DISCIPLINARY PROCEEDINGS (21)- COMMON PROCEEDINGS

Dear friends,
   As per rule 18(1) of CCS CCA RULES 1965 where two or more government servants are involved in any case ,the president or any authority competent to impose the penalty of dismissal from the service on all such government servants may make an order directing that disciplinary action against all of them may be taken in common proceedings.

      The following conditions must be fulfilled while making an order for holding common proceedings.
1. That the two or more government servants are involved in a case.
2.That the authority making the order is either the president or the highest of the disciplinary authorities competent to impose a penalty of dismissal  on all such government servants.
3. That were the disciplinary authorities are different , the order for holding common proceedings by the highest disciplinary authority is issued with the consent of all others.
4. That all the employees are governed by the same set of disciplinary rules.
5. That the employees should not have made cross complaints against each other and are working in same office.

EX-PARTY INQUIRY :-
       It is defined in sub rule 20 of Rule 14 of CCS CCA rules 1965 as follows.
" If the government servant to whom a copy of the articles of charge has been delivered ,does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule ,the inquiring authority may hold the inquiry ex-parte."

Here the ex parte inquiry does not mean that the government servant has lost his right to attend the inquiry. He can attend the inquiry at any stage. But the hearing already conducted by the I.O. should not be repeated .
    In ex parte ,inquiry should be held as per rules of regular hearing procedure. Since the onus to prove the charges levelled against the delinquent official lies with the disciplinary authority , I.O. is to prepare the report after considering all witnesses and evaluating all evidences as per rule 14 procedure.

Tenkasi.                 With loving greetings
25.12.2018.                    G.Mariappan

DISCIPLINARY PROCEEDINGS (20)-RULE 14 PROCEDURE-5- FINAL ORDER

Dear friends,

      Findings of the inquiry officer in the inquiry report is not binding on the disciplinary authority. He may also disagree with the findings of I.O. But mostly the disciplinary authority comes to a conclusion about the quantum of penalty to be imposed on the charged official based on the report. Before awarding penalty the disciplinary authority should look into the findings whether the evaluation of evidence is done in proper manner and as per rules and procedures.
    In case of disagreement he may order for further inquiry on certain points on which he opined differently but not order for fresh inquiry with another I.O.
  Also the disciplinary authority can not order for fresh inquiry merely on the ground that the findings of the I.O is favourable to the charged official even though the report is prepared in accordance with rules and procedures.

   The disciplinary authority is obliged to furnish the IR copy to the charged official who is required to submit his representation within fifteen days.
  The disciplinary authority shall consider the representation and based on the findings of the inquiry report decide the quantum of penalty to be awarded ,that is major or minor penalty. Before awarding penalty the recommendations of UPSC or CVC will also be taken into account.
     The final order must be a speaking order and it must be communicated to the charged official in person as far as possible or sent through regd.post .

Dear friends ,
Here I have not posted about Rule-16 procedure elobarately but defined briefly in previous post already.

Now I wish to post some Tamil films video clippings on court scenes in academic interest .

01. Disproving the prosecution material documentary evidence by asking leading questions in cross examination by the defence lawyer.
    A scene from the Tamil film " Mounam Sammatham" through the link below.
https://youtu.be/PxzufmG-RD4

02. Disproving the prosecution material witness evidence by asking leading questions in cross examination by the defence lawyer.
    A scene from the Tamil film " Mounam Sammatham" through the link below.
https://youtu.be/1eKqSs2oaP8
03.As per rule 14(15) of CCS CCA Rules 1965 additional evidence on behalf of disciplinary authority may be included by the P.O. during the inquiry with the permission of I.O. even though it was not listed in the charge sheet.And in such a case the copy of the list to be served to the charged official for rebuttal and the inquiry must be adjourned for three days.
 For this similarity a scene from the Tamil film " Gouravam" video clippings link is given below.
https://youtu.be/JN2dmUf9IEQ
4.The final sum upping the case by P.O and defence asst of their cases on closing the inquiry and order of disciplinary authority .
 
