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WORKSHOP
ON
MOHANDAS P
Asst. Professor. (Personnel Management)
National Academy of Indian Railways (N.A.I.R)
VADODARA
Forms
Authorities
Appeals
Suspension
Revision
Penalties
Review
Charge sheet
TOPICS
TOPICS
COVERED
COVERED
Spl. Privileges
DAR in brief
Inquiries
Speaking Orders
Conduct Rules
Brochure on D&AR
Ex Parte Inquiry
Constitutional Provisions
Article 309
In exercise of the powers conferred by the
proviso to Article 309 of the Constitution of
India the President hereby makes the following
rules
Y?
D.A.R. 1968
DAR
WHOM
BOTH - HE & ME
HE UNDERSTOOD;
BUT Y ME ?
HOW CAN I ?
NO BOOK NO TEACHING
A.O.M.
Application Of Mind
WHAT IS Application Of Mind ?
ANALYSIS
PROS
CONS
RESULTS
AOM
AOM has its source in your NAVEL whereas all other words in the world
have their source in the GULLET.
Analysis is OM
Forms USED IN
S.F. 1
S.F. 2
S.F. 3
S.F. 4
DAR DEALINGS
SUSPENSION
DEEMED SUSPENSION
UNEMPLOYMENT CERTIFICATE
REVOCATION
S.F. 5
MAJOR PENALTY CHARGESHEET
S.F. 6
REFUSAL OF ADDL.DOCUMENTS
S.F. 7
APPOINTMENT OF INQUIRY OFFICER
S.F. 8.
- DO - OF PRESENTING OFFICER
SF 9 A-C CANCELLED DURING 1972 And 1975
S.F.10 C\SHEET IN COMMON PROCEEDING
S.F.10A APPT. OF I.O. IN
-DOS.F.10B APPT. OF P.O. IN
-DOS.F.11 MINOR PENALTY CHARGESHEET
S.F.11A INQUIRY IN MINOR PENALTY C\S.
S.F.11B TO CONVERT MAJOR INTO MINOR
Check Details
AUTHORITIES
Disciplinary Authority Issue
C/sheet
For N G One who can impose a penalty as
per SOP that is only Minor OR
Both and if can impose any major penalty.
For Gazetted - One who can impose any of
the penalties under Rule 6 of DAR
Appointing Authority
The Authority that appointed the employee
in the present grade in which working
and not the initial appointing authority
Issue promotion orders by the lowest competent authority
Controlling Authority
e
Ch
ck
ils
a
t
De
Disciplinary Authority ?
DAR.
judicious ,
amended by Appellate /
Revising Authorities.
but not
SUSPENSION
WHAT IS SUSPENSION ?
Depriving one of his powers.
WHY DO WE SUSPEND AN EMPLOYEE ?
To keep him away from office premises
calling his Attendance daily is illegal
SUSPENSION may BE RESORTED TO
ONLY ON THE FOLLOWING GROUNDS :* WHEN DISCIPLINARY PROCEEDING
IS CONTEMPLATED OR PENDING.
* INVOLVED IN ACTIVITIES THAT ARE
PREJUDICIAL TO THE SECURITY
OF THE STATE.
* INVESTIGATION OR UNDER TRIAL
FOR AN CRIMINAL OFFENCE.
ORDERS EFFECTIVE after ACKNOWLEDGEMENT
DEEMED SUSPENSION
Suspension is effective from orders received Deemed Suspension from retrospective effect
ENTITLEMENTS
DURING SUSPENSION
SUBSISTENCE ALLOWANCE
REVIEW (1ST AFTER 3 MTHS).
D.A. ON SUBSISTENCE ALLOWANCES
SUB .
ALLOWANCES
PASSES - GAZ 1/2 N0s. - N.G. 1, IF DUE.
P.L.B. - PAYABLE ON RESUMPTION
MEDICAL FACILITIES INDOOR AS WELL AS OUTDOOR.
CAN ACT AS DEFENSE COUNSEL
CAN BE ELECTED AS OFFICE BEARER OF A UNION.
CALL FOR SELECTIONS/ TR ADE TEST NONSELECTIONS - RESULTS - SEALED COVER
CAN LEAVE HQRTS but obtain WRITTEN PERMISSION
NO TYPE OF LEAVE TO BE GRANTED
SUBSISTENCE ALLOWANCE
SURVIVAL
EQUAL TO HALF
DEDUCTIONS
MINIMUM
COMPULSORY
OPTIONA L
NON-DEDUCTABLE
Not a penalty
yet BAD
REPURCUSSIONS
PENALTIES - RULE 6
TWO TYPES OF PUNISHMENTS -
MINOR PUNISHMENTS
(i) CENSURE
(ii) WITHHOLDING OF PROMOTION
(iii) RECOVERY OF PECUNERY LOSS
(iii) a WITHHOLDING OF PASSES/PTOs
(iii) b REDUCTION IN TIME SCALE(3 CLAUSES)
(iv)STOPPAGE OF INCREMENTS
Constitutional Provision
ARTICLE 311
CHARGESHEET
WHAT IS A CHARGESHEET ?
