a,

NFIR

Registration No.: RTU/Nnnl3112012

National Federation of IndianRailwaymen 3 , C H E L MSFOR.D ROAD,NEWDELHI- 110055 ' Afflliatedto : lndianNationalTrade UnionCongress(INTUC) International TransportWorkers'Federation(lTF) Dated:1910212018

No. IVSlPart III The Secretary (E), Railway Board, NewDelhi Dear Sir. Sub:

Imposition of penaltiesof 'Dismissal,lRemovalor Reductionin rank" on employeesin Railwaysviolation of provisions of the Constitutionof India - reg.

Ref:

(i) (ii) (iii)

'

NFIR's PNM Item No, 31/2012. RailwayBoard's letterNo. E(D&A)201zFiG 6-34 dated30l09l20I5. NFIR's letter No. WllParln darcd21102120n.

Federationvide its PNM agendaitem no.3112072had raisedthe issuerelating to incorrect and unjustified imposition of penalties of dismissal/removalon Group 'C' employeesand demandedreview and rectification. After deliberations in the PNM meetings, the Railway Board vide letter No. E(D&A) 2012 RG6-34 dated 3010912015had issued instructions reiterating that a lower authority who has merely issued/signedthe order regarding appointment/promotionwhich has b'eenorderedby a high&'aut16r{ty, is noi competenito impose the penalty of dismissal,removal or compulsory retirement from service on such Railway servantas such action is not only violative of the RS (D&A) Rules but also unlikely to withstandjudicial scrutiny. On receipt of further complaintsFederationvide its letter No. trl5lPart II dated 2110212017 againbrought to Board's notice that the lower grade Officers (Jr. Scaleto JA Grade) have still been resorting to imposition of penalties of dismissal/removalon Group 'C' employees although they are the subordinateauthority to the appointing authorities who had approved appointment/promotionof Group 'C' staff. On questioning, the authorities state that the relevant powers have been vestedwith the concernedauthoritiesunder the scheduleof powers (SoP) created on the ZoneslProduction Units with the approval of General Managers. In its communication dated 2110212017,the Federation had mentioned that the actions on the part of Zonal RailwayslProduction Units have been in contraventionwith the provisions containedunder Article 311 of tle Constitution, which of course,cannotbe supersededby any authority other than the ParliamenVPresident of India. Though the said letter, Federationrequestedthe Railway Board to get the matterreviewedthoroughly and to issue clear instructions to the GMs etc., to ensurethat the authorities subordinateto the appointing authority are not allowed to impose any of the major penaltieslike dismissalkemovallreductionin rank on Group oC' employees, but, however, no suchclarificatory instructionshave beenissuedso far. While enclosingcopy of Federation'sletter dated 2110212017, NFIR once againurges upon the Railway Board to seethat the scheduleof powers framed by the Zonesl?roductionUnits are re-castedfor ensuringthat the provisions containedin Article 311 of the Constitutionare implementedin letter and spirit. Federationmay be replied of action taken on the subjectmatter soon. Yours faithfullv.

']'n (Zt'.r h I / l

v

(Dr.M.na{navaiafr\ General Secretary;U , / Copy to the Genqral Secretariesof affiliated Unions of NFIR together with copy of Board's letter dated 30s v September,2015 for information and guidance. . Media CentreArIFIR. FileNo.3Il20I2 (PNM).

Phone: 011-23343305, Rly.03a-22283,22626, 65027299, Fax: 011-zgz44o1g, Rty.223BZ E-mail: [email protected], Website: www.nfirindia.org

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