Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965
No.6/3/2013-Estt (Pay-I)
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated the 6th February, 2014
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 –
(a)
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
(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;
2.
Consequent upon implementation of the recommendations of 6 th CPC under
the CCS (RP) Rules, 2008 pay scale of a post/grade for below HAG level
means the Pay Band and Grade Pay specified for that post. Under the CCS
(RP) Rules, 2008 a Pay Band may cover Government servants in more than
one Grade Pay or posts in the hierarchy. As per Rule 9 of the CCS
(Revised Pay) Rules, 2008, the rate of increment in the revised pay
structure is 3% of the sum of the pay in the Pay Band arid Grade Pay
applicable, which is to be rounded off to the next multiple of 10.
Further, as per Rule 10 of the CCS (Revised Pay) Rules, 2008, there is
now a uniform date of increment, that is, l st July of the year.
3.
The mode of implementation of these penalties has been clarified to
individual Ministries/Departments wherever references have been
received. It is now proposed to issue detailed guidelines on the issue.
The regulation of pay on imposition of these penalties is in the
subsequent paras:
A. Reduction to a lower stage of pay by one stage (Rule 11( iii ) all )
On
imposition of a penalty under this Rule, the pay would be fixed at the
next lower stage in the Pay Band. In other words, in case of reduction
by one stage, the revised pay would be the pay drawn in the Pay Band at
the stage before the last increment. Grade Pay attached to the post
would remain unchanged. The pay will be fixed by reversing the mode of
allowing increments given in Rule 9 of the CCS (RP) Rules, 2008. The
formula would be:-
Reduced Pay In Pay Band = {(Pay in Pay Band+ Grade Pay) x 100/103} less (Grade Pay) (rounded off to next 10)
Pay would be Pay in Pay Band as above + Grade Pay
B. Withholding of increment {Rule 11(iv)}
As
the uniform date of increment now is 1st July, on imposition of a
penalty of withholding of increment, the increment(s) due on the 1st of
July falling after the date of imposition of the penalty would be
withheld. In case where penalty of withholding of more than one
increment is imposed, increments due on 1st of July 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.
This also
applies to cases where the penalty is imposed for part of a year. For
instance, if the penalty of withholding of the increment for six months
is imposed on a Government servant in April 2013, then the increment
falling due on 1.7.2013 will be withheld for a period of six months,
that is, till 31.12.2013. The increment would be released w.e.f.
1.1.2014. In this case the next increment falling due on 1.7.2014 will
also be allowed.
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 by taking the
pay arrived at notionally as pay for the second reduction, and so on.
Grade Pay shall remain unchanged.
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 minimum of the Pay Band attached to the
post.
NOTE 2: A Pay Band may cover Government servants in
different Grade Pays or holding posts at several levels in the
hierarchy. It needs to be kept in mind that reduction to lower pay scale
or grade is a distinct penalty, under Rule 11(vi).Therefore, while
imposing a penalty of reduction to a lower stage in the time-scale of
pay under Rule 11(v) of the CCS (CCA) Rules, 1965, Disciplinary
Authorities should weigh all factors before deciding upon the quantum of
penalty, i.e., the number of stages by which the pay is to be reduced.
D.
Reduction to lower time-scale of pay under Rule 11(vi) As a result of
imposition of a 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. Therefore, both pay
in Pay Band and Grade Pay would be reduced.
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. The Government servant will be entitled to the
Grade Pay of the post to which he has been reduced. Thus, the power of
the Disciplinary Authority under FR 28 is limited to indicating the pay
in the Pay Band applicable to the lower rank/post.
In some cases
imposition of a penalty under Rule 11(vi) may also involve a change in
Pay Band. For instance a Government servant holding a post in PB-2 with
Grade pay of Rs.4200/- may be reduced to a post in PB-1 with Grade Pay
of Rs.2800/-
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, an LDC who qualifies as Assistant as a Direct
Recruit and is later promoted as Section Officer cannot be reduced to
the rank of LDC but only to that of an Assistant.
4. Some illustrations on pay fixation in above types of cases are annexed.
sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Government of India
Click to view the illustrations...Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/6_3_2013-Estt.Pay-I-06022014.pdf
