GO.Ms.No:335, Dt:14-06-1993 | CCA Rules - Major Penalties | Stoppage of increments with cumulative effect

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT 

Public Services - Andhra Pradesh Civil Services - (Classification, Control and Appeal)Rules, 1991 - Stoppage of increments with cumulative effect - Following the procedure under Rule 22 (2), treating it as Major Penalty - Orders - Issued.

General Administration (Services C) Department 

G.O.Ms.No. 335                                                                                                                   Date: 14-6-1993

Read the following:-

G.O.Ms. No. 487, G.A. (Ser. C) Dept., Dt. 14.9.92

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ORDER:

 In "Kulwant Singh Gill Vs State of Punjab" (1990 (3) SIJ-135) the Supreme Court held, "withholding of increments" of pay simpliciter without any hedge over it certainly comes within the meaning of Rule 5 (iv) of the Rules (Corresponding to Sub-clause IV of Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal Rules, 1991). But when penalty was imposed withholding two increments i.e., for two years with cumulative effect it would indisputably mean that the two increments earned by the employee was cut off as a measure of penalty forever in his upward march of earning higher scale of pay. In other words the clock is put back to a lower stage in this time scale of pay and on expiry of two years the clock starts working from that stage afresh. The insidious effect of the impugned order by necessary implication, is that the appellant employee is reduced in his time-scale by two places and it is imperpetutity during the rest of tenure of his service with a direction that two years increments would not be counted in his time-scale of pay as a measure of penalty. Considering from this angle we have no hesitation to hold that the impugned order would come with the meaning of Rule 5 (v) of the said rules; (corresponding to Sub-Clause (iv) of Rule 9 of the Andhra Pradesh Civil Services (Classification Control and Appeal Rules, 1991); it is major penalty and imposition of the impugned penalty without enquiry is per se illegal".

2. The Andhra Pradesh Administrative Tribunal in O.A. No : 8527/1991, dt.4.6.1991, while relying on the above judgement, of the Supreme Court, has set-a-side the orders issued by the Government in G.O. Rt.No:73, HM & FW Dept., dt.11.1.1990 on the ground that Rule 9 (1) (iii) of the Andhra Pradesh Civil Services (CCA) Rules, 1963 does not empower the disciplinary authority to impose penalty of withholding increments of pay with cumulative effect except after holding an inquiry and following the prescribed procedure and considered that the said order issued by the Government is without jurisdiction or authority of Law.

3. The Andhra Pradesh Civil Services (CCA) Rules, 1991, have been issued through G.O.Ms.No. 487, dt. 14.9.92. The said rules came into force with effect from 1.10.92. rule 22 of the said Rules deals with the procedure for imposition of Minor penalties. Among others, according to Sub-Rule (2) of Rule 22, notwithstanding anything contained in Clause (b) of sub-rule (1), if in a case it is proposed, after considering representation, if any made by the Government servant under clause (a) of that sub-rule, to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of Pension payable to the Government servant or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-rules (3) to (23) of Rule 20, before making any order imposing on the Government servant any such penalty.  In other words, for imposing the penalty of withholding of increments of pay with cumulative effect for any period, the elaborate procedure prescribed under Rule 20 of the said Rules, for imposition of a major penalty, have to be followed. The penalty of stoppage of increments with cumulative effect, therefore, amounts to a major penalty under the APCS (CCA) Rules, 1991, and the procedure for imposition of major penalty prescribed in these rules will have to be followed.

4. All the Departments of Secretariat and Heads of Departments are requested to keep in view the above rule position while dealing with cases where it is proposed to impose the punishment of stoppage of increments, keeping in view the provisions of Sub-Rule (2) of Rule 22 of Andhra Pradesh Civil Services (CC&A) Rules, 1991.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 

A. CHENGAPPA

Secretary to Government

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