1000 TIT BITS ON DISCIPLINE -118
456. Withholding of increments – careful in coining the words
In order of Withholding of Increments of pay has to be worded carefully. Suppose, the order says that the ‘next increment’ of the GS is withheld for a period of 3 years, all the 3 increments falling due during that period will be withheld. The obvious reason is that, without getting the next increment the GS cannot get increments falling after the next increment. If on the other hand, the order says that ‘one increment’ of the GS is withheld, the GS will get the subsequent increments, falling during the period (two increments in the above example).
457. An example about the implementation of punishment of withholding of increment
Suppose, a GS is held at EB stage (Efficiency Bar stage), and his increments are withheld. The penalty cannot be implemented as he has not been allowed to draw increments after the EB stage. The competent authority should review the EB case of the GS immediately after imposition of the penalty, and allow the GS to cross the EB stage if he is found fit. The penalty cannot be implemented until the GS is allowed to cross the EB stage. (There is no EB stage in any pay scale after the V Pay Commission]
458. Implementation of two or more punishments at a time
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.
459. Mention in the further punishments whether run concurrently or after the first punishment is over
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.
460. An example of two punishments and the second one is awarded while the first punishment is under current
Suppose, a LSG official is reduced to the minimum stage in the scale of his pay w.e.f. 1.1.2020 for a period of 4 years, that is, up to 31.12.2024. Another penalty is imposed on him in June 2021 reducing him to the lower time-scale of Postal Assistant w.e.f. 1.7.2021 for a period of 3 years. This is higher than the first penalty, and its currency will be up to 30.6.2024. In this case, the second penalty will be implemented w.e.f. 1.7.2021, that is, the GS will be reduced to a PA. This will continue up to 30.6.2024. For the balance period, that is, from 1.7.2024 to 31.12.2024, the first penalty will be implemented. The first penalty runs concurrently with the second penalty from 1.7.2021 to 30.6.2024.
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