Cir.Memo.No.34633/Ser.C/99.
Dated:
04-11-1999
Sub:
A.P. Civil Services (CC&A) Rules, 1991 - Penalties as per rule 9 - Stoppage
of increments with or without cumulative effect - Currency of the penalty -
Clarification - Issued.
Ref:
G.O.Ms.No. 342, GA (Ser.C) Dept., dt. 4-8-97.
Rule 9 of the Andhra Pradesh Civil Services (Classification, Control & Appeal) Rules, 1991 deals with "Penalties" and its classification as minor penalties and major penalties. Item (iv) specifies withholding of increment without cumulative effect which is a minor penalty and item (vi) specifies withholding of increment of pay with cumulative effect which is a major penalty. The currency of these penalties and their effect on promotion was ordered in the G.O. cited. The currency of the penalty is for a minimum period of one year during which the delinquent employee shall not be recommended for promotion.
2. According to F.R. 24 an increment shall ordinarily be drawn as a matter of course unless it is withheld as a measure of punishment. An increment may be withheld from a Government servant by the State Government, or by any authority to whom the State Government may delegate this power if his conduct has not been good or his work has not been satisfactory. In ordering the withholding· of an increment, the withholding authority shall state the period for which it is withheld and whether the postponement shall have the effect of postponing future increments.
3. It is clarified that where the penalty of stoppage of increments with or without cumulative effect is imposed, under rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, the increment or increments falling due immediately after the date of issue of the order should be withheld. It is also clarified that the employee whose increments were withheld shall not be recommended for promotion during the period for which the increments were ordered to be withheld with effect from the date of the issue of the order imposing the penalty.
4.
The District Collectors, Heads of Departments and Departments of Secretariat
are requested to follow the above clarification in dealing with disciplinary
cases.
