Implementation of punishment order
deepak Shivnikar
(Querist) 15 April 2014
This query is : Resolved
The Disciplinary authority ( Hon. DPS Aurangabad Region Maharashta ) issued punishment order vide Memo No Ar /Staff-II/Rule14/ DRS/Dhule/2007 dated 09/01/2013 as “ pay be reduced by two stages from Rs.18590/- to Rs.17510/- in time scale of pay of Rs. 9300/- to Rs 34800/- plus GP 4200/- for period of three years with immediate effect . He will not earn increment during the period of reduction .It is further directed that reduction will not have effect of postponing his future increments of pay.”
Appellate authority ( Hon.PMG Aurangabad) issued appellate order on 17/09/2013 as follows - “pay of Shri D R Shivnikar be reduced by three stages in time scale of pay for one year with effect from the date of effect of existing punishment , with further direction that he will earn increment during the period of reduction & that on expiry of this period , the reduction will have effect of postponing his future increments of pay “
Information Required :-
1. Whether the above appellate order will be executable ?
2. If yes then illustration of it be provided.
3. If No then the reasons there of?
Guest
(Expert) 15 April 2014
1) Appellate order is executable.
2) What kind of illustration? Be specific about your own interpretation about the order, if you have any doubt about its implication.
3) Question of "no" does not arise, as there is no lacuna in the order.
This is not to be forgotten that the appellate authority can reduce or enhance the penalty.
Rajendra K Goyal
(Expert) 15 April 2014
The order is executable, Agree with the expert PS Dhingra ji.
deepak Shivnikar
(Querist) 16 April 2014
If the order is executable then how it will be implemented i.e. pay including grade pay of official is 18590 before implementation of appellate order then how pay will be fixed after completion of period of punishment of one year i.e. as on 01/01/2014.
deepak Shivnikar
(Querist) 16 April 2014
I request you to consider the aspect of " the official will draw increment during the period of reduction then how it will have effect of postponement of his future increment i.e. one it is ordered that the official will draw increment during period of reduction then there is no any question of postponement of his increment please refer CAT judgement in R K Bharati Vs Union of India referred in G B Singh's Book on Hand Book of Disciplinary Authority "
Devajyoti Barman
(Expert) 16 April 2014
You have to file case in Tribunal to claim the benefits of Tribunal's order if it refuses to implement the same.
Sudhir Kumar, Advocate
(Expert) 16 April 2014
The penalty in the present form is not implementable. It is seen that :-
(i) Appellate Authority has retained the commulative effect which means that the period of penalty is to be observed as zero for the purpose of increment till the person retires.
(ii) After completion of penalty period his pay has to start from the stage where it was before penalty
(iii) only on 1st July following the completion of penalty shall the person earn his next increment
But the penalty specifies that he
"he will earn increment during the period of reduction"
whereas it should have been
"he will not earn increment during the period of reduction"
This typographic error makes the order self contradictory.No accounts officer can implement both the provisions without risking chargehseet for himself.
Sudhir Kumar, Advocate
(Expert) 16 April 2014
There seems to be typographical error in Appellate order.
the same can be ratified only by the Revisionary Authority (even suo-motto as well)
Guest
(Expert) 16 April 2014
Please refer to your other thread where I have given my interpretation of the order.
If you feel that the order of appellate authority in not executable, you may challenge the same in the CAT taking your own interpretation. I have mentioned what I interpret about the order.
Sudhir Kumar, Advocate
(Expert) 16 April 2014
It will be in your own interest if you ou do not scatter facts on multiple threads.
Sudhir Kumar, Advocate
(Expert) 16 April 2014
repeated at
http://www.lawyersclubindia.com/experts/CCS-CCA-1965-regarding-implementation-of-penality--466766.asp
