NIP - Notice on Imposition of a Penalty

Notice on Imposition of a Penalty (NIP)- 

A. Penalty Order shall be prepared carefully. 

B. It shall be ensured that the authority signed the order is competent to issue such a penalty. 

C. Notice on Imposition of a Penalty (NIP) should be signed by the Disciplinary authority himself. (Except in the case of Railway Board and President). 

D. Ineffective Penalties such as imposing withholding increment while the employee is at a maximum of the pay band or level, withholding of Pass/PTO when not available at credit, etc. should be avoided. 

E. When recovery of pecuniary loss is ordered, the imposition of penalties such as Compulsory Retirement, Removal, and Dismissal cannot be imposed.

 F. When punishment is with cumulative effect, the period, the loss of pay, etc. shall be specified. In the absence of the term ‘seniority’/’pay’, the benefit shall be given to the delinquent employee. 

G. Post Retirement Passes not to be withheld as a penalty under DAR. 

H. In the penalty advice, no employee can be reduced in rank below his initial appointment pay band/grade pay/Level. 

I. Imposing of more than one penalty in one order such as reversion to lower Grade and withholding of increments etc. cannot be done. 

J. Reverting an employee to a lower Pay band/level fixing him at a stage lower one from which he was promoted or which he would have normally drawn will a double penalty hence not to be ordered. Reduction to the lower stage is a penalty under (v) of rule 6 and Reduction to lower pay band /level is a penalty under (vi) of Rule 6. 

K. Dismissal, Removal, etc. not to be given with retrospective effect. 

L. After retirement, the punishment of cut in pension only can be implemented that too by the president. (Rule 9 of the Railway Service pension Rules1993) 

M. Where Withholding of increments affecting the retirements benefit, or of recurring nature, even in minor penalty cases are imposed, the procedure similar to a major penalty is to be followed duly issuing Standard form no.11 (b). 

N. While issuing orders such as Compulsory Retirement, Removal, and Dismissal, the authority issuing such orders should not be lower than the Appointing Authority. 

O. In Removal and Dismissal cases, the decision of Disciplinary Authority regarding the payment of Compassionate Allowance is to be recorded in the file and communicated to the employee separately. 

P. The difference between (1)” Reduction by two stages for one month” and (2) Reduction by one stage for two months” is to be understood in a proper term. (i.e. first is a major penalty and second is a minor penalty).