For this similarity a scene from the Tamil film "POURNAMI ALAIGAL" video clippings link is given below.
https://youtu.be/fglYOhTRfuk

Tenkasi .                   with loving greetings
19.12.2018.                   G.Mariappan

DISCIPLINARY PROCEEDINGS (19)-RULE (14) PROCEDURE -4 -INQUIRY REPORT

Dear friends,
    The inquiry report should not contain any recommendations on quantum of punishment. Only contain the findings on the each charges, whether it is proved or not proved .
  The inquiry report should contain the following contents.
1.an introductory paragraph indicating the terms of reference under which the inquiry was held .
2. broad statement of the case under inquiry including the articles of charge and statement of imputations of misconduct or misbehavior.
3. charges which were admitted or dropped or not pressed during the preliminary hearing.
4. the charges that were not admitted and actually inquired into.
5. any points arising out of inspection of listed documents or additional documents asked for by the charged official including brief statement of facts and documents which were admitted.
6. brief statement of the case of the disciplinary authority in respect of the articles of charge actually inquired into and the gist of the evidence produced on behalf of the disciplinary authority .
7. statement of defence of the charged official and the defence evidence adduced during the inquiry ,mention being made whether the charged official examined himself as his own witness.
8. points for determination arising out of the statement of prosecution case and defence case.
9. finding on each article of charge with reasons there for.
   The following records should be accompanied with the inquiry report while for warding the same to disciplinary authority.
1.The report of the inquiry prepared by the inquiry officer with necessary copies.
2. A folder containing the list of exhibits and the documents produced during the inquiry on behalf of disciplinary authority and the charged official.
3. A folder containing the list of witnesses produced on behalf of prosecution and the defence separately along with their depositions arranged in the order in which they were examined during the inquiry.
4. A folder containing written statement of defence ,written briefs filed by both ,if any.
5. A folder containing daily order sheets and applications if any submitted during the inquiry and orders passed there on along with orders of disciplinary authority and the inquiry officer relating to the inquiry.

Tenkasi.                                With greetings
24.11.2018.                           G.Mariappan.

DISCIPLINARY PROCEEDINGS (18)-RULE (14) PROCEDURE (3)-EVIDENCE (2)

Dear friends,
  Evaluation of evidence is a vital job for the inquiring officer. It should be done in a judicial manner even though the Indian evidence act is not applicable to disciplinary proceedings. Personal traits is not acceptable in evaluation of evidence but in practical it plays a role. For example an inquiry officer of having generosity in nature needs higher degree of proof for deciding the charged official as guilty on the other hand an I.O of authoritative nature needs small lapses and lesser degree of proof to find an accused official as guilty.

   The standard of proof needed in a disciplinary proceedings is preponderance of probability unlike proof beyond reasonable doubt needed in criminal proceedings. That is if the probability is more on the side of defence he will be let off. If the probability is more on the side of disciplinary authority the charged official will be found guilty.
   Since absolute proof beyond reasonable doubt is not applicable to disciplinary proceedings the benefit of doubt not given to the accused official.

For benefit of doubt implication pl. see the scene from the famous Tamil film " GAURAVAM" from the link.

https://youtu.be/foXrH28Pkkw



  BURDEN OF PROOF : The burden of proof lies with the disciplinary authority .It is the duty of the disciplinary authority to prove the charge levelled against the govt.employee and the accused official is not required to prove his innocence .

STATUS OF WITNESS : All witnesses are equal. Higher credibility can not be given to the evidence of witness who posses a higher status in the society or in the bureaucratic hierarchy.

Character and behaviour find no place in the disciplinary proceedings ,instead the evidence only decide the case of a charged official .So a prayer or confession made by the charged official on the ground of good faith or the lapses occurred not on malafide
motive will not be considered.

Tenkasi .                        with greetings
20.11.2018.                     G.Mariappan.

DISCIPLINARY PROCEEDINGS (17)- RULE 14 PROCEDURE (2)- EVIDENCE

Dear friends,
     In rule 14 procedure evidence recording is a main and mantadory one. Evidence are two types 1) oral 2) documentary. Further these are categorized as a) material or direct evidence b) circumstantial evidence and c) hearsay evidence.

     Of these three types material evidence is the most vital evidence . for example an eye witness in a case is a material witness and a material documents in case on which the articles of charge are based is a material evidence.

   Circumstantial evidence is a indirect evidence which prove the fact of the case through direct evidence.

Hearsay evidence is a third party evidence generally it had no legal validity since it has no link with the fact of the case. However genuine hearsay evidence may be permitted in the departmental proceedings.
   Evidences are recorded on the day of regular hearing only. First the evidence of disciplinary authority is recorded and after completion of it then the evidence of defence side is recorded.

   CROSS EXAMINATION : This is the most important part in recording of evidence. This examination is done by the opponent side of the witness. The duty of the person who is cross examining the witness is to disprove or break the credibility of witness by asking leading questions. Leading questions should not be asked during examination in chief and re examination of witness.

