Interpretation of punishment
Karan
(Querist) 15 January 2017
This query is : Resolved
One Person is awarded with following punishment in which 2nd para seems to be conflicting with the 1st para. Experts Please clarify me. Decision is as under:
''Reduction of Basic Pay by THREE stages in time scale for period up to 31.12.2016 with further direction that he will not earn any increment of pay during the period of such reduction.
Further, the petitioner shall not be entitled to any benefits i.e. salary,increments,allowances, service seniority etc.''
Please advise me what does this punishment means ? What the petitioner will get?
Thanks in advance.
Guest
(Expert) 16 January 2017
Dear Karan,
Para, "Further, the petitioner shall not be entitled to any benefits i.e. salary,increments,allowances, service seniority etc." is incomplete and has no relevance without specification of period. The sentence should have been completed by addition of words, "during the period of penalty"
However, since the penalty is valid only up to 31.12.2016, it can safely be interpreted to be effective only up to 31.12.2016.
To avoid any confusion at any later stage on misinterpretation by any authority of your department, you may better request the disciplinary authority in writing to provide you clarification on that sentence.
Rajendra K Goyal
(Expert) 16 January 2017
May proceed as guided by the expert P. S. DHINGRA.
P. Venu
(Expert) 16 January 2017
The concluding para i.e.
"Further, the petitioner shall not be entitled to any benefits i.e. salary,increments,allowances, service seniority etc."
is superfluous and/or inappropriate.
Service seniority is unaffected by the punishment; it is only that the employee will not be considered for promotion during the period of punishment.
The word "petitioner" is surprising.
