Regulation of pay on imposition of penalty under CCS (CCA) Rules, 1965 – DoPT OM dated 18.06.2019

Regulation of pay on imposition of penalty under CCS (CCA) Rules, 1965 – DoPT OM dated 18.06.2019



No: 11012/15/2016-EsttA-III

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi — 110001
Dated June 18, 2019


OFFICE MEMORANDUM


Subject: Regulation of pay on imposition of a penalty under CCS (CCA) Rules,
1965.


The Undersigned is directed to say that the following penalties prescribed in
the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:


11. Penalties


Minor Penalties —

(iii)(a) reduction to a lower stage in the time-scale of pay by one stage for a
period not exceeding three years, without cumulative effect and not
adversely affecting his pension.

(iv) withholding of increments of pay;


Major Penalties —

(v) save as provided for in clause (iii) (a), reduction to a lower stage in the
time-scale of pay for a specified period, with further directions as to
whether or not the Government servant will earn increments of pay
during the period of such reduction and whether on the expiry of such
period, the reduction will or will not have the effect of postponing the
future increments of his pay

(vi) reduction to lower time-scale of pay, grade, post or Service for a
period to be specified in the order of penalty, which shall be a bar to
the promotion of the Government servant during such specified period
to the time—scale of pay, grade, post or Service from which he was
reduced, with direction as to whether or not, on promotion on the
expiry of the said specified period —
  1. the period of reduction to time—scale of pay, grade, post or
    service shall operate to postpone future increments of his pay,
    and if so, to what extent; and
  2. the Government servant shall regain his original seniority in the
    higher time scale of pay , grade, post or service;
2. Vide Central Civil Services (Revised Pay) Rules, 2016 notified vide notification
No. GSR 721(E) dated 2507,2016, the present system of Pay Bands and Grade
Pays have been dispensed with end a new system of pay matrix as specified under
Part A of Schedule of Central Civil Service (Revised Pay) Rules, 2016 have been
introduced. The status of the employee so far determined by Grade Pay, will now be
determined by Level in the Pay Matrix. Further, as per Rule 10 (1) of the
CCS (Revised Pay) Rules, 2016, there are two dates for grant of increment
namely, 1st
January and 1St July of every year, instead of the existing date of 1St July.

3. As per clause 3 of the Central Civil Services (Revised Pay) Rules, 2016 ‘Level’
is defined as under:

‘Level’ in the Pay Matrix shall mean the Level corresponding to the existing Pay
Band and Grade pay or Scale specified in Part A of the Schedule.”

4. in the light of Implementation of the Revised (Pay) Rules, 2016, the regulation
of pay on imposition of these penalties, is discussed in the subsequent paras:


A. Reduction to a lower stage of pay by one stage {Rule 11( iii a)}

On imposition of a penalty under this Rule,
the pay would be fixed at the
next upper vertical cell in the same level in the pay matrix. In other words, in case
of reduction by one stage, the revised pay would be the pay drawn in the same
level at the stage before the last increment.
Note: The above mentioned penalty cannot be imposed on a Government
Servant drawing pay at the minimum of the Level.


B. Withholding of increment {Rule 11(iv)}

As already noted in para 2 above, increment is granted either on 1st
January or 1St July of every year, as per the eligibility. Therefore, on imposition of
penalty of withholding of increment, the next increment(s) due after the date of
imposition of the penalty would be withheld. In case where penalty of withholding
of multiple increments is imposed, increments due on 1st January or 1St July, as
the case may be, in the subsequent years would similarly be withheld. The
increment would be restored at the end of the period for which the penalty is
imposed. The increments will be given on notional basis without arrears and
without affecting date of next increment on restoration of increment.