     There are different types of witnesses.
1) Prosecution witness : Produced on behalf of disciplinary authority.
2) Defence Witness : Produced on behalf of charged official.
3) Hostile Witness : A witness who deposes in a manner so as to adversely affect the case of the calling party. Such witness will be cross examined by the calling party itself.
4) Court witness : The inquiring authority shall call a person as court witness if his name is dropped out by either of the parties  ,i.e disciplinary authority or Charged official, even though his name finds a place in the charge sheet. The court witness is cross examined by both presenting officer and defence assistant.

Tenkasi .                   with greetings,
14.11.2018 .               G.Mariappan.

DISCIPLINARY PROCEEDINGS-16 - RULE 14 PROCEDURE(1)

Dear friends,
      Rule 14 procedure is adapted for awarding major penalties. Major penalties shall be made only after an inquiry is held as far as possible, in accordance with rule 14 and 15. So issue of charge sheet to the delinquent employee is a pre requisite one and subsequently it should be delivered to the delinquent employee .
    If all the efforts to deliver the charge sheet to the charged official is failed then the disciplinary authority should record in writing why he considers it is not reasonably practicable to hold an inquiry.

   If all the charges are admitted by the charged official no inquiry is needed otherwise the disciplinary authority may itself inquire into the charges or appoint an inquiry authority to find out the truth of charges.

    The inquiry officer who is well conversant with procedure and rules is appointed by the disciplinary authority .He should be a unbiased person.

    If the charged official is of the opinion about the integrity of the inquiry officer he should file a biased petition against the inquiry officer at the initial stage of inquiry itself.

    As soon as the disciplinary authority appoint a inquiry officer in order to enable him to hold inquiry ,the disciplinary authority is required to send the following records to inquiry officer as per sub rule 6 of Rule 14.
1. A copy of the articles of charge and the statement of imputations of misconduct or misbehaviour.
2. A copy of the written statement of defence if any submitted by the govt servant .
3. Copies of the statements of listed witnesses, if any referred to in sub rule 3 of rule 14.
4. Evidence proving the delivery of charge sheet ,statement of imputations of misconduct or misbehaviour, list of documents and list of witnesses to the govt.servant and
5.A copy of the order appointing the presenting officer.

    On receipt of appointing order the inquiry officer should send a notice to the charged official and presenting officer fixing a date for preliminary hearing indicating the time and venue. Also the charged official is asked to furnish the name of defence asst. and his designation to appear on his behalf .

    During preliminary hearing charged official will be asked as to whether he pleads guilty to any of the articles of charge mentioned in the charge sheet and whether he has any defence to make.
 If he pleads guilty of all or any of the charges his plea should be got signed by him and the presenting officer. Inquiry officer should record a finding if guilt if all the charges are admitted by the charged official .If not ,inquiry will be proceeded only in respect of not admitted charges.
A daily order sheet is maintained by the I.O. for recording day to day occurrences  .

  If the charged official pleads not guilty or accepts charges conditionally the I.O. will record the following orders that the C.O. may for the purpose of preparing his defence to-
1.  inspect listed documents within five days which can be extended by another five days at the discretion of I.O.
2. submit a list of witnesses to be examined on his behalf with their particulars and relevant to the case.
   Recording of evidence should not be done on the day of preliminary hearing.
After that regular hearing date ,time and venue intimation should be communicated to the C.O., P.O.,and defence assistant with summons to the witnesses to appear before
the I.O.
  On the day of regular hearing the P.O. will first be called upon to produce evidence on behalf of disciplinary authority. The documents is marked as exhibit S-1 and exhibit S-2 etc. After that P.O is called upon to produce his witnesses and they will be named as state witness SW-1,SW-2 etc. The witnesses will be examined in chief by the P.O. and then cross examined by C.O. or by his defence asst. and  re-examined by P.O.
   On closure of prosecution case by the P.O., the I.O. will call upon the C.O. and the same procedure will be followed for the C.O. as done in the case of P.O. The defence documents are marked as exhibit D-1 ,D-2 etc. and defence witnesses are named as DW-1,DW-2 etc. The defence witness will be first examined in chief by defence asst. and then cross examined by P.O. and finally re examined by defence asst.
  Finally the P.O.and the C.O. may be permitted to argue their cases on their behalf and to submit written brief if requested.

                   with loving greetings,
Tenkasi.     
30.10.2018 .             G.Mariappan.

DISCIPLINARY PROCEEDINGS (15)- CHARGE SHEET

Dear friends,

 CHARGE SHEET : It is the first formal documents which contains the articles of charges based on the allegations of misconduct or misbehaviour levelled against the delinquent employee. In the charge sheet the employee is demanded to submit his statement of defence within a specified period.
    Charge sheet issue a mandatory one as per rules. There are two different charge sheets are prescribed in CCS CCA Rules one for Rule 16 and the other one for Rule 14 of minor and major penalties respectively.
    Rule 16 charge sheet should not end with major penalties but Rule 14 charge sheets may end with minor penalties.

