1000 TIT BITS ON DISCIPLINE -127
501. Implications of the Penalty
The penalty of ‘Reduction in rank’ as it has been specified in the various disciplinary rules, has the following implications.
i. This penalty is normally imposed for an unspecified period. However, the disciplinary authority has the discretion to order this penalty even for a specified period.
ii. Where the penalty is imposed for a specified period, the disciplinary authority should make specific orders regarding the period for which the reduction shall be effective; conditions for restoration to the higher service, grade, post or the time-scale from which reduced; his seniority on restoration; and whether the period of reduction shall operate to postpone his future increments and, if so, to what extent.
iii. Where the reduction in rank is for an unspecified period, the employee remains entitled to promotion to the original post or any other post in the normal course, in accordance with his eligibility for such promotion and subject to other extant conditions.
502. Format of Order
An order of reduction to a lower grade, post, time-scale of pay or service, must specify –
i. the date from which it will take effect;
ii. if for a specified period, the period in years and months for which the penalty shall be operative; and
iii. if for a specified period, the conditions for restoration to the grade, post, time-scale of pay, or service from which reduced; his seniority and pay on such restoration i.e., extent (in terms of years and months) if any, to which the period of reduction shall operate to postpone future increments on restoration after the specified period.
[GI MOF O. Ms. No. F.2(47)-E. III/60, dated 16-8-1960 and No. F.2(18)-E. III/61, dated 17-5-1961]
503. Seniority on reduction to the lower post
A public servant reduced to a lower post shall rank senior most among the officials in that grade at the time of reduction (M.C. Jain v. C.C.I. Ltd., 1991 Lab. IC 4P) 1438, para 8].
504. Re appointment/restoration to the higher post
Where the reduction is for a specified period, after the period has worked itself out, subject to any conditions laid down in the order of penalty, he is entitled to be restored to the original post (see M.C. Jain case, supra].
Where reduction is for an unspecified period, he will be considered for promotion in his turn according to his seniority in the lower post and if selected shall be promoted to that post subject, of course, to any conditions prescribed earlier in the order of the penalty.
505. Seniority in the higher post on restoration or re-appointment
Para 4.2 of the Consolidated Orders on Seniority vide., the DOP&T O.M. No. 22011/7/86-Estt. (D), dated the 3rd July, 1986, provides -
“4.2.1 An order imposing the penalty of reduction to a lower service, grade or post or to a lower time-scale should invariably specify -
(i) the period of reduction, unless the clear intention is that the reduction should be permanent or for an indefinite period;
(ii) whether on such re-promotion, the Government servant will regain his original seniority in the higher service, grade or post or his higher time-scale which had been assigned to him prior to the imposition of the penalty.
4.2.2 In cases where the reduction is for a specified period and is not to operate to postpone future increments, the seniority of the government servant may, unless the terms of the order of punishment, provide otherwise, be fixed in the higher service, grade or post or the higher time-scale at what it would have been but for his reduction.
4.2.3 Where the reduction is for a specified period and is to operate to postpone future increments, the seniority of the Government servant on re-promotion may, unless the terms of the order of punishment provide otherwise, be fixed by giving credit for the period of service rendered by him in the higher service, grade or post or higher time-scale."
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