73. KNOWLEDGE SPECTRUM - DISCIPLINE - FAQ
132. If an employee detained in police custody erroneously or baseless by ended in the release without prosecution, what will be the treatment of absence?
In such cases, the competent authority concludes that suspension was wholly unjustified and the period will be treated as duty vide OM No. 11012/16/85-Estt (A) dt. 10.01.1986.
133. What are the DOPT instructions in the determination of seniority in case of reduction?
‘An order imposing the penalty of reduction to a lower service or post or to a lower time scale should invariably specify
(i) The period of reduction unless the clear intention is that reduction should be permanently or for an indefinite period.
(ii) Whether on such promotion, the G. S. will regain the original seniority in the higher service/grade/post which had been assigned to him prior to the imposition of penalty.
In case of reduction is for a specified period and is not to operate to postpone future increments, the seniority of G. S. on repromotion may be fixed by giving credit for the period of service rendered by him in the higher service/grade/post”.
(DOPT OM No. 22011/7/86-Estt (d) dated 03.07.1986)
134. Whether the official under the currency of punishment can be allowed to appear departmental examination?
As per the DG P&T letter No. 7/31/63-SPB II dt. 25.06.65, if the punishment is under currency, the authority should consider each case on its merits to see whether a person should be promoted in spite of the penalty imposed on the basis of the results of the examination which he had passed. Therefore, the officials under the currency of punishment are eligible to appear for the departmental examination.
Similarly, the officials against whom the disciplinary proceedings have been initiated or under suspension should also be admitted to write the departmental exam. However he will be promoted only after the disciplinary proceedings is over and he is completely exonerated.
135. Whether warning is a far for promotion?
Warnings, letters of caution, reprimands or advisories administrated to Government servant do not amount to a penalty and therefore will not constitute a bar for consideration for promotion.
(DOPT OM No. 11012/6/2008-Estt (A) dated 07.07.2008)
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