1000 TIT BITS ON DISCIPLINE -120
466. Withholding of Promotion
By its very nature, this penalty cannot be imposed for an indefinite period, which also has to be a reasonable one. Again, there is no point in imposing this penalty on a person who is not within the zone of active consideration for promotion for the period in question. It should have the real effect of postponing his promotion.
467. Consideration of promotion
Since seniority creates an important civil right in favour of a public servant, even the employee on whom the penalty of withholding of promotion has been imposed, has to be considered for promotion in case any of his junior is so considered but, in case he is selected, the promotion will not be given effect to during the currency of the penalty [DP&AR O.M. No. 22011/2/78-Ests. (A), dated February 16, 1979, para 1.2]. Thus, though the official concerned shall be considered for promotion in his turn, the penalty shall have a two-way effect, i.e., firstly, the factum of punishment may stand in his way of getting selected for promotion; and secondly, even if he is selected, the promotion shall take effect only after the period of punishment is over,
468. Recovery from Pay
The purpose of imposing this penalty is two-fold - (i) to recover the amount of loss, and (ii) to punish. The Government of India have issued detailed instructions regulating the imposition of this penalty. The amount of recovery should not be more than the actual loss to the Government. As a matter of principle, he should not be required to pay more than the part which is clearly established to be contributed towards the loss by him. The penalty should not also be such as to impair his future efficiency [Para 3(a), Appdx. I, General Financial Rules).
469. Recovery from Pay
The Government of India have decided that entire amount of loss be recovered from the delinquent official though the recovery may be spread over. The disciplinary authority should not display such severity that a Government servant suffers hardship disproportionate to his negligence/misconduct that led to the loss [DOP&T O.M. No. 11012/1/2000-Estt. (A), dated 6.9.2000].
470. Recovery from Pay
It may be mentioned that notwithstanding the imposition of this penalty, the Government retain the right to prosecute the employee in a criminal court if the misconduct amounted to a punishable offence also, or to sue him in a civil court for recovery of loss which he caused to the Government and which cannot be recovered from his pay. In case, it becomes necessary to recover amounts of any loss from the retirement benefits of the employee, this penalty cannot be imposed but proceedings can be taken for the purpose, in terms of Rule 9 of the Central Civil Services (Pension) Rules, 1972 or other similar rules.
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