1000 TIT BITS ON DISCIPLINE -117
451. Another form of reduction to lower post (not affecting promotion)
If the intention of the order 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).
452. No reduction to the post not held before
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.
453. Major penalty of removal from service cannot be imposed for minor misconduct.
[P.C. Chawal Dr V UOI & others 1992 (1) ATJ 200 (Principal Bench) DOJ 06-01-1992]
454. One of the major penalties may be imposed in the following cases:
i. possession of disproportionate assets,
ii. illegal gratification,
iii. mis-appropriation of Government money, stores, etc
iv. falsification of Government records,
v. false claims like TA claims,
vi. disclosure of secret or confidential information,
vii. misuse of official position.
455. 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.
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