IREC Rule No.1324: [FR-29(A)] Pay When Penalty Set Aside In Appeal

1324. [FR-29(A)] Pay When Penalty Set Aside In Appeal:-

Where an order of penalty of withholding of increment of a railway servant or his reduction to a lower service, grade or post, or to a lower time-scale, or to a lower stage in a time-scale, is set aside or modified by a competent authority on appeal or review, the pay of the railway servant shall, notwithstanding anything contained in these Rules, be regulated in the following manner;

(a)   If the said order is set aside, he shall be given, for the period such order has been in force, the difference between the pay to which he would have been entitled had that order not been made and the pay he had actually drawn;

(b)   If the said order is modified, the pay shall be regulated as if the order, as so modified, had been made in the first instance.

Explanation: If the pay drawn by a railway servant in respect of any period prior to the issue of the orders of the competent authority under this rule is revised, the leave salary and allowances (other than traveling allowance) if any, admissible to him during that period shall be revised on the basis of the revised pay.