This also applies to cases where the penalty is imposed for part of a year.
For instance, if the penalty of withholding of one increment for six months is
imposed on a Government servant in October 2017, then withholding of
increment will be on following manner:

Read also :  Form-II: Transaction of movable property - Intimation or Seeking previous sanction under CCS (Cunduct) Rules, 1964
When the date of increment is 1st January When the date of increment is on 1st July
The increment falling due on 01.01.2018 will be
withheld for a period of next six months, that is, till 30.06.2018.
The increment would be released on 01.07.2018 without arrear.
The increment falling due on 01.07.2018 will be
withheld for a period of next six months, that is, till 31.12.2018.
The increment would be released on 01.01.2018 without arrears.
C. Reduction to a lower stage in the time-scale of pay for a specified
period [Rule 11(v)]
The process of imposition of penalty of reduction by one stage under
Rule 11(iii a) explained above shall be repeated for every additional stage of
reduction to the lower vertical cell in the same level of pay in the Pay Matrix.

Read also :  Pay Anomaly : Grant of entry pay to the promotee SO(A)/ AAO as applicable to direct recruits under 6th CPC w.e.f. 01.01.2006 in the G.Pay of Rs. 4800/-
Note 1: It is not permissible to impose a penalty under this rule if the pay after
imposition of the penalty would fall below the first cell of the same Level.

Note 2: Disciplinary Authority may weigh all factors before deciding upon the
quantum of penalty i.e. the number of stage by which the pay is to be reduced.

D. Reduction to lower time-scale of pay under Rule 11(vi)

In the case of imposition of penalty of reduction to lower time-scale of
pay, the pay of the Government servant would be reduced to the stage of pay
he/she would have drawn had he/she continued in the lower post for the period
of penalty. The mode of fixation of pay in this case is similar to reversing the
mode of fixation of pay on promotion.

However, Disciplinary Authority has the power, in terms of FR 28, to
indicate the pay which the Government servant on whom a penalty of reduction
in rank has been imposed. would draw.

It may also be noted that a Government servant cannot be reduced in
rank to a post not held earlier by him in the cadre.

For example:

(i) A direct recruit Assistant Section Officer cannot be reduced to the lower
rank like SSA/JSA.

(ii) A Government servant holding any post like LDC/ Tax Assistant etc.
who qualifies as Assistant Section Officer as a Direct Recruit and is later
promoted as Section Officer cannot be reduced to the rank, which was
earlier held by him before ASO (DR) but only to that of an Assistant
Section Officer.

5. Some illustrations on pay fixation on the above cases are annexed.

6. In so far as the personnel serving in Indian Audit and Accounts Department
are concerned, these instructions are being issued after consultation with the
Comptroller and Auditor General of India.

7. Hindi version will follow.

(Satish Kumar)
Under Secretary to the Govt. of India

To

The Secretaries of All Ministries/Departments (as per the standard list)

Copy to:

Read also :  Air India LTC-80 Domestic Fare List w.e.f. 03 December 2018
1. President’s Secretariat, New Delhi.
2. Vice-President’s Secretariat, New Delhi.
3. The Prime Minister’s Office, New Delhi.
4. Cabinet Secretariat, New Delhi.
5. Rajya Sabha Secretariat/Lok Sabha Secretariat, New Delhi.
6. The Comptroller and Auditor General of India, New Delhi.

Read more-

Annexure I : Illustrations for Regulation of Pay on Reduction of lower stage in time-scale of pay
Annexure II :-
Case History 1: Reduction to a lower stage for one year without cumulative effect
Case History 2: Reduction to a lower stage for two years without cumulative effect
Case History 3: Withholding of one increment for two years
Case History 4: Withholding of increment for six months 
Case History 5: Penalty of reduction to a lower stage by two stages for one year without cumulative effect
Case History 6: Reduction to two lower stage without cumulative effect
Case History 7: Reduction with cumulative effect to a lower stage
Case History 8: Reduction to lower time-scale of pay/ grade

Click here to veiw/download the signed PDF
[http://documents.doptcirculars.nic.in/D2/D02est/OM_dated_18_06_2019APuQ3.pdf]

COMMENTS