Reduction to lower stage of pay under CCS Rules, whether minor or major penalty?

[Anonymous]

There is confusion whether reduction to a lower stage in time scale of pay under the Central Civil Services (Classification, Control and Appeal) Rules, is a minor penalty or a major penalty, and also whether a detailed departmental enquiry should be conducted for imposing such penalty. Kindly clarify.

[Dr. Ashok Dhamija]

Rule 11 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, [or, the CCS (CCA) Rules, in brief] is reproduced at the end of this reply.

It is quite clear from the said Rule that reduction to a lower stage in the time scale of pay can be a minor penalty or a major penalty, depending on how such penalty is imposed.

For example, clause (iii-a) of the said Rule defines the following minor penalty:

“(iii-a)   reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.”

On the other hand, clause (v) of the said Rule defines the following as major penalty:

“(v)        save as provided for in clause (iii) (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay.”

In view of the above legal position, it should be clear that reduction to a lower stage of time scale of pay may be a minor penalty or a major penalty, depending on further details such as the period for which it would be applicable, its cumulative effect and its future effect, etc.

Rule 11 of the CCS (CCA) Rules is reproduced below:

“11.     Penalties

The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely :-

Minor Penalties –

(i)           censure;

(ii)         withholding of his promotion;

(iii)       recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;

(iii-a)   reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.

(iv)       withholding of increments of pay;

Major Penalties –

(v)        save as provided for in clause (iii) (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay

(vi)       reduction to  lower time-scale of pay, grade, post or Service for  a period  to be specified in the order of penalty, which  shall be a  bar to the  promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified  period –

(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and

(b) the Government servant shall regain his  original seniority in the higher time scale of pay , grade, post or service;

(vii)      compulsory retirement;

(viii)     removal from service which shall not be a disqualification for future employment under the Government;

(ix)       dismissal from service which shall ordinarily be a disqualification for future employment under the Government.

Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed :

Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.

EXPLANATION –  The following shall not amount to a penalty within the meaning of this rule, namely:-

(i)                withholding of increments of a Government servant for his failure to pass any departmental examination in accordance with the rules or orders governing the Service to which he belongs or post which he holds or the terms of his appointment;

(ii)        stoppage of a Government servant at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;

(iii)       non-promotion of a Government servant, whether in a substantive or officiating capacity, after consideration of his case, to a Service, grade or post for promotion to which he is eligible;

(iv)              reversion of a Government servant officiating in a higher Service, grade or post to a lower Service, grade or post, on the ground that he is considered to be unsuitable for such higher Service, grade or post or on any administrative ground unconnected with his conduct;

(v)       reversion of a Government servant, appointed on probation to any other Service, grade or post, to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;

(vi)       replacement of the services of a Government servant, whose services had been borrowed from a State Government or any authority under the control of a State Government, at the disposal of the State Government or the authority from which the services of such Government servant had been borrowed;

(vii)     compulsory retirement of a Government servant in accordance with the provisions relating to his superannuation or retirement;

(viii)          termination of the services –

(a)       of a Government servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation, or

(b)       of a temporary Government servant in accordance with the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, or

(c)        of a Government servant, employed under an agreement, in accordance with the terms of such agreement.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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