D&AR Defense counsel {DC}, D&AR Defense helper {DH}, D&AR Assisting Railway Employee {ARE}, D&AR Rule 9(13)

Defense counsel {DC} / Defense helper {DH}/ Assisting Railway Employee {ARE} Rule 9(13)- 

• The delinquent employee {DE} has to furnish the name of three persons, in order of preference to act as Defense counsel/Defense helper and Railway Administration should as far as possible spare them in that order.

• He cannot engage a legal practitioner as Defense counsel unless Presenting Officer appointed by the Disciplinary is a legal practitioner or the Disciplinary Authority having regard to the circumstances of the case, so permits. (Rly. Bd’s No. E(D&A)95RG6-68 dated 13-08-1997). 

• Full-fledged legal Practitioners such as Law Assistant attached to the law section of GM’s office and Chief Commercial Manager cannot function as Defense counsel. 

• Law Assistant who does not appear before the Court, the staff of Personal Branch, Staff & Welfare Inspector, Vigilance Inspector who have not handled the same case earlier are permitted to act as Defense helpers. 

• A Railway servant under suspension can be permitted to act as a Defense helper. (Rly. Bd’s No. E(D&A) 74 RG6-31 dated11-11-1974). 

• A Railway servant who is for the time being on deputation to an office outside the Railway, cannot be permitted to act as a Defense helper. 

• A Non-Gazetted employee can act as a Defense helper to a Gazetted Officer, whereas a gazetted officer is not permitted to act as a Defense helper to a non-gazetted employee. (Rly.Bd’s No. E (D&A) 95RG6-68 dated 13-08-1997). 

• A non-gazetted Railway employee may take the assistance of an official of a Railway Trade Union, recognized by the Railway administration under which the railway servant is employed. 

• A Railway servant cannot assist other than a Railway servant in DAR cases. (Rly.Bd’s No. E(D&A)67 RG6-1 dated 11-06-1969).

Some important points

A. The Railway servant against whom disciplinary proceedings have been initiated take the assistance of any other railway servant (serving/ retired) employed in the same Railway Administration on which he is working, or from which may Railways the incident has taken place. 

 B. Where the Railway servant against whom DAR case is pending he has settled at a place far away from the Railway Administration from which he had retired, then he may be allowed to select any serving or retired employee of the Railway Administration within whose jurisdiction he has settled as per Settlement section details (Rly. Bd’s No. E (D&A) 90 RG 6-106 dated 08-10-1990). 

C. Consent letter of Assisting Railway servant need not be routed through his Controlling officer (Rly. Bd’s No. E (D&A) 79 RG 6-38dated 26-02-1980).

D. Number of cases at a time

i. Serving employees are permitted to function as Defense Helper in 3 cases at a time. 

ii. Retired employees are permitted to function as Defense Helper in 7 cases at a time. 

iii. Full-time trade Union worker can function as Defense Helper in 3 cases at a time. 

iv. Only one adjournment will be permitted on account of DC/DH/ARE’s sickness in each case (Rly Bd’s letter No. E (D&A) 2003 RG 6-8 Dated27-05-2005& E (D&A) 2002 RG6-13 dated 14-03-2003). 

v. When Defense Helper is transferred: - When a Defense Helper is transferred to another Railway Administration; the delinquent employee will have to nominate another employee as his defense helper.