   Rule 16 charge sheet contains forwarding memorandum and statement of imputation of misconduct or misbehaviour and asking the employee to submit his defence statement within a specified period failing which ex-parte action may be taken .
     Rule14 charge sheet contains a forwarding memorandum with details of charges and statement of imputation of misconduct or misbehaviour in support of each article of charge and list of documents
by which the articles of charge are proposed to be proved and finally the list of witnesses by whom the articles of charge are proposed to be proved.

       Charge sheet should not be vague and it should contain full particulars of misconduct without any ambiguity and absurdity. The language of the charge sheet should be a one which should be understood by the delinquent official.

   Expression of opinion should be avoided in the charge sheet.
     A separate charge should be framed in respect of each separate allegation with separate statement of imputation of misconduct.
     
        The charge sheet should be delivered to the delinquent employee in person or his acquittance of receiving the charge sheet is a mandatory one.

Tenkasi.                     With greetings
09.10.2018.                  G Mariappan.
  

DISCIPLINARY PROCEEDINGS(14)- DISCIPLINARY AUTHORITIES

Dear friends,
    Who is a disciplinary authority. As per rule 2(g) of CCS CCA Rules 1965 " Disciplinary authority means the authority competent to impose any of the penalties mentioned in rule 11 ".

 So an authority not competent to impose
major penalties is also a disciplinary authority.
  Every appointing authority is a disciplinary authority but every disciplinary authority is not an appointing authority.

     Since disciplinary authority has quasi judicial power that power can not be delegated to its subordinate.

     An officer appointed to perform current duties of a disciplinary authority can exercise only the administrative or financial power of that authority but cannot exercise the statutory powers of the disciplinary authority.
ADHOC DISCIPLINARY AUTHORITY : This authority is appointed by a presidential order where the prescribed appointing or disciplinary authority is unable to function as disciplinary authority in respect of an official on the following grounds.
a) on account of his being personally concerns with the charges  or
b) being a material witness in support of the charges.

authority to institute disciplinary proceedings :
          The following authorities can initiate disciplinary proceedings against a govt. servant.
1) President.
2) Any other authority empowered by the president by general or special order.
 3) Appointing authority of the govt.servant
4) Disciplinary authority.

    As per rule 13(2) of CCS CCA Rules 1965 the authority competent to impose minor penalties can initiate major penalties proceedings against the govt.servant.
    When a disciplinary authority having the power to impose minor penalties initiate the disciplinary proceedings finds that it is a fit case for imposing major penalties it should forward the records of the proceedings ,including the inquiry report to the authority competent to impose major penalties. If the authority having the power to impose major penalties after receiving the report comes to a conclusion the govt.servant deserves for minor penalties then the authority itself can impose the minor penalty without returning the case to the authority who initially initiated the proceedings.
     This is because disciplinary proceedings are quasi judicial in nature and any direction by a superior authority in the matter of imposition of penalty on govt.servant will vitiate the proceedings.

  Also when a Rule 14 proceedings is initiated by a disciplinary authority having the power to impose minor penalties on conclusion that case deserves for minor penalty the authority itself impose the minor penalty without making a reference to the higher disciplinary authority having the power to impose major penalties on that case.

Tenkasi .                    with greetings
05.10.2018 .                  G.Mariappan.

DISCIPLINARY PROCEEDINGS (13)- MAJOR PENALTIES (1)

Dear friends,
Major Penalties :
Rule 11(V) deals with Reduction to a lower stage of pay. This is the first of the major penalties that can be imposed on a Govt. Servant. The period of reduction to a lower stage should not be indefinite. Further the Disciplinary authority should mention whether during the period of reduction whether the Govt.servant will be entitled to draw increments or not and the period will or will not have the effects of postponing future increments.
     The pay of the govt.servant may affect according to the wordings in the punishment order. The financial implications on punishment order is also posted in this post .
  During the penalty period the seniority will not be affected.
 (VI) REDUCTION IN RANK : Reduction to a lower time scale of pay,grade,post or service which shall ordinarily be a bar to the promotion of the govt servant to the time scale of pay ,grade,post or service from which he was reduced with or without further directions regarding conditions of restoration to the grade or post or service from which he was reduced and his seniority and pay on such restoration to that grade ,post or service.
   This penalty is not same as the penalty of reduction to a lower stage of pay. This penalty affects the "RANK" of the govt servant. This penalty is mentioned in Article 311 of the constitution.
     In this penalty the following items should be indicated.
(a) the date from which it will take effect and in cases where the reduction is proposed to be imposed for a specified period, the period ( in terms of years and months) for which the penalty shall be operative.
 (b) the extent ,if any, to which the period referred to at (a) above shall operate to postpone future increments on restoration after the specified period. The period specified in this sub clause shall in no case exceed the period specified under sub clause (a) above.

