No. DPAR 24 SSR 78, dated 14th July 1978
Sub:- Imposition of penalty of withholding of increments and reduction to lower stages in time scale of pay or to a lower post etc.- Instructions reg.
Sub:- Imposition of penalty of withholding of increments and reduction to lower stages in time scale of pay or to a lower post etc.- Instructions reg.
Withholding of increments is one of the penalties specified under clause (iii) of Rule 8 of the Karnataka Civil Services (Classification, Control and Appeal) Rules 1957. While imposing this penalty on a Government servant the competent Disciplinary Authority has to specify in its order the period for which the increment is withheld or postponed and whether such postponement would have the effect of postponing further increments as indicated in Rule 51 of Karnataka Civil Services Rules.
2. It is noticed that in some cases the disciplinary authorities have imposed this penalty without any such directions as referred to above and without even verifying what their pay and pay scales were at the time of imposing the penalty and whether any increments were due to accrue to them after the date of the order imposing the penalty. Other factors such as whether the Government servants were in the rune for promotion before the next increments became due or whether they were due to retire shortly were also not verified before passing the orders.
3. Omission to verify these relevant factors has lead to passing of instructions orders in some cases. Orders of the competent Disciplinary Authorities in such cases had to be reviewed in appeal or review.
4. All this could have been avoided if the concerned authorities had taken into consideration various factors referred to above before issuing orders imposing penalties. It is therefore hereby impressed on all the Appointing Authorities / Disciplinary Authorities that before passing orders imposing the penalty of withholding increments or the penalty of reduction to a lower stage in the pay scale or the lower post / service, they should invariably verify:-
(a) the pay of the delinquent Government servant,
(b) the pay scale of the post held by him
(c) whether the Government servant would earn any increments after imposition of the penalty
(d) whether he is in the run for promotion, before any increment accrues to him in existing scale after imposing of the said penalty, and
(e) whether he is due to retire before the proposed penalty is fully implemented.
and then pass appropriate orders having due regard to the provisions of clauses (iii), (iva) and (v) of rule 8 of Classification, Control and Appeal Rules as the case may be, rule 59 of Karnataka Civil services Rules and instructions issued by Finance Department in its O.M. No. FD 92 SRS 60, dated 1st December 1960 and O.M. No. FD 213 SRS 71, dated 20th October 1975 so that the order can be implemented fully and effectively.
5. Secretaries to Government and Heads of Departments are requested to bring these instructions to the notice of all the Appointing Authorities and other Disciplinary Authorities under their control for guidance.
2. It is noticed that in some cases the disciplinary authorities have imposed this penalty without any such directions as referred to above and without even verifying what their pay and pay scales were at the time of imposing the penalty and whether any increments were due to accrue to them after the date of the order imposing the penalty. Other factors such as whether the Government servants were in the rune for promotion before the next increments became due or whether they were due to retire shortly were also not verified before passing the orders.
3. Omission to verify these relevant factors has lead to passing of instructions orders in some cases. Orders of the competent Disciplinary Authorities in such cases had to be reviewed in appeal or review.
4. All this could have been avoided if the concerned authorities had taken into consideration various factors referred to above before issuing orders imposing penalties. It is therefore hereby impressed on all the Appointing Authorities / Disciplinary Authorities that before passing orders imposing the penalty of withholding increments or the penalty of reduction to a lower stage in the pay scale or the lower post / service, they should invariably verify:-
(a) the pay of the delinquent Government servant,
(b) the pay scale of the post held by him
(c) whether the Government servant would earn any increments after imposition of the penalty
(d) whether he is in the run for promotion, before any increment accrues to him in existing scale after imposing of the said penalty, and
(e) whether he is due to retire before the proposed penalty is fully implemented.
and then pass appropriate orders having due regard to the provisions of clauses (iii), (iva) and (v) of rule 8 of Classification, Control and Appeal Rules as the case may be, rule 59 of Karnataka Civil services Rules and instructions issued by Finance Department in its O.M. No. FD 92 SRS 60, dated 1st December 1960 and O.M. No. FD 213 SRS 71, dated 20th October 1975 so that the order can be implemented fully and effectively.
5. Secretaries to Government and Heads of Departments are requested to bring these instructions to the notice of all the Appointing Authorities and other Disciplinary Authorities under their control for guidance.
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