RBE No. 89/2005: Promotion – Persons Undergoing Penalty – Clarification
No.E(D&A)2005 RG6-5, dated 26.05.2005
Sub: Promotion of persons undergoing a penalty – Clarification regarding.
1. Attention is invited to Board’s letter No.E(D&A)70 RG6-71, dated 03.06.1971, inter alia, laying down that the fact of imposition of the penalty of ‘withholding of increment’ or ‘reduction to lower stage in time scale of pay’ on a Railway servant does not stand in the way of his consideration for promotion. Such Railway servant should also be considered for promotion by the Departmental Promotion Committee which meets after the imposition of the said penalty and after due consideration of full facts leading to imposition of the penalty, if he is still considered fit for promotion, the promotion may be given but only after the expiry of the currency of the penalty.
2. Ministry of Railways have since considered the question of pay fixation and date of commencement of eligibility service in such cases, in the light of clarification issued by Department of Personnel & Training, and have decided that since the promotion is to take effect only from a date subsequent to the expiry of the currency of the penalty, the employee would be entitled to pay fixation in the promotional grade with effect from the date of actual promotion only. Even if a person junior to him in the panel is promoted earlier, it will have no bearing on the pay to be allowed on promotion to the employee on whom a penalty was imposed and their shall be no stepping up of his pay with reference to his junior. Similarly, as the employee undergoing penalty is not to be promoted during the currency of the penalty, the eligibility service in the promotional grade for further promotion shall also commence only from the date of actual promotion and in no case it may be related even notionally to the date of promotion of the junior in the panel. However, his late promotion will not have any effect on his seniority which would be fixed according to his position in the panel on the basis of which he is promoted on the expiry of the period of currency of the penalty.
Download Railway Board Circular RBE No.89/2005
Forward reference⇒RBE No.