    A person appointed to a higher post on initial appointment can not be reduced by way of punishment to a lower post which he never held before.
     For e-g A directly recruited postal assistant should not be reduced to the post of postman by way of penalty.
       The seniority of the govt servant on reduction in rank is that he will rank senior most in the lower grade or post.
 

    Financial implications on penalties imposed as per 7 CPC .

C.Reduction to a lower stage in the time-scale of pay for a specified period {Rule 11(v)}

The process of imposition of penalty of reduction by one stage under Rule 11(iii a) explained above shall be repeated for every additional stage of reduction to the lower vertical cell in the same level of pay in the Pay Matrix.

Note 1: It is not permissible to impose a penalty under this rule if the pay after imposition of the penalty would fall below the first cell of the same Level.

D. Reduction to lower time-scale of pay under Rule 11(vi)

In the case of imposition of penalty of reduction to lower time-scale of pay, the pay of the Government servant would be reduced to the stage of pay he/she would have drawn had he/she continued in the lower post for the period of penalty. The mode of fixation of pay in this case is similar to reversing the mode of fixation of pay on promotion.

However, Disciplinary Authority has the power, in terms of FR 28, to indicate the pay which the Government servant on whom a penalty of reduction in rank has been imposed, would draw.

It may also be noted that a Government servant cannot be reduced in rank to a post not held earlier by him in the cadre.

For example,

(I)      A direct recruit Assistant Section Officer cannot be reduced to the lower rank like UDC/ LDC.

(ii)   A Government servant holding any post like LDC/ Tax Assistant etc. who qualifies as Assistant Section Officer as a Direct Recruit and is later promoted as Section Officer cannot be reduced to the rank, which was earlier held by him before ASO (DR) but only to that of an Assistant Section Officer.

5. Some illustrations on pay fixation on the above cases are annexed.

(……………..)
Under Secretary to the Govt. of India

To

All Ministries/ Departments (as per standard list)]

---

Annexure-I

ILLUSTRATIONS

Reduction to lower stage in the time-scale of PayExample

	Level	Cell	Pay
On      the     date     of Penalty	9	7	Rs. 63300
Reduction by 1 Stage	9	6	Rs. 61500
Reduction by 2 Stage	9	5	Rs. 59700
Reduction by 3 stage	9	4	Rs. 58000
Reduction by 4 stage	9	3	Rs. 56300
Reduction by 5 stage	9	2	Rs. 54700

Example: 2

	Level	Cell	Pay
On      the     date     of Penalty	9	3	Rs. 56300
Reduction by 1 Stage	9	2	Rs. 54700
Reduction by 2 Stage	9	1	Rs. 53100
Reduction by 3 stage	**	**
Reduction by 4 stage
Reduction by 5 stage

** In the above illustration, a penalty of reduction by more than two stages would fall below the first cell of the same Level, such a penalty therefore, would not be implementable. Therefore, while imposing the penalty of reduction to a lower stage in time-scale of pay under Rule 11 (v) of the CCS (CCA) Rules, 1965, Disciplinary Authority may weigh all factors before deciding upon the quantum of penalty, i.e. the number of stages by which the pay is to be reduced.

Annexure-II

(i)      Case 1: Reduction to a lower stage [penalty under Rule 11 (iii a)]

The penalty of reduction to a lower stage in the time-scale of pay by one stage for a period of one year, without cumulative effect and not adversely affecting his pension is imposed on a Government servant w.e.f. 13.08.2017. The Government servant is drawing Rs. 50500 in Level 7 of Pay Matrix. Pay would be fixed on following manner:

	When the date of increment is 1stJanuary	When the date of Increment is 1st July
Pay          when Penalty imposed	Rs. 50500 [5th Cell of Level 7]	Rs. 50500 [5th Cell of Level 7]
Reduced     Pay w.e.f. 13.08.2017	Rs. 49000 [4th Cell of Level 7]	Rs. 49000 [4th Cell of Level 7]
Increment(notional)	On 1stJanuary, 2018 Rs. 52000 [6th Cell of Level 7]	On 1st July, 2018 Rs. 52000 [6th Cell of Level 7]
Increment (Actual)	On 1stJanuary, 2018 Rs. 50500 [5th Cell of Level 7]	On 1st July, 2018 Rs. 50500 [5th Cell of Level 7]
Pay          w.e.f. 13.08.2018	Rs. 52000 [6th Cell of Level 7]	Rs. 52000 [6th Cell of Level 7]

