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Wednesday, 19 June 2019

DoPT Orders 2019 - Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965

DoPT Orders 2019

Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965

No: 1 1 01211512016-Estt A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk
North Block, New Delhi - 110001
Dated June 18,2019
OFFICE MEMORANDUM

Subject: Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965.
The Undersigned is directed to say that the following penalties prescribed in the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:

11. Penalties

Minor Penalties -
(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;
2. Vide Central Civil Services (Revised Pay) Rules,2016 notified vide notification No. GSR 721(E) dated 25.07.2016, the present system of Pay Bands and Grade Pays have been dispensed with and a new system of pay matrix as specified under Part A of Schedule of Central Civil Service (Revised Pay) Rules, 2016 have been introduced. The status of the employee so far determined by Grade pay, will now be determined by Level in the Pay Matrix. Further, as per Rule 10 (1) of the CCS (Revised Pay) Rules, 2016, there are two dates for grant of increment namely, 1st January and 1st July of every year, instead of the existing date of 1st July.

3. As per clause 3 of the Central Civil Services (Revised Pay) Rules, 2016 'Level' is defined as under:
'Level' in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade pay or Scale specified in Part A of the Schedule."
4. In the light of implementation of the Revised (Pay) Rules, 2016, the regulation of pay on imposition of these penalties, is discussed in the subsequent paras:

A. Reduction to a lower stage of pay by one stage {Rule 11( iii a)}
On imposition of a penalty under this Rule, the pay would be fixed at the
next upper vertical cell in the same level in the pay matrix. In other words, in case of reduction by one stage, the revised pay would be the pay drawn in the same level at the stage before the last increment.

Note: The above mentioned penalty cannot be imposed on a Government

Servant drawing pay at the minimum of the Level.

B. Withholding of increment {Rule 11(iv)}

As already noted in para 2 above, increment is granted either on 1st January or 1st July of every year, as per the eligibility. Therefore, on imposition of penalty of withholding of increment, the next increment(s) due after the date of imposition of the penalty would be withheld. In case where penalty of withholding of multiple increments is imposed, increments due on 1st January or 1st July, as the case may be, in the subsequent years would similarly be withheld. The increment would be restored at the end of the period for which the penalty is imposed. The increments will be given on notional basis without arrears and without affecting date of next increment on restoration of increment.
This also applies to cases where the penalty is imposed for part of a year.

For instance, if the penalty of withholding of one increment for six months is imposed on a Government servant in October 2017, then withholding of increment will be on following manner:
When the date of increment is 1st January ?
The increment falling due on 1.01.2018 will be withheld for a period of next six months, that is, till 30.06.2018. The increment would be released on 1.07.2018 without arrear.

When the date of increment is on 1st July ?
The increment falling due on 1 07.2018 will be withheld for a period of next six months, that is, till 31.12.2018. The increment would be released on 01.01 .2018 without arrears.
C. Reduction to a lower stage in the time-scale of pay for a specified period [Rule 11( v)]
The process of imposition of penalty of reduction by one stage under Rule 11(iii a) explained above shall be repeated for every additional stage of reduction to the lower vertical cell in the same level of pay in the Pay Matrix.

Note 1: It is not permissible to impose a penalty under this rule if the pay after imposition of the penalty would fall below the first cell of the same Level.

Note 2: Disciplinary Authority may weigh all factors before deciding upon the quantum of penalty i.e. the number of stage by which the pay is to be reduced.

D. Reduction to lower time-scale of pay under Rule 11(vi)
In the case of imposition of penalty of reduction to lower time-scale of pay, the pay of the Government servant would be reduced to the stage of pay he/she would have drawn had he/she continued in the lower post for the period of penalty. The mode of fixation of pay in this case is similar to reversing the mode of fixation of pay on promotion.

However, Disciplinary Authority has the power, in terms of FR 2g, to indicate the pay which the Government servant on whom a penalty of reduction in rank has been imposed, would draw.
It may also be noted that a Government servant cannot be reduced in rank to a post not held earlier by him in the cadre.

For example.
  • A direct recruit Assistant Section Officer cannot be reduced to the lower rank like SSA/JSA.
  • A Government servant holding any post like LDC/ Tax Assistant etc. who qualifies as Assistant Section Officer as a Direct Recruit and is later promoted as section officer cannot be reduced to the rank, which was earlier held by him before ASo (DR) but only to that of an Assistant Section Officer.
5. Some illustrations on pay fixation on the above cases are annexed

6. In so far as the personnel serving in Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller and Auditor General of India.

