RBE No. 57/2008: Penalty of Reduction – Clarification
No.E(D&A)2008 RG6-11, dated 21.04.2008
Sub: Penalty of reduction to a lower time scale of pay, grade, post or service-imposition on permanent basis reg.
1. A copy of Department of Personnel and Training’s O.M. No.11012/2/2005-Estt.(A), dated 14.05.2007 on the above subject is sent herewith. The contents of the O.M. may please be brought to the notice of all concerned on your Railway for their information and guidance. Provisions of MHA’s O.M.s of 10.10.1962 and 07.06.1964 mentioned in Para 5 of the O.M. dated 14.05.2007 have been issued on the Railways under Board’s letter No.E(D&A)62 RG6-46, dated 30.07.1964 (copy enclosed). Though Clause (vi) of Rule 11 of the CCS (CCA) Rules, 1965 pertaining to the penalty of reduction to lower grade/ post brought out in Para 1 of O.M. dated 14.05.2007 is slightly differently worded compared to the provisions in Clause (vi) of Rule 6 of RS(D&A) Rules, 1968, there is no material difference between these rules in respect of the said penalty.
2. Please acknowledge receipt.
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
O.M. No.11012/2/2005-Estt.(A), dated 14.05.2007
OFFICE MEMORANDUM
Sub: Imposition of penalty of reduction to a lower time scale of pay, grade, post or service.
1. Attention of the Ministries/ Departments is invited to the provisions of rule 11 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Clause (vi) thereof provides for the imposition on a Government servant of a penalty of reduction to lower time scale of pay, grade, post or Service which shall ordinarily be a bar to the promotion of the Government servant to the time scale of pay, grade, post or Service from which he was reduced with or without further directions regarding conditions of restoration to the grade or post or service from which the Government servant was reduced, and his seniority and pay on such restoration to that grade, post or Service.
2. The Staff side of the National Council (JCM) has made a request that the penalty of reduction to lower time scale of pay in the said clause (vi) should not be imposed on the Charged Officer on a permanent basis on the ground that it is harsh and does not allow the employee to be promoted to the next grade even if he improves his working and the Competent Authority later finds him fit for promotion. The Staff Side has suggested that the penalty in question should be for a specified time-period with clear directions regarding restoration to the higher grade.
3. The existing rule position is that the imposition of the penalty of reduction to a lower grade, post or service is normally a bar to the promotion to a higher grade, post or service (from which he was reduced) unless the conditions of restoration are specified. It is open to the Disciplinary Authority to prescribe the conditions of restoration to the higher grade in deserving cases.
4. The minor penalties and major penalties in rule 11 of the CCS (CCA) Rules, 1965 have been graded in order of the severity to be awarded to a charged Government servant in proportion to the gravity of misconduct/ negligence which has given rise to the charge-sheet. While the major penalties of compulsory retirement, removal from service and dismissal from service have been included as clauses (vii), (viii) and (ix) of the said rule 11, the penalty of reduction to a lower time scale of pay, grade, post or service has been incorporated therein as clause (vi). This clause also provides that while imposing this penalty, the Disciplinary Authority or the Appellate/ Revision Authority is also required to indicate in the penalty order whether or not the individual charged Government servant would be eligible for restoration to the grade/ post or service from which he was reduced and his seniority and pay on such restoration and the conditions for such restoration. It will, therefore, be seen that the penalty has been provided to be awarded to an individual who may not be sent out of Government service (through dismissal/ removal etc.) but who needs to be given a very severe penalty in view of the gravity of his misconduct.
5. Attention in this connection is also invited to the Government of India, MHA O.M. No.9/13/92-Estt. (D), dated 10.10.1962 and No.9/30/63-Estt. (D), dated 07.02.1964 (copies enclosed) which stipulates that an order imposing the penalty of reduction to a lower service, grade or post or to a lower time-scale should invariably specify the period of reduction unless the clear intention is that the reduction should be permanent or for an indefinite period. These instructions also indicate the manner in which the order should be framed when the reduction is for specified period or indefinite period. In case the intention of the Competent Authority is to award the penalty of reduction on permanent basis, the same may be specifically stated in the order so that the intention is conveyed to the Government servant in unambiguous terms and he is afforded full opportunity for submission of his appeal as provided in the rules.
