Stagnation increment

Akshay Panchal (Querist) 05 August 2011 This query is : Resolved
I am working in one of the PSU company as an Assistant since 1991. My tract records since last 20 years are good and my CR do not have any adverse remarks.
My stagnation first stagnation increment was due in Apr-2010 but it was not released by the management. On inquiry the management orally replied that there is criminal case u/s 420 and 14b is pending against me which was filed by someone in the year 2007 and the same is on management's record for the reason that I was in police custody for the said case for more than 48 hours. Whether am I not eligible for stagnation increment as my records on the books of the company are outstanding and there is not CDA/Vigilance departmental inquiry pending against me?

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Ajay Bansal (Expert) 05 August 2011
You are fully entitled for said increament.

Guest (Expert) 06 August 2011
Dear Akshay,

Management cannot stop any increment unless it is stopped formally as a matter of penalty in some disciplinary case. Increment cannot also be stopped even during the pendency of any disciplinary/vigilance case till decided by the disciplinary authority to withhold increment by award of penalty in that case after the case is decided. You may ask in writing to release the increment or intimate the reason for withholding of such increment.

Kirti Kar Tripathi (Expert) 06 August 2011
On this ground you can not be denied benefit of stagnation increment unless you are not held guilty after proper disciplinary proceeding and punishment is awarded by a speaking order. If it so, make representation and in case, it is decided otherwise, challenge the same.

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