(ii)      Case 2: Reduction to a lower stage [penalty under Rule 11 (iii a)]

The penalty of reduction to a lower stage in the time-scale of pay by one stage for a period of two years, without cumulative effect and not adversely affecting his pension is imposed on a Government servant w.e.f. 13.08.2017. The Government servant is drawing Rs. 50500 in Level 7 of Pay Matrix. Pay would be fixed on following manner:

	When the date of increment is 1stJanuary	When the date of Increment is 1st July
Pay          when Penalty imposed	Rs. 50500 [5th Cell of Level 7]	Rs. 50500 [5th Cell of Level 7]
Reduced     Pay w.e.f. 13.08.2017	Rs. 49000 [4th Cell of Level 7]	Rs. 49000 [4th Cell of Level 7]
Increment (notional)	On 1stJanuary, 2018 Rs. 52000 [6th Cell of Level 7]	On 1st July, 2018 Rs. 52000 [6th Cell of Level 7]
	On 1stJanuary, 2019 Rs. 53600 [7th Cell of Level 7]	On 1st July, 2019 Rs. 53600 [7th Cell of Level 7]
Increment (Actual)	On 1stJanuary, 2018 Rs. 50500 [5th Cell of Level 7]	On 1st July, 2018 Rs. 50500 [5th Cell of Level 7]
	On 1stJanuary, 2019 Rs. 52000 [6th Cell of Level 7]	On 1st July, 2019 Rs. 52000 [6th Cell of Level 7]
Pay         w.e.f. 13.08.2019	Rs. 53600 [7th Cell of Level 7]	Rs. 53600 [7th Cell of Level 7]

(iii) Case 3: Withholding of increment [Penalty under Rule 11(iv)

The penalty of withholding of one increment for a period of two years is imposed on a Government servant on 13.08.2017. The Government servant is drawing Rs. 50500 in Level 7 of Pay Matrix. Pay would be fixed on the following manner.

	When the date of increment is1st January	When the date of Increment is 1st July
Pay          when Penalty imposed       i.e. 13.08.2017	Rs. 50500 [5thCell of Level 7]	Rs. 50500 [5thCell of Level 7]
Pay during the currency period	The     increment     due      on 01.01.2018 willbe withheld fortwo years i.e. upto 31.12.2019. As     such,    the    pay   w.e.f. 13.08.2017 will be as under: (i)     Pay      w.e.f.    13.08.2017 to 31.12.2017will    be    Rs. 50500 [5thCell of Level 7] (ii)    Pay          w.e.f.                     1.01.2018 to 31.12.2018 will Rs. 50500 [5thCell of Level 7] [clue toimposition of penalty] (iii)   Pay      w.e.f.    1.01.2019   to 31.12.2019will    be    Rs. 52000 [6thCell of Level 7]	The increment due on 01.07.2018 will be withheld for two years i.e.upto 30.06.2020. As such, the pay w.e.f. 13.08.2017 will be as under: (i)                   Pay        w.e.f.  13.08.2017  to30.06.2017 will be Rs. 50500 [5thCell of Level 7] (ii)                  Pay     w.e.f.  1.07.2018    to30.06.2019 will be Rs. 50500 [5thCell of Level 7][due toimposition of penalty] (iii)                 Pay    w.e.f.  1.07.2019    to30.06.2020 will be Rs. 52000 [6thCell of Level 7]
Increment(notional)	On 1st January, 2018 Rs. 52000 [6thCell of Level 7] On 1St January, 2019 Rs. 53600 [7thCell of Level 8]	On 1st July, 2018 Rs. 52000 [6thCell of Level 7] On 1st July, 2019 Rs. 53600 [7thCell of Level 8]
Pay    after   the currency period	w.e.f 1.01.2020 = Rs. 55200 [8thCell of Level 7]	w.e.f 1.07.2020 = Rs. 55200 [8thCell of Level 7]
Currency Period	13.08.2017 to 31.12.2019	13.08.2017 to 30.06.2020

(iv)    Case 4: Withholding of increment [Penalty under 11(iv)]

The penalty of Withholding of one increment for a period of six months is imposed on a Government servant on 13.08.2017. The Government servant is drawing Rs. 50500 in Level 7 of Pay Matrix. Pay would be fixed on following manner.

