(Querist) 24 July 2011
This query is : Resolved
Respected Expert would you please inform that can a authority with-hold salary increment before completion of departmental enquery. one of my friend was put under suspension but after tribunal order he was reinstated it has passed one year, but the authority is stating that they will not made any due increment as long as the court trial does not over. are the authority right. the departmental proceeding could not complete because of all document relating to suspension were called by tribunal and those are till there. thanking you in anticipation.
(Expert) 25 July 2011
Ask the department to conclude the enquery as early as possiable.Still if said departmental enquery is not compleated,then you may go to court for said increament.
(Querist) 25 July 2011
Thank you sir
(Expert) 26 July 2011
Since you have made a mention of departmental inquiry and a tribunal case, your query does not give clear picture whether it is a departmental inquiry case or a tribunal case after completion of departmental inquiry, as may have been lodged by your friend.
However, for your information, only suspension period cannot count towards increment unless it is specifically treated as duty or leave due, as the case may be, by the order of the competent authority. The authorities are bound to draw due increment after completion of one year of the duty (including leave) period. It has no connection with the record of suspension, if the service book of the employee is available with the Establishment Unit or the Drawing & Disbursing Officer.
(Querist) 26 July 2011
yes sir a departmental inquiry was there and without any conclusion the authority put under suspension to my friend actually first my friend was suspended after that departmental inquiry was proceed which my friend put the matter before tribunal, tribunal ordered to the concern authority for his reinstatement accordingly he was reinstated but now again the authority are trying to disturb him by not adding increment etc. and his service book is not with Drawing & Disbursing officer the record is at court now. please suggest what to do
(Expert) 28 July 2011
Simply because the departmental action pending, the annual grade increments can not be stopped. The annual grade increments can be stopped only after issue of final orders on the said case.
(Querist) 29 July 2011
Respected Sir, Would you please provide us a copy or any such order in support of your valuable comment which we can provide to the concern authority and convince that there act are not legitimate, as my friend is in grade 3rd post and he is financially week because he has to look after his age old parents two children and other dependent so it is very difficult to run a long court battle so we request to you all to help my poor friend, please.
Thanking you in anticipation.
(Expert) 31 July 2011
As per the fundamental rules state and central governments, annual grade increment shall not be stopped unless it is withheld as a measure of penalty. Even as a measure of penalty increment is withheld, the increment that will be accrued subsequent to the issue of orders shall only be stoppedt
(Querist) 31 July 2011
Thanks to K. S. Srinivas and all expert for there unconditional support to the matter with-holding of pay increment.