7. Hindi version will follow
(Satish Kumar)
Under Secretary to the Govt. of India
Annexure-l
ILLUSTRATIONS
Reduction to lower stage in the time-scale of Pay

Example


LevelCellPay
On the date of Penalty97Rs. 63300
Reduction by 1 Stage96Rs.61500
Reduction by 2 Stage95Rs.59700
Reduction by 3 Stage94Rs. 58000
Reduction by 4 Stage93Rs. 56300
Reduction by 5 Stage92Rs.54700

Example: 2

Level Cell Pay
On the date of Penalty93Rs. 56300
Reduction by 1 Stage92Rs.54700
Reduction by 2 Stage91Rs. 53100
Reduction by 3 Stage******
Reduction by 4 Stage


Reduction by 5 Stage



** In the above illustration, a penalty of reduction by more than two stages would fall below the first cell of the same Level, such a penalty therefore, would not be implementable. Therefore, while imposing the penalty of reduction to a lower stage in time-scale of pay under Rule 11 (v) of the CCS (CCA) Rules, 1965, Disciplinary Authority may weigh all factors before deciding upon the quantum of penalty, i.e. the number of stages by which the pay is to be reduced.

Source: DoPT
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DoP - Revision in period of Induction training of PA-CO/ RO/ DO


DoP - Revision in period of Induction training of PA-CO/ RO/ DO

No: 01-64/2009-Trg. (Vol.III)
Government of India
Ministry of Communications
Department of Posts
(Training Division)
Dak Bhawan. Sansad Marg,
New Delhi - 110001
Dated: 17.06.2019
To,
All CPMsG
Director, All PTCs
Assistant Director, RTC, Nashik

Subject: Revision in period of Induction training of PA-CO/ RO/ DO

In suppression of the instructions on the subject matter contained in the Division's letter no.01-74/2009-Trg. dated 19-01-2015, it has been ordered by the Competent Authority that the Induction training of PA-CO/ RO/ DO will henceforth be of 4 weeks only, which will include three weeks of Institutional training at PTCs/ RTCs at the started course followed by one week of field attachment at the place of posting. A certificate of succesfull completion of field attachment is to be forwarded to PTCs/ RTCs by Circle concerned for each trainee, where these certificates will be kept on record before issuing certificate of successful completion of Induction training.

Probation and / or confirmation of such officials along-with PA-SBCO and PA-Foreign Posts will be governed as per instructions contained in Directorate letter no.37-47/ 2010- SPB-I dated 16-04-2015 and Training Division's letter no.01-2/2010- Trg. dated 22-03-2017. Its is informed that Induction/In-service training of PA-Foreign Posts is proposed to be conducted at PTCs/ RTCs in near future.

Duration of such training, currently being conducted in the department, need not to be altered after issue of these instructions. PTCs/ RTCs are requested to issue suitable orders in respect of all such forthcoming training at their centre.

This has the approval of the competent authority.
(Priyanka Mishra)
ADG (Training)
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Holidays to be observed in Central Government Offices during the year 2020


Holidays to be observed in Central Government Offices during the year 2020

Central-Government-Employees-Holiday-list-2020

CENTRAL GOVERNMENT HOLIDAY LISTS 2020


F.No.12/1/2019 - JCA-2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
Establishment (JCA-2) Section
North Block, New Delhi
Dated the 18 June, 2019
OFFICE MEMORANDUM

Subject: Holidays to be observed in Central Government Offices during the year 2020 - reg.

It has been decided that the holidays as specified in the Annexure -I to this O.M. will be observed in all the Administrative Offices of the Central Government located at Delhi / New Delhi during the year 2020. In addition, each employee will also be allowed to avail himself / herself of any two holidays to be chosen by him / her out of the list of Restricted Holidays in Annexure - II.