 manner

	When the date of increment is 1stJanuary	When the date of Increment is 1st July
Pay      as      on 13.8.2017 whenPenalty imposed	Rs. 50500 [5thCell of Level 7]	Rs. 50500 [5th Cell of Level 7]
Pay during   the currency period	The     increment      due      on 01.01.2018 will be withheld i.e.upto 30.06.2018. As     such,    the    pay  w.e.f. 13.08.2017 to 30.06.2018 = Rs. 50500 [5th Cell of Level 7]	The increment due on 01.07.2018will be withheld i.e. upto31.12.2018. As such, the pay w.e.f. 13.08.2017to 31.12.2018 = Rs. 50500 [5th Cell of Level 7]
Increment (notional)	On 1stJanuary, 2018 Rs. 52000 [6th Cell of Level 7]	On 1st July, 2018 Rs. 52000 [6th Cell of Level 7]
Pay    after   the currency period	w.e.f 1.07.2018 = Rs. 52000 [6thCell of Level 7] [He will be entitled for his normalincrement w.e.f. 01.01.2019]	w.e.f 1.1.2019 = Rs. 52000 [6th Cell of Level 7] [He will be entitled for his normalincrement 01.07.2019)
CurrencyPeriod	13.08.2017 to 30.06 2018	13.08.2017 to 31.12.2018

(v)    Case 5: Reduction to a lower stage without cumulative effect [penalty under Rule 11(v)]:-

The penalty of reduction to a lower stage by two stages in the time-scale of pay for a period of one year is imposed on a Government servant w.e.f. 13.08.2017. It is further directed that the Government servant would earn increment during the period and the reduction will not have the effect of postponing his future increments of pay. The Government servant is drawing Rs. 50500 in Level 7 of Pay Matrix. Pay would be fixed on following manner:

	When the date of increment is 1stJanuary	When the date of Increment is 1st July
Pay          when Penalty imposed	Rs. 50500 [5th Cell of Level 7]	Rs. 50500 [5th Cell of Level 7]
Reduced     Pay w.e.f. 13.08.2017	Rs. 47600 [3rd Cell of Level 7]	Rs. 47600[3rd Cell of Level 7]
Increment(notional)	On 1StJanuary, 2018 Rs. 52000 [6th Cell of Level 7]	On 1st July, 2018 Rs. 52000 [6th Cell of Level 7]
Increment(Actual)	On 1stJanuary, 2018 Rs. 49000 [4th Cell of Level 7] [Pay    during the   period from 1.01.2018 to 12.08.2018]	On 1st July, 2018 Rs 49000 [4th Cell of Level 7] [Pay   during  the    period from 01.07.2018 to 12.08.2018]
Pay         w.e.f. 13.08.2018	Rs. 52000 [6th Cell of Level 7]	Rs. 52000 [6th Cell of Level 7]

(vi)    Case 6: Reduction to a lower stage without cumulative effect [penalty under Rule 11(v)]

The penalty of reduction to a lower stage by two stages in the time-scale of pay for a period  of one year is imposed on a Government servant w.e.f. 13.08.2017. It is further directed that the Government servant would not earn increment during the period and the reduction will not have the effect of postponing future increments of pay. The Government servant is drawing Rs. 50500 in Level 7 of Pay Matrix. Pay would be fixed on following manner:

	When the date of increment is 1stJanuary	When the date of Increment is 1st July
Pay          when Penalty imposed	Rs. 50500 [5thCell of Level 7]	Rs. 50500 [5th Cell of Level 7]
Reduced     Pay w.e.f. 13.08.2017	Rs. 47600 [3thCell of Level 7]	Rs. 47600 [3th Cell of Level 7]
Pay during the currency period	Pay    w.e.f.       13.08.2017   to 12.08.2018 will be Rs. 47600 [3rdCell of Level 7]	Pay     w.e.f.         13.08.2017    to 12.08.2018 will be Rs. 47600 [3rdCell of Level 7]
Increment(notional)	No   increment       during   the period of penalty	No increment during the period of penalty
Pay          w.e.f. 13.08.2018	Rs. 52000 [6thCell of Level 7] @ Rs. 53600 [7th Cell of Level 7](w.e.f. 1.01.2019)	Rs. 50500 [5th Cell of Level 7] Rs.        52000   [6th        Cell   of      Level   7] (w.e.f. 1.07.2019)

@ One increment would be allowed on the pre-penalty pay as the Government servant completed more than six months in the existing level as on date of penalty 13.08.2017.

