in any business, profession or vocation for
profit/remuneration/salary.

Signature……………………………..

Name of the Railway servant……….

Address………………………………..

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Standard Form of Order for Revocation of Suspension Order SF-4
No………………..
(Name of Railway Administration……………………………..
(Place of Issue)…………… Dated …………………………
ORDER
Whereas an order placing Shri ………….. (name and
designation of the Railway servant), under suspension was made/was
deemed to have been made by ………………… on ……………………

Now therefore, the President/the Railway Board/the undersigned ( the

authority which made or is deemed to have made the order of
suspension or any other authority to which that authority is subordinate)
In exercise of the powers conferred by clause (c ) of sub-rule (5) of rule 5
of the Railway servants (Discipline and Appeal) Rules, 1968, hereby
revokes the said order of suspension with immediate effect/with effect
from ……………………..
* ( By order and in the name of the President )

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 ……..……………………………………….
(Signature)
(Name)
Designation of the authority making this order
(Secretary, Railway Board, where the order is made
by the Railway Board )
(Designation of the officer authorised under Article 77(2) of the
Constitution to authenticate orders on behalf of the President , where
the order is made by the President )

Copy to :-
Shri …………… (name and designation of the suspended Railway
servant).
* Where the order is expressed to be made in the name of the
President

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Schedule of Disciplinary Powers and powers of suspension of different
grades of Railway Officers and Senior Supervisors in respect of non-
gazetted staff of Zonal Railways. RBE No. 46/2003

Senior Supervisors incharge in the pay Group ‘D’ and Group ‘C’ staff in
scale of Rs. 4500-7000 and above pay scales of upto and
(Described as Supervisors incharge by including Rs. 3200-4900
the Railway Administration for this subject to report to Divisional
purpose) Officer or Assistant Officer
Incharge within 24 hours in the
case of Group ‘C’ staff.
Assistant Officers (Juniors Scale and Group ‘D’ and Group ‘C’ staff in
Group ‘B’) pay scales of upto and
including Rs. 4000-6000

Senior Scale Officers and Assistant Group ‘D’ and Group ‘C’ staff in
Officers (Junior Scale and Group ‘B’ pay scales of upto and
holding independent charge) including Rs. 5000-8000
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Junior Administrative Grade Officers and Senior Group ‘D’ and Group
Scale Officers holding independent Charge or ‘C’ Staff
Incharge of a Department in the Division

Additional Divisional Railway Managers in relation Group‘D’ and Group

to the Departments attached to them or Divisional ‘C’ Staff
Railway Managers

Senior Administrative Grade Officers in the Zonal Group ‘D’ and Group
Railways’ Head Quarters in the pay scale of Rs. ‘C’ Staff
18400-22400 including Principal Heads of
Departments in the pay scale of Rs. 22400-24500.
Additional General Managers in relation to Group ‘D’ and Group
Departments attached to them or Chief ‘C’ Staff
Administrative Officers or General Manager

Railway Board Group ‘D’ and Group

‘C’ Staff
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 SCHEDULE I (See Rule 4 and sub-rule(2) of Rule7)
 
Class of railway servant Authority empowerd to place Nature of penalties which the Appellate
Ite a Railway servant under authority in column 3 is authority
m suspension or to impose empowered to impose on Railway
no. penalties servants mentioned in
corresponding entries in column 2
and powers of that authority to
place them under suspension.
1 2 3 4 5

 RESEARCH,DESIGNS AND STANDARDS ORGANISATION

 
All classes of non- Joint Director or Additional All penalties specified in Rule 6 Next Higher
1. Gazetted Railway Director or Director or and suspension authority to
Servants including Additional Director General whom the
Group 'B' (non-gazetted or Director General. authority in
) staff. Column 3 is
immediately
subordinate
2. Group ‘D’ Staff and Deputy Director and others Penalties specified in item (i) to -do-
Group ‘C’ Staff except officers in Senior scale or (vi) of Rule 6 and suspension
those in scale Rs 1600- equivalent
2660(RS’86)

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Ite Class of railway servant Authority empowered to Nature of penalties which the Appellate
m place a Railway servant authority in column 3 is authority
no. under suspension or to empowered to impose on Railway
impose penalties servants mentioned in
corresponding entries in column 2
and powers of that authority to
place them under suspension.

3(a). Group ‘D’ staff Junior scale or Group ‘B -do- -do-

officers, secretary to Director
General,
Asstt.Engineer(construction)
3(b) Group ‘C’ staff in scale -do- Penalties specified in items (i) to -do-
. of pay upto and (v) of rule 6 and suspension
  including Rs.1200-
2040(RS’86)
4. Group 'D' staff and Senior Supervisors in scale Penalties specified in items (i) to -do-
Group 'C' staff in scale Rs. 1640-2900(RS'86) and (iii-a) of Rule 6 and also
of pay rising upto above. suspension subject to report to
Rs.1540 (RS'86) Junior Scale or class II officer of
the respective branch within 24
hours in the case of Group 'C'
staff.

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