-A DOCUMENT
SHOWING CHARGES ALLEGED
with
VIOLATION OF AN ORDER OR RULES
pr
im
f
ev ac a
id ie
en
e
c
INVOLVEMENT
Cont..
WITNESS
OFFENDER
RULES VIOLATED
DOCUMENTS RELIED UPON
STATEMENTS OF ALL WITNESS
FRAMING OF CHARGESHEET
Use LANGUAGE i.e. CSFP
(Use Clear, Simple. Precise Factual language
Always Indicate Date Place & Time of Offence
Integrity
SEPARATE CHARGES
Lack of devotion to duty
Dont Multiply or club charges
Unbecoming of Rly. Servant
Cont..
ISSUE OF CHARGESHEET
WITHIN 90 DAYS OF SUSPENSION
If suspension is not revoked
IF REFUSES - 2 WITNESSES
Of the 3 two will sign as witness to refusing to accept C/sheet
INQUIRY
Procedure cont..
Ask the charged employee whether he would present his case
himself or requires the assistance of Defense Counsel, if requires
the assistance of D.C. obtain willingness of Defense Counsel.
Also find out whether he would require any additional documents,
and whether would want to examine any defense witnesses.
Fix mutually a convenient date, time and place for holding of a
regular inquiry.
Ensure all additional documents relevant to the charge demanded
have been examined thereafter commence the regular inquiry.
All proceedings done in presence of Charged Employee and his
D.C.,if nominated.
The prosecution sides case should be presented first.
Opportunity
for cross-examination of each witness should be afforded to the
Charged Employee and be allowed to put up leading questions.
Procedure cont..
INQUIRY
Cont..
P.A.
I.O
C.O
D.C
Cont..
1.
2.
3.
4.
Cont..
Cont..
SPEAKING ORDERS
WHAT
IS A SPEAKING ORDER ?
* VERY IMPORTANT DOCUMENT - INDICATES
PUNISHMENT IMPOSED ON THE EMPLOYEE
* AN ORDER AGAINST WHICH AN APPEAL LIES
* SHOULD BE UNDERSTOOD.
3
where
when
FOR CHARGESHEETED
WHAT IS APPEALABLE ?
ANY SERVICE MATTER
SUBSISTENCE ALLOWANCE.
SUSPENSION IF NO CHARGESHEET
IS ISSUED WITHIN 90 DAYS AND THE
SUSPENSION IS NOT YET REVOKED
Cont..
DEALING WITH
APPEALSDISCIPLINARY
DEALING
CLERK
W.T.L/N
Correct Address of A A
C.A.A.A
Correct Address of C Or
C.A.C.O.
Respectful &Polite Language
C.R.P.L.
R.M.F.C
AUTHORITY
B.H.O.C.
Para Wise Remarks
P.R.O.A
D/C.I.O
Service sheet of C.E.
S.S.O.E
C.R.s of C.E.
C.R.O.E
APPEALLATE
AUTHORITY
Procedure followed or no
C.P.F/N
O.B.E.R
Penalty commensurate
C.G.O.O.
Maintain.Amend Retain
M.E.R.P
Give Speaking Orders
S.Orders
R E V I S I O N
ALL STEPS AS IN DEALING WITH APPEALS
WILL BE FOLLOWED EXCEPT THAT THE
PUNISHMENT CAN BE
ENHANCED WITHIN 6 MONTHS
AND REDUCED WITHIN 1 YEAR
FROM THE DATE OF THE ORDERS
AGREIVED AGAINST.
AT ANY STAGE IF THE PUNISHMENT IS ENHANCED
THE EMPLOYEE SHOULD BE INFORMED OF THE
PROPOSED ACTION BEFORE ITS IMPLEMENTATION
Details Pl.
REVIEW
REVIEW IS NOT AN EMPLOYEES RIGHT
HOWEVER, HE CAN REQUEST FOR REVIEW
ONLY IN CASE IF IS ABLE TO INTRODUCE A
NEW EVIDENCE THAT WAS LOST SIGHT OF
IN THE PAST STAGES .
NOW I AM SURE
YOU WILL SAY
I WILL TEACH MY STAFF &
OTHERS
WHAT IS D.A.R
&
WHAT IS A.O.M.