RBE No. 68/1989: Reduction in Rank – D&A Rules
No.E(D&A)89 RG6-17, dated 17.03.1989
Sub: Railway Servants D&A Rules, 1968 – Scope of the penalty of reduction in rank.
A copy of Department of Personnel and Training’s OM No.11012/2/88-Estt.(A), dated 2nd February, 1989 on the above subject is circulated herewith for information and guidance.
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
No.11012/2/88-Estt.(A), dated 2nd February, 1989
OFFICE MEMORANDUM
Sub: CCS (CCA) Rules, 1965 – Scope of penalty of reduction in rank – Supreme Court judgment in case of Shri Nayadar Singh and Shri M.J. Ninama vs. Union of India (Civil Appeal No.3003 of 1988 and 889 of 1988).
1. The undersigned is directed to say that clause (vi) of Rule 11, which enumerates the penalties that may be imposed on a Government servant after following the prescribed procedure, provides as under:-
“(vi) Reduction to a lower time-scale of pay grade, post or service which shall originally 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 direction regarding conditions of the restoration to that grade, post or service.”
2. The judgment cited above related to two cases in one of which a Government servant who was initially recruited as a Postal Assistant and was later promoted as UDC, while working as UDC, was reduced in rank, as a measure of penalty, to the post of LDC, which was lower in rank than the post of Postal Assistant to which he had been recruited initially. In the second case, the disciplinary authority had imposed a penalty of reduction in rank reducing an officer from the post of Assistant Locust Warning Officer to which he was recruited directly to that of Junior Technical Assistant. The Supreme Court, while setting aside the penalty imposed in both cases have held that a person appointed directly to a higher post, service, grade or time scale of pay cannot be reduced by way of punishment to a post in a lower time scale, grade, service or to a post which he never held before.
3. The ruling given by the Supreme Court in the above case may be kept in view by all disciplinary authorities while deciding cases in future. However, past cases need not be reopened in the light of the aforesaid judgment.
Download Railway Board Circular RBE No. 68/1989
Forward reference ⇒ RBE No.