16 July 2024

In a recent development aimed at ensuring fair treatment during disciplinary proceedings, the Ministry of Railways has introduced amendments to the Railway Servants (Discipline and Appeal) Rules, 1968. The new rules, titled the Railway Servants (Discipline and Appeal) (Second Amendment) Rules, 2024, were officially notified on the 16th of July, 2024, and are set to come into force immediately upon publication in the Official Gazette.

Under these amended rules, railway servants facing disciplinary inquiries now have the right to seek assistance from another railway servant while presenting their case. This assistance can be provided by any railway servant working under the same railway administration, or even from a different railway administration, subject to certain conditions.

Previously, railway servants were prohibited from engaging legal practitioners for such purposes unless explicitly permitted by the Disciplinary Authority. The revised clause now allows them to enlist the help of another railway servant to present their case, provided the presenting officer appointed by the Disciplinary Authority is not a legal practitioner. Moreover, if the circumstances of the case warrant, or if deemed necessary by the Inquiring Authority, a railway servant may seek assistance from a colleague posted under a different railway administration.

However, the rules also mandate that the Inquiring Authority must provide written reasons for rejecting such a request if it decides against permitting assistance from a railway servant outside the jurisdiction. This ensures transparency and allows the railway servant to challenge the decision by making representations to the Disciplinary Authority.

These amendments underscore the Ministry of Railways' commitment to fairness and transparency in disciplinary procedures concerning railway servants. By allowing them the option to seek assistance from a fellow railway servant, the amendments aim to facilitate a more equitable process while upholding the principles of natural justice.

Railway authorities are expected to implement these amendments promptly, thereby ensuring that railway servants across the country benefit from these updated rules governing disciplinary matters within the railways. For railway servants preparing to undergo disciplinary inquiries, these amendments represent a significant enhancement in their ability to defend themselves effectively, ensuring their rights are upheld throughout the proceedings.

The amended rules reflect ongoing efforts by the Ministry of Railways to modernize and streamline disciplinary processes within the railway sector, ultimately contributing to a more efficient and equitable work environment for all railway employees. This update comes as part of broader reforms undertaken by the Ministry of Railways to strengthen governance and accountability within the Indian Railways, ensuring it continues to serve the nation effectively in the years to come.