DAR: GROSS ERROR FOR THE LAST 50 YEARS BY INDIAN RAILWAYS

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Whenever any railway servant has been dismissed under Rule 14(ii), appeal lies to Tribunal & Courts, and NOT IN THE DEPARTMENT under Rule 18(ii) of DAR, 1968 which is as per Article 311 of the Constitution of India

A letter has addressed to Chairman/CEO, Ministry of Railways (Railway Board) about Disciplinary provisions farmed by it under Article 309 of the Constitution of India is hit by another Article 311 and thus attained high degree of contradictory and mentioned that the same is in practice for the last 50 years.

It further submitted that whenever any Railway Officer exercised Rule 14(ii) on to any Railway Servant and dismissed such servant from Railway Service with a direction to appeal under Rule 18(ii) of DAR,1968 to Railway Board or Apex Department is hit by Article 311(3) of the Constitution.

As it is further submitted that the Railway Servant Discipline and Appeal Rules (DAR),1968 framed under Article 309 shall function subject to Articles 310 & 311 of the Constitution of India.

The point of submission is that once Disciplinary Authority (DA) has exercised any action under Rule 14(ii), will be final and is protected by Article 311(3) of the Constitution of India. Despite such glaring aspects, it has observed that several staff made to dismiss under Rule 14(ii) of DAR,1968 and directed to Appeal under Rule 18(ii) of DAR,1968.

It has further clarified that whenever action is taken under Rule 14(ii), appeal lies in Tribunal and Courts but not in Department and thus Rule 18(ii) may not be applied to the cases falling under Rule 14(ii) of DAR,1968. Whereas Railway Administration is directing such staff to appeal under Rule 18(ii) is contradictory to the Article 311(3) of the Constitution of India.

Therefore, it has concluded that Rules made under Article 309 by the Ministry of Railways is not subjected to the Provision of Article 311(3) for the last 50 years and is in force till the date and mentioned that the same is not correct and judicious.

It has further submitted that whenever any railway servant has been dismissed under Rule 14(ii), appeal lies to Tribunal and Courts and NOT IN THE DEPARTMENT under Rule 18(ii) of DAR, 1968 which is as per Article 311 of the Constitution of India.

It has once again clarified that Article 309 is subject to Article 310 and in turn both provisions are subjected to Article 311 of the Constitution of India and whereas Article 311 is not subject to any other provisions of the Constitution of India.

Therefore it has requested to correct the contradictory provisions mentioned in DAR,1968 in accordance with provisions of the Constitution of India.

The above letter has written by P. Ravindra Naidu, General Secretary, Indian Rail Mazdoor Union, South Western Railway to the CRB/CEO of Ministry of Railways.

It has further informed that he may be called, if felt necessary to explain ground realities and to uphold the Constitutional Provisions in true spirit.

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