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Censure penalty affecting macp

(Querist) 22 April 2018 This query is : Resolved 
Sir, we are central govt employee and governing under CCS rules. My question is that one of the personnel MACP due in 12 Jun 2012 but due to involvement in theft case in 2011 later organising Departmental Enquiry on 18 Jul 2012 his MACP was not granted. On the date of 18 Jul 2017 his departmental enquiry completed and imposing censure penalty. Now the question arrises:
(a) In which date his MACP has been granted whether it is 12 Jun 2012 or 19 Jul 2017 if censure with no currency peiod.
(b) If the censure penalty has imposing with currency peiod then what is date i.e. 12 Jun 2012 or 19 Jul 2017.

Request to all please clarified with reference to relevant rules so that I can help the guys.

Regards


Guest (Expert) 22 April 2018
Consideration by the 2nd screening committee of the year or the 1st screening committee or the next year depends upon the date of issue of the penalty order, which you have not mentioned.
Kumar Sambhav (Querist) 22 April 2018
Sir date of issue of penalty order is 18 Jul 2017
Guest (Expert) 23 April 2018
Your case for MACP can be considered by the screening committee of January 2019.
Sudhir Kumar, Advocate (Expert) 23 April 2018
Kindly elaborate:-

1. on which date was MACP actually due (not the date of Screening committee)
2. on which date the chargesheet was issued (not date of institution o inquiry)
Kumar Sambhav (Querist) 23 April 2018
sir,
1. MACP due on 12 Jun 2012 but not considered due to prima facial involved in theft case but no charge sheet issued
2. Memorandum of charge sheet issued on 13 Jul 2012
3. DE completed in 18 Jul 2017
4. Censure Penalty imposing order no 31 Dec 2017 repeat censure penalty imposing

Request to all sir what is the date of MACP given either 12 Jun 2012 or 12 Jun 2018.

Kumar Sambhav (Querist) 26 April 2018
Still there is no reply received from any member of this platform. Whether I can go for another expert or advocate who explain the tell the exact date for MACP given either 12 Jun 2012 or 12 Jun 2018.
Sudhir Kumar, Advocate (Expert) 26 April 2018
This is a free advisory forum and experts cannot be expected to be available at your call.
Sudhir Kumar, Advocate (Expert) 26 April 2018
It appears form given facts that the MACP was due on 12.6.12 and o9n that date no chargesheet/FIR was pending. Prima-facie involvement has no justification for non-consideration. The MACP is due from that date.


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