Bar for promotions during the period of penalty.

GOVERNMENT OF MYSORE
No.GAD 42 SSR 69 Mysore Government Secretariat,
General Administration Department,
Vidhana Soudha,
Bangalore, Dated 25th August 1969.
OFFICIAL MEMORANDUM
Sub:- Bar for promotions during the period of penalty.

A case has come to the notice of Government in which the penalty of withholding increments for a period of 2 years was imposed on an officer and the officer became due for promotion to the higher post during the period. The question whether the officer should or should not be promoted during the period for which his increments were withheld had thereforce to be decided having regard to the nature of misconduct for which the penalty was imposed.
2. Under the Classification, Control and Appeal Rules, withholding of increments and withholding of promotions are distinct penalties and it is necessary for the Disciplinary Authority at the time of imposing the penalty to make its intention clear in the order. A similar question may arise in a case where an officer is reduced to a lower stage of pay in the same time scale of pay for a specified period. In all such cases where penalties of withholding of increments or reduction to a lower stage of pay in a time scale of pay are imposed, the Disciplinary Authorities imposing such penalties should invariable consider the nature of misconduct for which the penalty is being imposed and clarify in the order itself whether during the period for which the increment is withheld or the officer is reduced to a lower stage of pay, is to be considered as an eligible for promotion. If having regard to the nature of the misconduct, the Disciplinary Authority considers that the officer should not be eligible for promotion, the penalty of withholding of promotion for such period should also be imposed in the order itself.
Syed Basheer Ahmed,
Dy. Secretary to Government,
General Administration Department,
(Services).