Determination of date of increment after expiry of duration of penalties of withholding of increments/ reduction to lower stage imposed for less than a year: Clarification by Railway Board

Determination of date of increment after expiry of duration of penalties of withholding of increments/ reduction to lower stage imposed for less than a year regarding – Railway Board clarification in cunsultation with DoPT:-

RBE No. 9/2014

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

New Delhi, 15/01/2014

Ministry of Railways have received a few references regarding certain penalties of rule 6 of Railway Servants (Discipline And Appeal) Rules, 1968 which are having pay element imposed for less than a year. In one case, the penalty of withholding of increments was imposed on 24.3.2008 for a period of six months with cumulative effect and in the other case the penalty of reduction to lower stage was imposed on 9.2.2009 for a period of six months with non-cumulative effect.

2. The question of date of release of increment in the above cases on expiry of the penalty, in the context of fixing of 1st July as the date of increment uniformally for all Government servants following VIth CPC, has been examined in consultation with the Department of Personnel & Training. It is advised that fixing of 1st July as the date of increment for all Government servants under the Revised Pay Rules following the acceptance of the recommendation of the IVth CPC, is relevant, only in respect of Annual increment. This provision is not applicable where the increment is withheld as a measure of penalty. In cases where the increment is withheld as a penalty for a specified period restoration of the withheld increment would be at the end of the currency of the penalty and not postponed to the next 1st July. The person concerned may even be entitled to the next increment on the 1st July following the expiry of the currency of the penalty, (notwithstanding the fact that the penalty imposed on him was having postponing effect on his future increments), if he has net qualifying service of six months prior to the relevant 1st July.

3.  Likewise, where the penalty of reduction to lower stage was imposed, the pay will be restored immediately on expiry of the currency of the penalty. In so far as release of next increment is concerned, the same may also be allowed immediately on restoration if the person concerned has rendered net qualifying service of six month on the 1st July preceding the date of the expiry of the currency of the penalty.

Please. acknowledge receipt,

sd/-

(Harish Chander)

Dy. Director Est. (D&A)