Full Name: The Railway Servants (Discipline & Appeal) Rules, 1968
Common Name: RS (D&A) Rules, 1968 / D&A Rules
Effective From: 1 October 1968
Authority: Made by the President under the proviso to Article 309 of the Constitution. (Indian Railways)
These rules are extremely important for Railway Departmental, Promotion, ACM, DCM and CBT examinations because they cover suspension, disciplinary proceedings, penalties, appeals, revision and review.
šÆ EXAM TIP:
D&A Rules ā Suspension + Penalty + Inquiry + Appeal + Revision + Review
1. What are D&A Rules?
The Railway Servants (Discipline & Appeal) Rules, 1968 provide the procedure for taking disciplinary action against Railway servants and for giving them a right to appeal against specified orders.
The rules broadly cover:
Suspension
Minor and major penalties
Disciplinary authorities
Departmental inquiry
Appeals
Revision
Review
The rules came into force on 1 October 1968.
2. To Whom Do These Rules Apply?
The rules generally apply to Railway servants.
However, they do not apply to:
| Category | D&A Rules |
|---|---|
| Members of All India Services | ā |
| Members of Railway Protection Force (RPF) | ā |
| Casual employees | ā |
| Persons covered by special provisions under law/agreement | ā |
The President may also exclude any class of Railway servants from the operation of all or part of these rules. (Indian Railways)
šÆ MCQ: D&A Rules, 1968 do not apply to RPF personnel.
3. Important Rules at a Glance
| Rule | Subject |
|---|---|
| Rule 1 | Short title & commencement |
| Rule 2 | Definitions |
| Rule 3 | Application |
| Rule 5 | Suspension |
| Rule 6 | Penalties |
| Rule 7 | Disciplinary Authorities |
| Rule 8 | Authority to institute proceedings |
| Rule 9 | Procedure for imposing major penalties |
| Rule 10 | Action on inquiry report |
| Rule 11 | Procedure for imposing minor penalties |
| Rule 18 | Orders against which appeal lies |
| Rule 20 | Limitation for appeal |
| Rule 22 | Consideration of appeal |
| Rule 25 | Revision |
| Rule 25-A | Review |
| Rule 27 | Relaxation of time limit |
| Rule 31 | Right to submit petition to President |
š§ Easy Memory
5 = Suspension
6 = Penalty
9 = Major Penalty Inquiry
11 = Minor Penalty Procedure
20 = Appeal Time
25 = Revision
25-A = Review
4. Suspension ā Rule 5
A Railway servant may be placed under suspension when:
A disciplinary proceeding is contemplated or pending.
The competent authority considers that the employee has engaged in activities prejudicial to State security.
A criminal case is under investigation, inquiry or trial.
Deemed Suspension
A Railway servant is deemed to be under suspension:
From the date of detention if detained for more than 48 hours.
From the date of conviction if sentenced to imprisonment exceeding 48 hours, subject to the rule's conditions.
šÆ EXAM TIP:
Detention > 48 hours = Deemed Suspension
5. Review of Suspension
An order of suspension under Rule 5 is not valid beyond 90 days unless it is extended after review before expiry of the 90 days.
A subsequent extension cannot exceed 180 days at a time.
| Point | Period |
|---|---|
| Initial review | Before 90 days |
| Maximum extension at one time | 180 days |
ā Very Important:
90 Days ā Review
180 Days ā Maximum extension at a time
6. Penalties ā Rule 6
The penalties are divided into:
A. Minor Penalties
| No. | Minor Penalty |
|---|---|
| 1 | Censure |
| 2 | Withholding of promotion for a specified period |
| 3 | Recovery from pay of pecuniary loss |
| 3-A | Withholding of Privilege Passes/PTOs or both |
| 3-B | Reduction by one stage in time scale for up to 3 years, without cumulative effect and without adversely affecting pension |
| 4 | Withholding of increments for a specified period |
These are specified in Rule 6(i) to 6(iv).
7. Major Penalties
| No. | Major Penalty |
|---|---|
| 5 | Reduction to a lower stage in time scale for a specified period |
| 6 | Reduction to a lower time scale of pay, grade, post or service |
| 7 | Compulsory retirement |
| 8 | Removal from service |
| 9 | Dismissal from service |
Rule 6 specifically provides that removal is not a disqualification for future Government/Railway employment, whereas dismissal ordinarily is.
