Dopt Orders: 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, lst 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 pants:
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 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 Juty 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 periodfRule 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
Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/6_3_2013-Estt.Pay-I-06022014.pdf]
