Guiding norms for imposition of punishment on Loco Pilots/ Assistant Loco Pilots in cases of Passing Signals at Danger (SPAD) - NFIR's suggestions for further relaxation

NFIR

No. II/34/2018

Dated: 26/03/2018

The Secretary (E),
Railway Board,
New Delhi
Dear Sir,

Sub: Guiding norms for imposition of punishment on Loco Pilots/ Assistant Loco Pilots in cases of Passing Signals at Danger (SPAD) - NFIR's suggestions for further relaxation - reg.

Ref: Railway Board's Letter No.2017/Safety (A&R)/18/11 dated 08.01.2018

While appreciating and thanking the Railway Board for their deep analysis and thorough study on the subject of "Guidelines for minimum punishment to be imposed for LPs/ALPs, in cases of SPAD", which has resulted in issuance of revised instructions vide Board’s letter no. cited above (i.e. dated 8.1.2018), duly taking into account the inputs given by NFIR vide its letter No. II/34/Part.17 dated 04.01.2018 (also taking cognizance of NFIRs Charter of Demands - SPAD Definition to be reviewed to prevent harassment and victimization of Running and Safety categories' staff -Item No. 30, on which Strike Notice was served), the Federation places its views on the revised instructions as below for appropriate review:-

NFIR's views:

I. Para 1.1, condition 1.1.1
i) For Loco Pilots:- Reduction may be done to the next lower stage of pay level instead of reducing as LP/ Shunter for a period of one year and he may be put to work as Co-Pilot. wherever possible.
ii) For Assistant Loco Pilots, the prescribed punishment may further be relaxed.
iii) NFIR suggests that SPAD cases involving IBSS (Intermediate Block Stop Signal), may be brought under the provision of this condition (1.1.1), since as per General Rules of 1976, Rule no.3.11, Intermediate Block Stop signal is the Home signal provided at an Intermediate Block post. In the present order, it is classified under condition 1.2.

II. Para 1.1, condition 1.1.2 & Para 1.2:
In this condition, the stipulation of capital punishment of "Removal or Compulsory retirement from service", where entirely due to neglect of loco pilot, may be relaxed for imposing any other punishment.

III. Para 1.3, condition 1.3.1 & 1.3.2

i) For Loco Pilots:- Reduction may be done to the next lower pay, instead of reducing as LP/ Shunter for a period of one year.
ii) For Assistant Loco Pilots, the prescribed punishment may further be relaxed

IV. Para 1.5
In this condition, the penalty of capital punishment of Removal or Compulsory retirement from service, whei-e entirely due to neglect of loco pilot, may be further relaxed and any other punishment may be prescribed.

V. Para 2.0
Punishment for Assistant Loco Pilot, shall not be at par with Loco Pilot, unless otherwise serious dereliction of duty is proved.

VI. Para 6.0
Separate representation has already been sent on Para 6.0 vide NFIR letter No. II /34 /Pt. dated 06.03.2018, which may be considered.

VII. Para 9.0
A review of previous two years cases be allowed to be undertaken and accordingly Board's instructions dated 08/01/2018 be modified.

Yours faithfully,

S/d,

(Dr. M. Raghavaiah),

General Secretary

Source : NFIR