(vii) Case 7: Reduction to a lower stage with cumulative effect [penalty under Rule 11(v)]

The penalty of reduction to a lower stage by two stages in the time-scale of pay for a period of one year is imposed on a Government servant w.e.f. 13.08.2017. It is further directed that the Government servant would not earn increment during the period and the reduction will have the effect of postponing future increments of pay. The Government servant is drawing Rs. 50500 in Level 7 of Pay Matrix. Pay would be fixed on following manner:

	When the date of increment is 1stJanuary	When the date of Increment is 1st July
Pay          when Penalty imposed	Rs. 50500 [5thCell of Level 7]	Rs. 50500 [5th Cell of Level 7]
Reduced     Pay w.e.f. 13.08.2017	Rs. 47600 [3thCell of Level 7]	Rs. 47600 [3th Cell of Level 7]
Pay during the currency period	Pay    w.e.f.       13.08.2017   to 12.08.2018 will be Rs. 47600 [3rdCell of Level 7]	Pay     w.e.f.         13.08.2017    to 12.08.2018 will be Rs. 47600 [3rdCell of Level 7]
Increment(notional)	No   increment       during   the period of penalty	No increment during the period of penalty
Pay          w.e.f. 13.08.2018	Rs. 49000 [4thCell of Level 7] © Next increment will be due w.e.f.01.01.2019 raising his pay to Rs. 50500 (5thCell of Level 7]	Rs. 47600 [3rd Cell of Level 7] Next increment will be due w.e.f.01.07.2019 raising his pay to Rs.49000 (4thCell of Level 7)

One increment would be allowed on the pre-penalty pay as the Government servant completed more than six months in the existing level as on date of penalty 13.08.2017.

viii) Case 8: Reduction to lower time-scale of pay/ grade

The penalty of reduction to the lower grade carrying Level 8 for a period of two years is imposed on Government servant who is at Level 9 w.e.f. 04.11.2018, with further directions that the reduction shall not postpone his future increments and on the expiry of the period he shall regain his original seniority in the higher grade.

On 4.11.2018, the Government servant is drawing Rs. 58000 in Level 9 of Pay Matrix. The Government servant was promoted from the post in Level 8 to the post in Level 9 of the Pay Matrix on 13.08.2016 and on promotion his pay was fixed at Rs. 54700/-. At the time of promotion, his pay was Rs. 52000 in Level 8 of the Pay Matrix.

In this case the pay in Level 8 would need to be fixed w.e.f. 4.11.2018 to 3.11.2020 as if he had continued in Level 8. [In such cases, the details of pay in the lower time-scale of pay/ grade are taken from the service book of the officer at the time of his promotion.]. Pay on penalty would be regulated as under:

NOTE:

1.@ Notional pay in Level 8 from 13.08.2016 to 3.11.2018.

2.Under FR-28, the authority which orders the reduction of a Government servant as a penalty from a higher grade or post to a lower grade or post may allow him to draw pay at any stage, not exceeding the maximum of the lower grade or post, which it may think proper. Provided the pay allowed to be drawn by a government servant shall not exceed the pay which he would have drawn by the operation of FR 22 read with clause (b) or (c), as the case may be of FR 26. This illustration is where no such orders have been passed. Where the disciplinary authority has specified the pay to be drawn in the lower post pay will be drawn as per those directions.

(ix)    Case 9: Reduction to lower time-scale of pay/ grade

The penalty of reduction to the lower grade/post carrying at Level 11 for a period of three years is imposed on Government servant in Level 12 w.e.f. 6.03.2017, with further directions that the reduction shall postpone his future increments and on the expiry of the period he shall regain his original seniority in the higher grade.

On 6.03.2017, the Government servant is drawing Rs. 112400 in Level 12 of Pay Matrix. The Government servant had been promoted to the post in the Grade Pay Rs. 7600 on 1.02.2013. At that time his pay was Rs. 29420+ GP 6600 in Pay Band 3.

In this case the pay in GP 6600 would need to be fixed w.e.f. 1.02.2013 to 6.03.2017 as if he had continued in GP 6600. Pay would be regulated as under:

NOTE:

1. @Notional pay in GP 6600/ Level 11 from 1.02.2013 to 6.3.2017.
2. $$ One increment would be allowed on the Pre Penalty pay as the Government servant would have drawn that pay for more than six months as on 6-3VIII)7. 

   VII) COMPULSORY RETIREMENT : This type of punishment is awarded to a  govt servant to let him made eligible for pension on the basis of his qualifying service. However a govt servant is ordered to go on compulsory retirement under FR(56)J by the competent authority is not a penalty.

 VIII) Removal from service : This type of punishment is awarded to a govt servant which shall not be a disqualification for future employment under the government.

IX) Dismissal : This type of punishment is awarded to a govt servant which shall be a disqualification for future employment under the government.

Tenkasi                      with greetings
02.10.2018 .                G.Mariappan.