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Can earlier increments be held up consequent to giving CRS

(Querist) 19 April 2011 This query is : Resolved 
Sir,
One of my acquaintances used to serve as an officer of Punjab National Bank. He got suspended on November 2008, got reinstated on January 2011 and the enquiry continuded. Now, on February 2011,he is found guilty in conclusion of the enquiry.But his due increments were held up since, 2008. Now, after getting 'CRS' can he claim the increments previously withheld. Please let me know the relevant legislation in this regard. Himadri Shekhar Bhattacharjee
Ahmed Daud Girach (Expert) 20 April 2011
After result of inquiry what punishment is inflicted?what is the nature of suspension decided after conclusion of inquiry?It is duty of Authority passing order of reinstatement to give decision in the order regarding suspension.Whether it is considered as on duty or whether not on duty.If not on duty then no increment can be earned and if on duty then increment can be earned.Punishment is to be according to the wording of punishment suppose two increments stopped with cumulative effect then if suspension is not on duty his period of suspension will be deducted from total duty period.If he was suspended for three years it will not count onduty and he will loose increments for three years also and after reinstatement he will be punished with say stoppage of twocumulative increment
(supposition).Here suspension is also punishment and for that appeal lies to authority higher then who has passed order.
Guest (Expert) 20 April 2011
Depends upon the nature of punishment awarded in the disciplinary case and also the period of suspension, how treated, whether duty, leave, or even duty without change in the emoluments.
Kirti Kar Tripathi (Expert) 20 April 2011
I think, there is no illegality in withholding increments while awarding punishment with CRS. If you are aggrieved you can challenged the punishment in toto.
RAJU O.F., (Expert) 20 April 2011
If he is found guilty, after the domestic enquiry, if aggrieved he can prefer appeal before the Appellate authority of the bank, for remedy.


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