16. Currency and Effect of minor penalties on Promotion



The Government examined the need for issue of comprehensive instructions on the currency and effect of minor penalties on Government employees who were involved in disciplinary cases and who come up for consideration for promotion to higher categories and issued further instructions as follows (G.O.Ms.No.342 dt.4-8-1997 G.A. (Ser.C) Dept.):
(i) Censure In terms of orders issued in G.O.Ms.No.53, G.A. (Ser.C) Dept. dt. 4-2-97 every Censure awarded shall debar a Government employee for promotion/appointment by transfer for one year to both selection and non-selection posts.
(ii) Withholding of Promotion This penalty awarded to Government employees shall debar the individual for promotion/appointment by transfer to a higher post during the period of subsistence of penalty which shall be indicated in the order imposing the penalty subject to a minimum period of one year, both for selection and non-selection posts.
(iii) Recovery from pay of the whole or part of any pecuniary loss caused by him Whenever a Government employee is awarded the penalty of recovery from pay, it shall debar the individual for promotion/ appointment by transfer to a higher post during the period of penalty which shall be indicated in the order imposing the penalty subject to a minimum period of one year both for selection and non-selection posts. Even if an employee remits the amount in one lumpsum, he/she shall not be considered for promotion/ appointment by transfer for a minimum period of one year.
(iv) Withholding of increments of pay
(a) with cumulative effect:
(i) In G.O.Ms.No. 335, G.A. (Ser.C) Dept., dt. 14-6-93 orders were issued to the effect that the penalty of stoppage of increments with cumulative effect amounts to a major penalty under the Andhra Pradesh Civil Services (CCA) Rules, 1991 and the elaborate procedure prescribed under rule 20 of the said rules is to be followed.
(ii) In terms of G.O.Ms.No.968, G.A. (Ser.C) Dept., dt. 26-10- 98, whenever any Government employee is awarded the penalty of stoppage of increment with cumulative effect, the cases of such employees shall not be considered for promotion/appointment by transfer for twice the period for which the increment(s) is/are stopped with cumulative effect, both for selection and non-selection posts.
(b) Without cumulative effect: This penalty awarded to Government employee shall debar him/her for promotion / appointment by transfer to a higher post during the period of subsistence of penalty which shall be indicated in the order subject to a minimum period of one year, both for selection and non-selection posts. Withholding of increment — effect on promotion Where the penalty of stoppage of increment with or without cumulative effect is imposed, the currency of a penalty is for a minimum period of one year and the increment or increments falling due immediately after the date of issue of the order should be withheld and during the currency of the penalty, the Government servant shall not be recommended for promotion. (Memo.No.34633/Ser.C/99 G.A. (Ser.C) Dept. dt.4-11-99) Withholding of increment — effect on pension F.R. 24 provides that in ordering the withholding of an increment the withholding authority is required to state the period for which it is withheld and whether the postponement shall have the effect of postponing future increments. According to ruling (4)(a) under the said rule, where it is proposed to withhold an increment in an officer’s pay as a punishment the authority inflicting the punishment should before the order is actually passed, consider
(i) whether it will affect the officer’s pension, and (ii) if so, to what extent. It is further laid down therein that if it is decided finally to withhold the increment, it should be made claer in the order that (i) the effect of the punishment on the pension has been considered, and (ii) that the order is intended to have this effect. As per ruling (1) under F.R. 24, if the order does not state that the withholding of the increment shall have the effect of postponing future increments, it shall be assumed that the individual’s pay is restored to what it would have been had his increment not been withheld from the next natural date. (Memo.No.1436/Ser.C/80-2 G.A. (Ser.C) Dept. dt.7-2-81)
(v) Suspension as penalty, where a person has already been under suspension under rule 8 Where suspension is revoked exonerating a person fully his/ her case may be considered for promotion with retrospective effect. Where the disciplinary proceedings finally resulted in a penalty he/she will be debarred during the period of penalty and subject to a minimum period of one year from the date of reinstatement. In case the suspension period itself is treated as substantive penalty, he/she shall be debarred for promotion / appointment by transfer for a period of minimum one year both for selection / non-selection posts. (G.O.Ms.No.342 G.A.(Ser.C) Dept. dt.4-8-97)