š§ Easy Memory
Minor:
C ā P ā R ā Pass ā Stage ā Increment
Major:
Reduction ā Lower Grade ā Compulsory Retirement ā Removal ā Dismissal
šÆ EXAM TIP:
Removal ā Dismissal
Removal ordinarily does not disqualify future employment; dismissal ordinarily does.
8. Suspension is NOT a Penalty
This is a very common MCQ.
Suspension is not one of the penalties listed under Rule 6.
It is a temporary administrative measure governed by Rule 5.
ā Question: Is suspension a punishment under D&A Rules?
ā Answer: No.
9. Disciplinary Authority ā Rule 7
The President can impose any penalty specified in Rule 6.
Other disciplinary authorities are specified in Schedules I, II and III.
The authority competent to impose penalties depends upon the applicable schedule, category of employee and relevant disciplinary powers.
šÆ Exam Tip:
Don't try to memorize one universal authority for every Railway employee. Check the applicable Schedule.
10. Major Penalty Proceedings ā Rule 9
A major penalty cannot normally be imposed without an inquiry as prescribed under the rules.
The disciplinary authority may:
Conduct the inquiry itself, or
Appoint an Inquiring Authority/Board of Inquiry.
The charge memorandum contains:
Articles of charge
Statement of imputations
List of documents
List of witnesses.
11. Reply to Charge Sheet
The Railway servant is required to submit a written statement of defence within 10 days, or within such further time as the disciplinary authority may allow.
The employee may also indicate whether they wish to be heard in person.
šÆ MCQ: Written defence to major penalty charge memorandum ā 10 days.
12. Defence Assistance
A Railway servant may generally take assistance of another eligible Railway servant.
A retired Railway servant may also assist subject to applicable conditions.
For non-gazetted staff, assistance from an official of a recognized Railway Trade Union is also provided subject to the rules.
A legal practitioner is not ordinarily permitted unless the conditions specified in the rules are satisfied.
13. Minor Penalty Proceedings ā Rule 11
Rule 11 deals with the procedure for imposing minor penalties.
The procedure depends upon the particular minor penalty and circumstances. For certain minor penalties, a more detailed inquiry under Rule 9 is required as prescribed by the rule.
šÆ Remember:
Rule 9 ā Major Penalty
Rule 11 ā Minor Penalty
14. Appeal Under D&A Rules
A Railway servant can appeal against specified orders.
Appeal can lie against, among other things:
An order of suspension under Rule 5
An order imposing a penalty under Rule 6
An order enhancing a penalty
Certain orders affecting pay, allowances, pension, PF or other service conditions.
15. Orders Against Which No Appeal Lies
Under Rule 17, no appeal lies against:
An order made by the President
Certain interlocutory/step-in-aid orders, except an order of suspension
An order passed by an Inquiring Authority during an inquiry under Rule 9.
16. Time Limit for Appeal ā Rule 20
An appeal should normally be filed within:
45 Days
The period is counted from the date on which the copy of the order is delivered to the appellant.
The appellate authority may entertain a delayed appeal if satisfied that there was sufficient cause for the delay.
š„ EXAM TIP:
Appeal = 45 Days
17. What Can the Appellate Authority Do?
While considering an appeal against a penalty, the appellate authority considers:
Whether the prescribed procedure was followed
Whether the findings are supported by evidence
Whether the penalty is adequate, inadequate or severe
It may:
Confirm
Enhance
Reduce
Set aside the penalty
Remit the case for further action/inquiry.
18. Revision ā Rule 25
Revision is different from an ordinary appeal.
Specified authorities such as the President, Railway Board and General Manager, among others specified in Rule 25, may call for records and revise orders under the rules, subject to the conditions of the rule.
A revision may result in:
Confirmation
Modification
Setting aside of order
Reduction/enhancement of penalty
Imposition of penalty where none was imposed
Remitting the case for further inquiry/action.
Important
Normally, revision proceedings do not commence until:
Appeal limitation expires OR appeal is disposed of.
There are specified exceptions, including Railway accident cases.
19. Review ā Rule 25-A
Review is covered under Rule 25-A.
The President may review an order when new material or evidence, which could not be produced or was not available at the time of the original order, comes to notice and has the effect of changing the nature of the case.
Procedural safeguards apply before imposing or enhancing penalties.
