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

26.    If two penalties of stoppage of increments are awarded at one time for different charges, how the punishment is operative?

·        When there are a series of penalties of stoppage of increments on a GS, the first order of stoppage of increment will be implemented first.

·        When the period specified in the order is over, the pay of the GS will be raised by giving him increments which are due to him.

·        Then the second order of stoppage of increment will be implemented, and so on.

·        There are cases when a second penalty is imposed on a GS while the first penalty is current.

·        Generally, the DA specifies in the second order whether the two penalties should run concurrently or the second penalty should be implemented only after the expiry of the first penalty.

·        If no such mention is made in the second order, the two punishments will run concurrently, and the higher penalty, even though ordered later, should be implemented immediately, and after expiry of the penalty, the lower punishment will continue for the balance period.

·        Suppose, a LSG official is reduced to the minimum stage in the scale of his pay w.e.f. 1.1.2024 for a period of 4 years, that is, up to 31.12.2028. Another penalty is imposed on him in June 2024 reducing him to the lower time-scale of Postal Assistant w.e.f. 1.7.2024 for a period of 3 years.

·        This is higher than the first penalty, and its currency will be up to 30.6.2027. In this case, the second penalty will be implemented w.e.f. 1.7.2024, that is, the GS will be reduced to a PA.

·        This will continue up to 30.6.2027. For the balance period, that is, from 1.7.2027 to 31.12.2027, the first penalty will be implemented.

·        The first penalty runs concurrently with the second penalty from 1.7.2024 to 30.6.2027.

27. Whether the GS under suspension can be allowed to appear the departmental examination?

·        If a GS is facing a disciplinary case or is under suspension, he may be allowed to take departmental examinations, if he fulfils all other conditions.

·        But he will be promoted only after the disciplinary proceedings are over.

·        If any penalty is imposed, he should be promoted only after expiry of the penalty.

·        If he is exonerated from the charges, he will be given promotion retrospectively

·        In such cases, his seniority in the higher grade will be determined on the basis of the rank in the examination.