30th June retirees case - Supreme Court passed comments- noncompliance costs as well as interest may be imposed.

 21.    What are the rules for awarding reduction to a lower stage as a major penalty?

·    When a GS  is reduced to a Lower Stage in a time–scale as a major penalty [ FR-29(I)], the order should indicate:

                                i.    the date from which it will take effect and the period (i.e: years and months) for which the penalty shall be operative;

                               ii.    the stage in the time-scale (in terms of rupees) to which the GS is reduced; and

                              iii.    the period, if any, for which his future increment will be postponed.

·    Reduction to a Lower Stage in the time-scale cannot be ordered for an unspecified period of time, or as a permanent measure.

·       Reduction to a Lower Stage in the time-scale as a major penalty should be ordered in the following form:

·  “It is therefore ordered that the pay of Shri……. be reduced by…….stages from Rs……….to Rs……… in the time-scale of pay of……. for a period of…. years/months with effect from…… It is further directed that Shri…….. will/will not earn increments of pay during the period of reduction and that on expiry of this period, the reduction will/will not have the effect of postponing his future increments of pay”

 

22.    What are the rules for awarding reduction to a lower service, Grade or Post as a major penalty?

·        An order imposing a penalty of Reduction to a Lower Service, Grade or Post or to a Lower time-scale [FR 29 (2)] should specify;

·        (1) the date from which it will take effect

·        (2) the period of reduction (if the intention is not to reduce the GS permanently or for an indefinite period) and.

·        (3) whether  on re-promotion, the GS will regain his original seniority in  the higher service, grade, post or time-scale from which he was reduced

·        (4) the period, if any, for which his future increments will be postponed.

·        If the order of reduction referred above is for an indefinite period, the order should be in the following form:

·        “Shri …. is reduced to the lower post/grade/service/time-scale of ……..(Postman/Mail Guard) until he is found fit by the competent authority    to  be restored to the higher post/grade/service/ time-scale of …….(PA/SA)”.

·        If the intention of the order referred above is that the GS will be considered for re-promotion only after a specified period, the order should be in the following form:

·        “Shri……. is reduced to the lower post/grade/service/time-scale of  ………(postman/mail guard) until he is found fit, after a period of ……. years from the date of this order, to be restored to the higher post of ……..(PA/SA”).

·        (If no period is specified in the order, the penalty is for an indefinite period. 

·        If the order does not specify the stage at which the pay of the GS will be fixed in the lower post /grade, etc, his pay will be fixed at the lowest stage in the post/grade, etc).

23.    Whether any official can be reduced to the post lower than the appointed post as a measure of punishment?

·        A person appointed directly to a higher post, service, grade or time-scale (say, an SA or PA) cannot be reduced to a lower post, grade, service, or time-scale (say, Mail Guard or Postman) which he never held before.

24.    Is there any compulsion to close the minor penalty proceedings before superannuation of a GS?

·       Disciplinary proceedings initiated under Rule 14 and Rule 16 automatically continue as proceedings under Rule 9 of CCS (Pension) Rules 1972, under which the President has the power to withhold or withdraw the pension, etc. of a retired GS.

·        Minor penalty proceedings initiated under Rule 16 do not justify such penalties.

·        Therefore, it is necessary that minor penalty proceedings initiated against a GS who is due to retire should be finalised before the date of his retirement.

·        Moreover the punishment awarded should be completed before the retirement and if the punishment is warded beyond the retirement the punishment is invalid.

25.    Whether penalty of withholding of increment takes effect immediately? What care to be taken to award such punishment?

·   The penalty of Withholding of Increment takes effect from the date of the next increment.

·      It cannot affect the increment which was due prior to the issue of the order, even though it may not have actually been drawn for some reason or the other.

·        An order of Withholding of Increments of pay has to be worded carefully.

·      Suppose, the order says that the ‘next increment’ of the GS is withheld for a period of 3 years, all the 3 increments falling due during that period will be withheld.

·        The obvious reason is that, without getting the next increment the GS cannot get increments falling after the next increment.

·        If on the other hand, the order says that ‘one increment’ of the GS is withheld, the GS will get the subsequent increments, falling during the period (two increments in the above example).