71. KNOWLEDGE SPECTRUM - DISCIPLINE - FAQ
124. An official who is on leave and not drawn his leave salary in which his annual increment becomes due is awarded the punishment of withholding of next increment, whether the punishment can be effected while drawing his leave salary?
No. As per Rule 102 of P&T volume III, The penalty of withholding an increment take effect from the date of increment according to the officer after the issue of the punishment orders.
125. Whether one official shall be vexed twice for the same offence?
No. As per Article 20(2) of the Constitution of India that ‘No Person shall be prosecuted and punished for the same offence more than once.”
126. Whether the punishment of ‘censure’ stands in the way of promotion?
No. As per M.H.A. OM No. 1/3/68-Ests (D) dt. 18.03.1968, the penalty of censure does not by itself stand against one’s promotion, as his fitness has to be judged, in the case of promotion by seniority, on the basis of an overall assessment of his service record and in the case of promotion by selection on merit. On the basis of merit categorization, which is again based on an overall assessment of his record.
127. Whether an officer performing current duties of a post can exercise statutory powers under CCS (CCA) Rules 1965.
No. An officer appointed to perform the current duties can exercise administrative or financial powers vested in the full – fledged incumbent of the post, but he cannot exercise statutory powers under the CCS (CCA) Rules 1965.
(MHA OM No F.7/14/61-Ests (A) dt. 24.1.1963)
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