Withholding of increment(s) with cumulative effect - procedure to be followed in imposing the penalty of -

GOVERNMENT OF KARNATAKA
No.GAD 18 SSR 73 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 2nd November 1973.
OFFICIAL MEMORANDUM
Sub:- Withholding of increment(s) with cumulative effect - procedure to be followed in imposing the penalty of -

The penalty of withholding increment(s) mentioned in clause (iv) of rule 8 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, is required to be imposed after following the procedure laid down under rule 12. The Mysore (now Karnataka) High Court in Writ Petition No. 241 of 1969 (C.Veerachowdaiah Vs. State of Mysore and No. 1966 of 1968 (G.A.Appaiah Vs. State of Mysore) has held that the penalty of with-holding increments with cumulative effect or affect in the future increments amounts to reduction to a lower stage and is, therefore a major penalty. In
view of this decision of the High Court and pending decision on the appeal to the Supreme Court, all the Appointing Authorities and other Disciplinary Authorities competent to impose the above penalty under the Karnataka Civil Services (Classification, Control and Appeal) Rules, should follow the procedure prescribed under rule 11 while imposing this penalty.
2. The Secretaries to Government and Heads of Departments are requested to bring these instructions to the notice of all the appointing authorities/disciplinary authorities working under their control.
N.P.Joshi,
Deputy Secretary to Government,
General Administration Department
(Service Rules).