Tuesday, July 12, 2011

Rule 59 of the Karnataka Civil Services Rules - Clarification regarding.

GOVERNMENT OF KARNATAKA
No.FD 213 SRS 71 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 20th October 1975.

OFFICIAL MEMORANDUM

Sub:- Rule 59 of the Karnataka Civil Services Rules - Clarification regarding.

In Government Order No. FD 92 SRS 60, dated 1.12.1960 orders have been issued directing the competent authority imposing on a Government servant the penlaty of reduction to a lower stage in a time-scale, to indicate in every order imposing such a penalty.
i) the date from which the order should take effect and the period (in terms of years and months), for which the penalty shall be operative;
ii) the stage in the time-scale (in terms of rupees) to which the Government servant is reduced; and
iii) the extent (in terms of years and months), if any to which the period referred to at (i) above should operate to postpone future increments. It is also clarified therein that reduction to a lower stage in a time-scale is not permissible under the rules for an unspecified period or on permanent basis and when a Government servant is reduced to a particular stage his pay will remain constant at that stage for the entire period of reduction.
In many cases it is seen that the orders passed by the competent authorities reducing the Government servant to a lower stage in a time-scale do not actually specify the exact stage in terms of rupees on account of which doubts have been expressed as to whether increments that fall due during the period of reduction to the lower stage in a time-scale are to be sanctioned as and when they fall due during that period. It is also argued that in the absence of specific mention in the order of penalty, of with-holding increments during the period of penalty the increments that fall due during that period cannot be with-held as the penalties of reduction to a lower stage in a time-scale and withholding of increment are two different punishments.
On consultation, the Government of India, Ministry of Finance, intimated that during the entire period of penalty the Government servant has to draw the pay at the stage to which he has been reduced without earning any increments. In view of this and of the clarification issued in second para of clause (a) in O.M. No. FD 92 SRS 60, dated 1.12.1960 cited above, that when a Government servant is reduced to a particular stage his pay will remain constant at that stage for the entire period of reduction, it is further clarified that no increments should be granted during the enitre period of penalty of reduction to a lower stage in a time-scale and he should draw pay at the stage of which he has so been reduced during that entire period of penalty.
With a view to achieve this object it is further directed that the competent authority should ensure that every order imposing on a Government servant the penalty of reduction to a lower stage in a time-scale invariably specifies that stage in terms of rupees to which the Government servant is reduced, as in the following form.
"The .................... has decided that Shri ................... should be reduced to the pay of Rs ............... for a period of ........................ with effect from ....................."

sd/-
M.A.Srinivasan,
Under Secretary to Government,
Finance Department (Services-I).

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