6. Ministries/ Departments are requested to please bring the above to the notice of all concerned for information and necessary action.
Railway Board’s letter No.E(D&A)62RG6-46, dated 30.07.1964
Sub: Fixation of seniority of a Railway servant reduced to a lower post/ grade/ service for a specified period as a measure of penalty and subsequently re-promoted to higher post after the expiry of the period of punishment.
1. Attention is invited to Rule 1707(1)(iv) – R-I which provides for the imposition of the penalty of:-
(1) Reduction to a lower stage in a time scale
Or
(2) Reduction to a lower service, grade or post, or to a lower time-scale.
2. As regards item (1) above, Rule 2025(1) – R-II and Note (1) under Rule 1715 – R-I provide that if a Railway servant is reduced as a measure of penalty to a lower stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective and whether on restoration, the period of reduction shall operate to postpone his future increments and, if so, to what extent. In such cases, the seniority of the person concerned shall remain unaffected.
3. As regards item (2) above, Rule 2025(2) – R-II and Note (2) below Rule 1715 – R-II provide that if a Railway servant is reduced as a measure of penalty to a lower service grade or post or a lower time-scale, the Disciplinary Authority ordering the reduction may or may not specify the period for which the reduction shall be effective but where the period is specified, that authority shall also state whether, on restoration, the period of reduction shall operate to postpone future increments and, if so, to what extent. The scope of Rule 2025(2) – R-II has been clarified in Board’s letters No.F(E)60-FR-1/4(I) & (II), dated 27.10.1960 and F(E)61-FR1/2, dated 10.07.1961.
4. The Board have now decided that the penalty of reduction to a lower service, grade or post, or to a lower time-scale should invariably be imposed for a specified period unless it is considered necessary that the period of reduction should be for an indefinite period. Where the order imposing such penalty does not specify the period of reduction and there is coupled with it an order declaring the Railway servant permanently unfit for promotion, the question of re-promotion will, obviously, not arise. In other cases where the period of reduction is not specified, the Railway servant should be deemed to be reduced for an indefinite period, i.e. till such date as, on the basis of his performance subsequent to the order of reduction, he may be considered fit for promotion. On re-promotion, the seniority of such a Railway servant should be determined by the date of re-promotion. In all such cases, the person loses his original seniority in the higher service, grade or post in entirety. On re-promotion, the seniority of such a Railway servant should be determined by the date of re-promotion without regard to the service rendered by him in such service, grade or post prior to his reduction.
In cases where the penalty of reduction to a lower service, grade or post or lower time-scale is for a specified period, on expiry of the specified period, the employee concerned should be re-promoted automatically to the post from which he was reduced. The seniority in the original service, grade or post or time-scale, should be fixed in such cases as follows:-
(a) Where the reduction is not to operate to postpone future increments, the seniority of the Railway servant should be fixed in the higher service, grade or post or the higher time-scale at what it would have been but for his reduction.
(b) Where the reduction is to operate to postpone future increments, the seniority of the Railway servant should be fixed by giving credit for the period of service rendered by him in the higher service, grade or post or higher time-scale prior to his reduction.
5. An order imposing the penalty of reduction to a lower service, grade or post or to a lower time-scale should, inter alia, invariably specify:-
(i) The period of reduction, unless the clear intention is that the reduction should be permanent or for an indefinite period; and
(ii) Where the period of reduction is specified, whether on re-promotion, the Railway servant will regain his original seniority in the higher service, grade or post or higher time-scale which had been assigned to him prior to the imposition of the penalty.
If the order of reduction is intended for an indefinite period, the order should be framed on the following lines:-
“A is reduced to the lower post/ grade/ service of X until he is found fit by the competent authority to be restored to the higher post/ grade/ service of Y.”
In cases where it is intended that the fitness of the Railway servant for re-promotion or restoration to his original position will be considered only after a specified period, the order should be made on the following lines:-
“A is reduced to the lower post/ grade/ service of X until he is found fit, after a period of …………years from the date of this order, to be restored to the higher post of Y.”
6. These instructions will have effect from the date of issue of this letter. Cases dealt with previously in accordance with the practice in vogue on Railways need not be re-opened.
Download Railway Board Circular RBE No. 57/2008
Forward reference ⇒ RBE No.