66. KNOWLEDGE SPECTRUM - DISCIPLINE - FAQ
105. What is the provision on withdrawal/withholding/recovery of pension/granting in the case of minor penalty proceedings?
As per DOPT OM No. 110/9/2003-AVD I dated 13.4.2009, the minor penalty proceedings cannot establish the grave misconduct or negligence leading to the withdrawal/withholding/recovery of Pension/gratuity as a result of minor penalty proceedings insisted against a charged official during his service and which had continued after his retirement.
(DG (P) No. 14013/03-2010 VP dated 09.02.2012)
106. Whether promotions can be accorded if the punishment awarded does not become operative?
Yes. It should be. Promotions will not be considered only in the cases of pending currency of punishment. If the punishment is in currency, it is applicable. Suppose if the punishment like withholding of increment will likely to be given effect from the next increment, in such cases, the punishment is not in currency and promotions should be given effect.
107. Whether any official can be reduced to lower rank below the rank appointed under disciplinary proceedings as punishment?
In case of ‘reduction in rank’, the status of the charged officials can be reduced from higher rank to lower rank but it should not be the lower rank than the post for which he was appointed initially.
(Rule 11 GOI 10)
108. Whether the punishment order awarded with cumulative effect will affect the seniority?
When the order of punishment is awarded with cumulative effect, it will affect the increment for the specific period mentioned in the order, but it will not affect the seniority of the official. But an order of reduction to a lower rank/post will affect seniority, if ordered as such.
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