Central Government Administrative Offices located outside Delhi / New Delhi shall observe the following holidays compulsorily in addition to three holidays as per para 3.1 below:
  1. REPUBLIC DAY
  2. INDEPENDENCE DAY
  3. MAHATMA GANDHI'S BIRTHDAY
  4. BUDDHA PURNIMA
  5. CHRISTMAS DAY
  6. DUSSEHRA (VIJAY DASHMI)
  7. DIWALI (DEEPAVALI)
  8. GOOD FRIDAY
  9. GURU NANAK'S BIRTHDAY
  10. IDU'L FITR
  11. IDU'L ZUHA
  12. MAHAVIR JAYANTI
  13. MUHARRAM
  14. PROPHET MOHAMMAD'S BIRTHDAY (ID-E-MILAD)
3.1. In addition to the above 14 Compulsory holidays mentioned in para 2, three holidays shall be decided from the list indicated below by the Central Government Employees Welfare Coordination Committee in the State Capitals, if necessary, in consultation with Coordination Committees at other places in the State. The final list applicable uniformly to all Central Government offices within the concerned State shall be notified accordingly and no change can be carried out thereafter. It is also clarified that no change is permissible in regard to festivals and dates as indicated.
  1. AN ADDITIONAL DAY FOR DUSSEHRA
  2. HOLI
  3. JANAMASHTAMI (VAISHNAVI)
  4. RAMNAVAMI
  5. MAHA SHlVRATRI
  6. GANESH CHATURTHI I VINAYAK CHATURTHI
  7. MAKAR SANKARANTI
  8. RATHYATRA
  9. ONAM
  10. PONGAL
  11. SRI PANCHAMI / BASANT PANCHAMI
  12. VISHU/ VAISAKHI / VAISAKHADI / BHAG BIHU / MASHADI UGADI/ CHAITRA SUKLADI / CHETI CHAND I GUDI PADAVA /1ST NAVRATRA / NAORAZ / CHHATH POOJA / KARVA CHAUTH.
3.2 No substitute holiday should be allowed if any of the festival holidays initially declared subsequently happens to fall on a weekly off or any other non-working day or in the event of more than one festivals falling on the same day.

4. The list of Restricted Holidays appended to this O.M. is meant for Central Government Offices located in Delhi / New Delhi. The Coordination Committees at the State Capitals may draw up separate list of Restricted Holidays keeping in view the occasions of local importance but the 9 occasions left over, after choosing the 3 variable holidays in para 3.1 above, are to be included in the list of restricted holidays.

5.1 For offices in Delhi / New Delhi, any change in the date of holidays in respect of Idu'l Fitr, Idu'l Zuha, Muharram and Id-e-Milad, if necessary, depending upon sighting of the Moon, would be declared by the Ministry of Personnel, Public Grievances and Pensions after ascertaining the position from the Govt. of NCT of Delhi (DCP, Special Branch, Delhi Police).

5.2 For offices outside Delhi / New Delhi, the Central Government Employees Welfare Coordination Committees at the State Capitals are authorised to change the date of holiday, if necessary, based on the decision of the concerned State Governments / Union Territories, in respect of Idu'l Fitr, Idu'l Zuha, Muharram and Id-e-Milad.

5.3 It may happen that the change of date of the above occasions has to be declared at a very short notice. In such a situation, announcement could be made through P.LS/T.V./ A.LR./ Newspapers and the Heads of Department / Offices of the Central Government may take action according to such an announcement without waiting for a formal order, about the change of date.

6. During 2019, Diwali (Deepavali) falls on Saturday, November 14, 2020 (Kartika 23). In certain States, the practice is to celebrate the occasion a day in advance, i.e., on "Naraka Chaturdasi Day". In view of this, there is no objection if holiday on account of Deepavali is observed on "Naraka Chaturdasi Day (in place of Deepavali Day) for the Central Government Offices in a State if in that State that day alone is declared as a compulsory holiday for Diwali for the offices of the State Government.

7. Central Government Organisations which include industrial, commercial and trading establishments would observe upto 16 holidays in a year including three national holidays viz. Republic Day, Independence Day and Mahatma Gandhi's birthday, as compulsory holidays. The remaining holidays / occasions may be determined by such establishments/ organisations themselves for the year 2020, subject to para 3.2 above.

8. Union Territory Administrations shall decide the list of holidays in terms of Instructions issued in this regard by the Ministry of Home Affairs.

9. In respect of Indian Missions abroad, the number of holidays may be notified in accordance with the instructions contained in this Department's O.M. No. 12/5/2002-JCA dated 17th December, 2002. In other words, they will have the option to select 11 (Eleven) holidays of their own only after including in the list, three National Holidays and Republic Day, Id-ul-Zuha (Bakrid), Independence Day, Muharram, Dussehra and Diwali included in the list of compulsory holidays and falling on days of weekly off.

10. In respect of Banks, the holidays shall be regulated in terms of the extant instructions issued by the Department of Financial Services, Ministry of Finance.

Hindi version will follow.
(Juglal Sigh)
Deputy Secretary to the Govt. of India

ANNEXURE-I

LIST OF HOLIDAYS DURING THE YEAR 2020 FOR ADMINISTRATIVE OFFICES OF CENTRAL GOVERNMENT LOCATED AT DELHI/ NEW DELHI

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