One Day, One Minute, One Rule – 400 What instructions were issued by the Directorate regarding promotions to the Higher Selection Grade-I (Non-Functional Grade) [HSG-I (NFG)] in light of the proposed merger of the Postmaster cadre with the general line?

 212. Knowledge Spectrum – Discipline – ACTION ON RECEIPT OF COURT ORDERS 

 387. What action is to be taken by way of implementation of a judicial order setting aside a penalty? 

Normally, when a penalty is set aside, the clock is to be put back. i.e. the status quo ante imposition of the penalty is to be restored. Further, if the employee has suffered any adverse impact due to currency of penalty, the same has to be removed with ante date effect. However, the action to be taken by the disciplinary authority depends upon the nature of the penalty set aside as explained hereunder: 

(a) If a censure is to be set aside, necessary entries are to be made in the service records of the individual 

(b) While implementing the judicial order setting aside the penalty of recovery of pecuniary loss, recovery if in progress should be stopped forthwith; past recoveries made, if any, must be refunded to the government servant. in case the court has ordered the refund with interest if any, the same has to be calculated and refunded to the official. 

(c) Withholding of promotion – in case the employee were due for promotion in  the interim period and the same was denied because of the penalty order, promotion as due in the interim period must be granted with all consequential benefits such as pay fixation, grant of arrears of pay, etc. 

(d) Withholding of increments - pay has to be revised by granting the increments on the due dates; arrears of salary admissible consequent to revision must be paid, together with interest if applicable. 

(e) Reduction of pay to a lower stage- pay reduction has to be nullified; pay has to be regulated based on the pre-penalty scenario; arrears of salary admissible consequent to revision must be paid, together with interest if applicable. 

(f) Reduction to a lower post or scale of pay or service. - pre-penalty scenario has to be restored and continued. Arrears of pay have to be disbursed to the employee together with interest if applicable. 

(g) Compulsory retirement, Removal from service and dismissal- these three penalties are different from the others because, these penalties result in cessation of service of the charged officer. By way implementation of the judgment, the employee has to be reinstated in service, if he/she has not attained the age of superannuation. Interim period from the date of imposition of penalty to the reinstatement will have to be regulated based on CCA Rules 10 and FR 54(A). 

(h) In addition to the above, in all cases where the penalty is set aside after the date of superannuation of the government servant, necessary revision of pension must be carried out. (i) If the penalty of dismissal, removal from service or compulsory retirement is set aside retrospectively after the date of superannuation of the employee, the employee will be notionally re-instated in service and the service benefits including notional promotion, notional pay fixation, grant of arrears of pay, revision of pension and pensioner benefits, etc. will have to be granted in terms of the judgment. 

(i) It is not uncommon for the courts to order reinstatement subject to the condition that the employee will not be entitled to arrears of salary or will be entitled only to part of the arrears say -50% and that the service in the interim period will qualify for certain specific purposes only. Such judgments will have to be suitably implemented in respect of retired or serving employees.