10. Reduction



10.1 Reduction to a lower stage in the time scale of pay can be ordered for a specified period only. In compliance with the requirements of F.R. 29(1), while ordering a penalty of reduction to a lower stage in the time scale of pay, the disciplinary authority will indicate
(i) the date from which the order will take effect;
(ii) the stage in the time scale of pay in terms of rupees to which the pay of the Government servant is to be reduced;
(iii) the period, in terms of years and months for which the penalty will be operative;
(iv) whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay, and if so, to what extent; and
(v) that the period for which the reduction is to be effective shall be exclusive of any interval spent on leave before the period is completed.

10.2 When the pay of a Government servant is reduced to a particular stage in a time-scale, his pay will remain constant at that stage for the entire period of reduction. This is traceable to the principle that unless a given increment accrues, the subsequent increments cannot accrue. On the expiry of the period of reduction, the pay of the Government servant will be as follows:
(i) If the 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 will be allowed the pay which he would have drawn in normal course but for the reduction. If the pay of the person mentioned in the preceding paragraph is reduced by two stages for three years without effect on future increments, then for three years from 1st January 2003 he will draw pay at Rs.4850. On 1st January 2006, he will draw pay at Rs.5640 and on 1st April 2006, at Rs.5810.
(ii) If the order specifies that the period of reduction was to operate to postpone future increments, the pay of the Government servant is to be fixed in accordance with (i) above but after treating the period for which the increments were to be postponed as not accounting for increments. Thus, in the example, on 1st January 2006 his old pay Rs.5150 will only be restored and his increment raising his pay to Rs.5300 only will accrue on 1st April 2006.

10.3 The penalty of reduction to a lower time scale of pay, grade, post or service may be imposed by the disciplinary authority for a specified period or for an unspecified period, as per F.R. 29(2). The order will give:
(i) the lower time scale of pay, grade, post or service and stage of pay in the said lower time scale to which the Government servant is reduced;
(ii) the date from which the order will take effect;
(iii) whether the reduction is for a specified period, or is permanent;
(iv) where the penalty is imposed for a specified period, the period in terms of years and months, for which the penalty will be operative and whether on the expiry of the period the Government servant is to be promoted automatically to the post from which he was reduced;
(v) whether on such repromotion the Government servant will regain his original seniority in the higher service, grade or post or higher time scale which has been assigned to him prior to the imposition of the penalty;
(vi) if the penalty is imposed for an unspecified period, directions regarding conditions of restoration to the grade, post or service from which the Government servant was reduced and his seniority and pay on such restoration to that grade, post or service;
(vii) that the period for which the reduction is to be effective shall be exclusive of any interval spent on leave before the period is completed.

10.4 In cases where the reduction is for a specified period and is not to operate to postpone future increments, on restoration the Government servant will be allowed the pay which he would have drawn in normal course but for the reduction.

10.5 Where the reduction is for a specified period and is to operate to postpone future increments, the pay of the Government servant on repromotion may be fixed by giving credit for the period of service actually rendered by him in the higher service, grade or post or higher time-scale.

10.6 In cases where an order of penalty does not specifically cover the above points, the Government servant on whom the penalty of reduction for a specified period is imposed, will, on completion of such period be promoted automatically and his seniority will be determined as follows:
(a) if the period of reduction is to operate to postpone future increments, the seniority of the Government servant should be determined, on repromotion by giving credit for the period of service actually rendered by him in the higher grade etc prior to reduction;
(b) if the period of reduction does not operate to postpone future increments, the Government servant on repromotion, will regain his seniority as it existed before his reduction.

10.7 If the order does not specify any period and simultaneously there is an order declaring the Government servant permanently unfit for promotion, the question of his promotion will not arise. In other cases where the order does not specify any period, the Government servant should be deemed to be reduced till such date as on the basis of his performance subsequent to the order of reduction, he may be considered fit for promotion.