Railway Board Issues Strict Advisory on Action Against Individuals Securing Jobs with False Information
The Ministry of Railways (Railway Board) has issued a crucial circular (RBE No. 106/2025) to all Indian Railways and Production Units, stressing the need for swift and appropriate action against individuals who secure appointment in Railway service by furnishing false information or suppressing facts in their Attestation Forms.
The circular, addressed to all General Managers (P), includes a detailed Case Study (Annexure) for the guidance and awareness of all personnel dealing with disciplinary matters. The core message is a definitive clarification on the correct administrative course of action to be taken in such cases of fraud.
Also read in Hindi: रेलवे बोर्ड का सख़्त निर्देश: झूठी जानकारी से नौकरी पाने वालों पर ‘सेवा समाप्ति’ की कार्रवाई हो, न कि अनुशासनात्मक नियम लागू हों
The Case Study: Suppression of Dismissal and Conviction
A recent case brought to the notice of the Railway Board revealed that an employee, after securing a new appointment, had previously been:
- Dismissed from service from another Zonal Railway.
- Had a pending criminal charge related to his previous employment.
Crucially, the employee did not mention either of these facts in the Attestation Form. Furthermore, he suppressed the fact of his conviction in the criminal case, which occurred during the process of his new appointment.
Zonal Railway’s Incorrect Approach
The Zonal Railway, upon learning the new facts, initiated action under the Railway Servants (Discipline and Appeal) Rules, 1968 (RS(D&A) Rules):
- Initially, a show cause notice was issued under Rule 14(i) (proposing dismissal due to conviction).
- Subsequently, this was withdrawn, and a charge sheet for a major penalty was issued under Rule 9 on charges of suppressing facts.
- The disciplinary authority ultimately imposed the penalty of ‘Removal from service,’ which was confirmed on appeal.
The case was then referred to the Railway Board for ‘Review’ under Rule 25-A after the Revisionary Authority set aside the removal and imposed a lesser penalty that involved reinstatement. The Board found the request for Review under Rule 25-A was not maintainable.
Railway Board’s Definitive Ruling: Appointment is Void ab initio
The Railway Board sharply observed that the entire course of action adopted by the Zonal Railway was incorrect.
The Board ruled that since the individual had secured the appointment by suppressing the fact of his previous dismissal—a penalty which ordinarily disqualifies a person from future Government employment—his appointment was void ab initio (invalid from the beginning).
Key Takeaway: “He should not have been afforded the benefit of rule 14(i) or rule 9 of Railway Servants (Discipline and Appeal) Rules, 1968 as these provisions are admissible to the Railway Servants and not to the persons who may erroneously/fraudulently occupy the status of Railway Servants.”
The Correct Procedure: Termination/Cancellation
Instead of invoking the RS(D&A) Rules, the Railway Administration should have taken recourse to the provisions contained in the ‘Warning’ Column of the Attestation Form itself.
The Attestation Form clearly stipulates that:
- Furnishing false information or suppressing any factual information would be a disqualification.
- If the fraud comes to light at any time during the service of a person, his services would be liable to be terminated.
The correct action, as advised by the Board, was the adoption of the process of termination/cancellation of the very appointment of the person concerned, thereby treating him as a person who never legitimately held the status of a Railway servant.
The concerned Zonal Railway has been advised to reconsider the entire matter in light of this clear position, and the same has been circulated to all Zonal Railways for their immediate guidance and awareness.