šÆ Memory Trick:
25 = Revision
25-A = Review
20. Appeal vs Revision vs Review
| Particular | Appeal | Revision | Review |
|---|---|---|---|
| Rule | 20/22 | 25 | 25-A |
| Main purpose | Challenge an order | Re-examine/revise an order | Reconsider based on new material/evidence |
| Key authority | Appellate Authority | Authorities specified in Rule 25 | President |
| Important time point | 45 days | As prescribed | Rule 25-A |
| Exam keyword | Appeal | Revision | New material/evidence |
š„ Most Important Numbers
| Number | Remember |
|---|---|
| 1968 | D&A Rules year |
| 1 Oct 1968 | Rules came into force |
| Rule 5 | Suspension |
| 48 hours | Deemed suspension |
| 90 days | Suspension review |
| 180 days | Maximum extension at a time |
| Rule 6 | Penalties |
| Rule 9 | Major penalty inquiry |
| Rule 11 | Minor penalty procedure |
| 10 days | Written defence to charge memorandum |
| Rule 20 | Appeal limitation |
| 45 days | Normal appeal period |
| Rule 25 | Revision |
| Rule 25-A | Review |
ā Top 20 MCQs ā D&A Rules 1968
1. D&A Rules came into force on?
1 October 1968
2. D&A Rules are made under the proviso to which Article?
Article 309 of the Constitution
3. Which rule deals with suspension?
Rule 5
4. Detention for more than how many hours results in deemed suspension?
48 hours
5. How often must suspension be reviewed before the initial 90-day period expires?
Before expiry of 90 days
6. Maximum period for one extension of suspension?
180 days
7. Which rule contains penalties?
Rule 6
8. Is suspension a penalty?
No
9. Which is a minor penalty?
Censure
10. Which is a major penalty?
Dismissal from service
11. Which rule deals with major penalty procedure?
Rule 9
12. Which rule deals with minor penalty procedure?
Rule 11
13. Normal time for written defence to major penalty charge memorandum?
10 days
14. Normal limitation for an appeal?
45 days
15. Which rule deals with limitation for appeal?
Rule 20
16. Which rule deals with revision?
Rule 25
17. Which rule deals with review?
Rule 25-A
18. Who may review under Rule 25-A?
President
19. Does removal ordinarily disqualify future Government/Railway employment?
No
20. Does dismissal ordinarily disqualify future Government/Railway employment?
Yes
š§ Super Memory Trick
Remember:
ā5 ā 6 ā 9 ā 11 ā 20 ā 25 ā 25Aā
5 ā Suspension
6 ā Penalties
9 ā Major Inquiry
11 ā Minor Penalty
20 ā Appeal
25 ā Revision
25A ā Review
And remember:
48 ā 90 ā 180 ā 45
48 hours ā Deemed Suspension
90 days ā Suspension Review
180 days ā Maximum extension at a time
45 days ā Appeal
One-Minute Revision Chart
| Topic | Answer |
|---|---|
| Rules | Railway Servants (Discipline & Appeal) Rules, 1968 |
| Effective date | 1 October 1968 |
| Constitutional basis | Article 309 |
| Rule 5 | Suspension |
| Deemed suspension | Detention > 48 hours |
| Suspension review | 90 days |
| Extension at a time | 180 days |
| Rule 6 | Penalties |
| Minor penalty example | Censure |
| Major penalty example | Dismissal |
| Rule 9 | Major penalty inquiry |
| Rule 11 | Minor penalty procedure |
| Defence reply | 10 days |
| Appeal | 45 days |
| Rule 25 | Revision |
| Rule 25-A | Review |
| Removal | Ordinarily no future-employment disqualification |
| Dismissal | Ordinarily future-employment disqualification |
šÆ Final Exam Takeaway
For ACM and Railway Departmental/CBT examinations, don't try to memorise every provision of the D&A Rules at once.
First master these:
Rule 5 ā Suspension
Rule 6 ā Penalties
Rule 9 ā Major Penalty Inquiry
Rule 11 ā Minor Penalty Procedure
Rule 20 ā 45-Day Appeal
Rule 25 ā Revision
Rule 25-A ā Review
And the most important numbers:
48 hours | 90 days | 180 days | 10 days | 45 days
ā ACM EXAM TIP: If you remember ā5-6-9-11-20-25-25Aā + ā48-90-180-10-45ā, you have a strong foundation for most basic D&A Rules MCQs.
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