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

GOVERNMENT OF KARNATAKA
No.GAD 12 SSR 74 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 2nd May 1974.
OFFICIAL MEMORANDUM
Sub:- Withholding of increment(s) with cumulative effect - procedure to be followed in imposing the penalty of -
Ref:- i) Offical Memorandum No. GAD 18 SSR 73, dated 2.11.1973
ii) Government Notification No. GAD 28 SSR 69 dated 12.12.1973.

Instructions were issued in Official Memorandum No. GAD 18 SSR 73, dated 2.11.1973 read at (i) above to all the Appointing Authorities and other Disciplinary Authorities to follow the procedure under rule 11 of the Classification Control and Appeal Rules while imposing the penalty of with holding increment(s) with cumulative effect on Government servants as in certain Writ Petitions it was held by the High Court that withholding of increment(s) had the effect of reducing a Government servant to a lower stage in a time scale of pay and it was then a major penalty.
Rule 8 of the Karnataka Civil Services (Classification, Control and Appeal) Rules has now been amended in Government Notification No. GAD 28 SSR 69, dated 12.12.1973 and the penalty of reduction to a lower stage in the time scale constitues a minor penalty. Therefore, while imposing the above penalty or the penalty of withholding of increments with cumulative effect, the procedure under rule 12 only has to be followed and it is not necessary to follow the procedure under rule 11 of the C.C.A. Rules. The Official Memorandum No. GAD 18 SSR 73, dated 2.11.1973 may therefore be treated as with drawn with effect from 24.1.1974 on which date the amendments were published in the Gazette.
sd/-
Syed Karimullah Khadri,
Under Secretary to Government,
General Administration Department
(Service Rules).