Fundament Rule 29 – Form of penalty order to be adopted for achieving object of

Fundament Rule 29 – Form of penalty order to be adopted for achieving object of

No.2(34)-Est.III/59
Government of India,
Ministry of Finance,
(Department of Expenditure)

New Delhi-2, the 24th June, 1963.

OFFICE MEMORANDUM

Subject:-Fundament Rule 29 – Form of penalty order to be adopted for achieving object of

The undersigned is directed to refer to this Ministry’s Office Memorandum No.F.2(34)-Est.III/59, dated the 17th August, 1959, as amended by the Office Memorandum of even number dated the 9th June 1960, on the subject indicated above (copies enclosed) and to say that in spite of the clarification given in sub-paragraph (a) (ii) of paragraph 1 thereof, instances have come to the notice of this Ministry where orders were issued by competent authorities reducing the pay of a Government servant to a lower stage in a time-scale without actually specifying the exact stage in terms of rupees. Such orders have gien rise to a controversy whether they have the effect of denying the intervening increments as contemplated by F.R.29(1) or of authorising increments during the period specified. If the object underlying F.R.29(1) of not allowing increments during the period of the reduction is to be achieved, it should be ensured that every order passed by a competent authority imposing on a Government srevant the penalty of reduction to a lower stage in a time-scale invariably specifies that stage in terms of rupees to which the Government servant is reduced as in the following form:-

The __________ has decided that Shri__________ should be reduced to a pay of Rs.__________ for a period
of __________ width effect from __________”.

Sd/-
(V.S. Rajagopalan)
Under Secretary to the Government of India.

Copy of Office Memorandum No.F.2(34)-E.III/59, dated the 17th August, 1959, from Ministry of Finance, Department of Expenditure addressed to all Ministries of the Government of India, etc.

Subject:-Revision of F.R.29.

The undersigned is directed to refer to this Ministry’s Office Memorandum No.F.2(1)-Est.III/57. dated the 21st February, 1957, Notification of even No. and date of subsequent Notification  No.F.2(57)-Est.III/58, dated the 8th December, 1958 on the subject mentioned above. Doubts have been expressed in regard to the exact interpretarion of sub-rule (1) of F.R.29. The following clarifications are issued for the information and guidance of all
concerned.

(a) Every order passed by a competent authority imposing on a  Government servant the penalty of reduction to a lower stage in a time-scale should indicate:-

(i) the date from which it will take effect and the period (in terms of years and months) for which the penalty shall be ooperative;

(ii) the stage in the time-scale (in terms of rupees) to which the Government servant is reduced; and

(iii) the extent (in terms of years and months) if any, to which the period referred to at (i) above should operate to postpone further increments.

It should be noted that reduction to a lower stage in a time-scale is not permissible under the rules either for an unspecified period or as a permanent measure.Also when a Government servant is reduced toa particular stage, his pay will remain constant  at that stage for the entire period of reduction. The period to be specified under (iii) should in no case exceed the period specified  under(i)

(b)The question as to what should be the pay of a Government servant on the expiry of the period of reduction should be decided as follows:-

(i) if the original order of reduction lays down that the period of reduction shall not operate to postpone future increments or is silent on this point, the Government servant should be allowed the pay which he would have drawn in the normal course but for the reduction., If, however, the pay drawn by him immediately before reduction was below the efficiency bar, he should not be allowed to cross the bar except in accordance with the provisions of F.R.25;

(ii) if the original order specific that the period of reduction was to operate to postpone future increments for any specified period, the pay of the Government servant shall be fixed in accordance with (i) above but after treating the period for which the increments were to be postponed as not counting for increments.

Sd/-(K.S. Ganapati)
Deputy Secretary to the Government of India.

Copy of Office Memorandum No.F.2(34)-E.III/59, dated the 9th June, 1960, from Ministry of Finance, Department of Expenditure, addressed to all Ministries of the Government of India, etc.

Subject:-Revision of F.R.29,

The undersigned is directed to refer to this Ministry’s Office Memorandum of even No.dated the 17th August 1959, on the subject mentioned above and to say that the following may be substituted for paragraph 1(b) thereof:

“(b) The questions as to what should be the pay of a Government servant on the expiry of the period of reduction should be decided as follows:-

(i) If the order of reduction lays down that the period of the Government servant should be allowed the pay which he would have drawn in the normal course but for the reduction. If however, the pay drawn by him immediately before reduction was below the efficiency barm he should not be allowed to cross the bar except in accordance  the provisions of F.R.25;

(iii)If the order specifies that the period of reduction  to operate to postpone future increments for any specificed period, the pay of the Government servant should be fixed in accordance with (i) above but after treat the period for which the increments were to be postponed as not counting for increments”.

Sd/-

(K.S.Ganapati)

Deputy Secretary to the Government of India.

http://finmin.nic.in/the_ministry/dept_expenditure/notification/payfixation/24-06-1963.pdf