Procedure in Disciplinary cases - Withholding of increments.

GOVERNMENT OF MYSORE
No.GAD 25 SSR 68 Mysore Government Secretariat,
Vidhana Soudha,
Bangalore, dated the 26th June 1968.
OFFICIAL MEMORANDUM
Sub:- Procedure in Disciplinary cases - Withholding of increments.

In Para 3 of Circular No.GAD (S-1) 35 SSR 58 dated 8th January 1959 the Government have pointed out that reduction in pay or postponement of the increment with retrospective effect, except where the pay is held up at an efficiency bar, is a major penalty which attracts the provisions of Article 311 (2) of the Constitution. It would follow that if the procedure prescribed under the Mysore Civil Services (Classification, Control & Appeal) Rules, 1957 for the imposition of a major penalty is not followed, the enquiry proceedings would become vitiated and the penalty would become illegal.
Inspite of these clear instructions, it has come to the notice of the Government that increments, which had accrued due but were not actually granted and paid to the concerned Government servant, are being ordered to be withheld under Rule 12 of the C.C.A. Rules as a measure of penalty. On a Write Petition filed by the aggrieved Government servant against the said punishment, the High Court of Mysore has held that such a punishment is a major punishment as it would amount to reduction in pay and consequently, a reduction in rank, and that the procedure laid down in Rule 11 of the C.C.A. Rules Should have been followed.
The attention of all the Disciplinary and Appellate authorities under the C.C.A. Rules is once again invited to the legal position that an increment which had already accrued due, can be stopped/withheld only in case where an enquiry under Rule 11 of the C.C.A. Rules has been held.
sd/-
W.A.Smith,
Under Secretary to Government,
General Administration Department,
(Service Rules).