Indian Railway Establishment Code Chapter 7

Legal actions against railway employees, categorized by whether the actions were related to official duty, by virtue of their position, or neither.

Legal proceedings relating to actions performed during a railway employee's official duties

Legal cases stemming from an employee's official position, even if separate from duties.

Legal proceedings not related to official duties or position, like private matters.

Railway Board reviews expense claims for official-duty or position-related legal cases.

Railway workers are not compensated for legal fees if their cases involve private actions.

The Union Public Service Commission is consulted for official duty-related legal cases for railway workers.

Legal actions initiated by a railway servant with government approval to defend their official conduct.

Government may assist a railway servant defending legal actions related to their duties or position, but reimbursement is not guaranteed.

If a railway servant is sued by another railway servant regarding official duties, the government may provide assistance, treating the other servant as a 'private party'.

Government aid doesn't apply if a railway servant is implicated in suits against the government related to service conditions like seniority.

Government will not provide any assistance or reimbursement for legal cases unrelated to a railway servant's official duties or position.

Government decides whether to provide legal defense for a railway servant in a case.

If a railway servant appears to have acted improperly, they may need to defend themselves without government assistance.

The government determines whether providing legal defense for a railway servant is fair and appropriate.

The cost of legal representation for railway employees is determined by factors like trial duration and the size of the case record.

The Railway Administration decides if a lawyer's fees are reasonable, taking into account the complexity of the case.

If the lawyer's fees appear excessive at first glance, a specific review process is followed.

If the High Court has set fee limits for specific types of cases, charges within those limits are considered reasonable.

When a lawyer handles multiple cases on the same day, and fees for each case are within limits, extra review is unnecessary.

Railway employees who receive an advance payment for legal fees promise to repay the government in installments.

If an employee leaves government service, the full remaining balance of the advance payment becomes due immediately.

If the full balance of the advance payment is not paid within six months of leaving government service, the government can recover the debt.

The government has the legal right to recover any remaining advance payment, even after an employee leaves service.

The government's right to recover the advance payment is based on existing laws.

A legal document where an individual (the surety) guarantees to pay a specific amount of money to the government if another person (the government servant) fails to fulfill their obligations.

An individual employed by the government, who holds an official position and performs duties for the public.

The head of state of India, who acts as the supreme authority for the government.

A provision in the Indian Constitution that deals with the execution of contracts and agreements by the government.

The duties and responsibilities that a government servant must fulfill as part of their job.

The expenses incurred in defending a government servant in a legal case.

The government may provide financial and legal support to a government servant who faces legal actions related to their official duties.

The surety is liable to pay the government the specified sum if the government servant fails to fulfill their obligations.

The government must approve any legal actions initiated by a government servant to defend their official conduct.

The government must obtain legal advice in writing before initiating any criminal prosecution against an individual.

The government can decide whether to settle or compromise civil cases on its behalf, but only with express sanction, except in urgent situations where inaction would be harmful.

When the Government of India is involved in a criminal prosecution, the Solicitor of the State Government where the accused is being tried should be employed, or, if the case is managed centrally, the Solicitor should seek advice from relevant authorities.

Cases involving railway administration that reach the Supreme Court should be handled by the Government Agent, Central Agency Section, Ministry of Law, New Delhi. Counsel engagement requires consultation with the Government Agent.

No criminal prosecution can be initiated or withdrawn against a railway employee contrary to legal advice without proper authorization from the Railway Ministry.

A railway servant becomes personally liable when they fail to defend a suit or reply to a plaint, whether they are sued for wages or damages related to their official duties.

If a railway servant is sued for wages related to their official duties, they must defend the suit by pleading that the government should be made the defendant.

If a railway servant is sued for damages due to an alleged act as an employee of the government, they can be sued directly, even if they acted on behalf of the government.

If a railway servant fails to defend the suit, whether for wages or damages, they become personally liable for the outcome.

The General Manager can create subsidiary rules for railway servants to follow when defending legal actions. Failing to follow these procedures may result in the withholding of legal expenses.

Suits for wages relate to financial transactions where the railway servant acted in their official capacity. Suits for damages involve alleged wrongful acts performed while working for the government.

While the government may provide assistance in legal matters related to a railway servant's official duties, it is not guaranteed. Reimbursement of legal expenses can be withheld depending on the specific circumstances.

The government may choose to defend a railway servant in legal proceedings if it's in the public interest and the servant agrees.

A written agreement signed by a railway servant agreeing to government defense in a legal case and promising cooperation.

The government can be held responsible for a railway servant's actions during official duties, even if they weren't directly involved.

The government may defend a railway servant in a civil case if their interests align with the government's, and there's no conflict.

A written statement by a railway servant agreeing to government defense in a civil case where their interests and the government's align.

A railway servant might be reimbursed for legal costs if they defend themselves successfully in a case.

If a railway servant faces legal proceedings, they can choose to defend themselves, and the government might reimburse their costs.

Before taking on a joint defense for a railway servant, the government consults with legal experts to assess the case.

Government may aid railway servants facing lawsuits related to their duties or position, but reimbursement isn't guaranteed.

If sued by a coworker about official duties, government assists, but treats the coworker as a 'private party.'

Government won't help with cases unrelated to official duty or position, even if the employee is sued.

Government aid doesn't apply if an employee is involved in lawsuits against the government regarding working conditions.

The government determines if it's suitable to provide legal defense, and if the employee appears to have acted incorrectly, they're left to defend themselves.

Government decides whether to offer legal defense to an employee, and if they acted improperly, they might face sole responsibility.

Government may reimburse legal expenses for cases related to official duties or position, but considers the merits of each case.

A surety bond guarantees that the government will receive a specific sum of money if a government servant fails to fulfill their obligations.

The surety is liable to pay the government the specified sum if the government servant fails to do their duty.

The President of India is the party to whom the surety bond is made.

Article 299 outlines how government contracts are executed, including the use of surety bonds.

Surety bonds help ensure that the government is protected from financial loss if a government servant fails to meet their obligations.

The surety is obligated to pay the government the amount specified in the surety bond.

The government needs written legal advice before starting or stopping a criminal case against someone. Additionally, they can't settle a civil case without clear approval, except in urgent situations where inaction would hurt their interests.

A railway worker is personally responsible if they don't defend a lawsuit or respond to a complaint, whether it's about wages or damages related to their job.

The government might choose to defend a railway worker in court if it benefits everyone and the worker agrees. They sign a document agreeing to cooperate and possibly be reimbursed for legal costs.