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Imposition of penalty of reduction to a lower time scale of pay, grade, post or service for a specified period – Effect of penalty in the higher grade or post etc. on restoration of the railway servant to that higher grade or post on expiry of the penalty. (official digest)

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Official Railway Board digest, not the complete circular. Imposition of penalty of reduction to a lower time scale of pay, grade, post or service for a specified period – Effect of penalty in the higher grade or post etc. on restoration of the railway servant to that higher grade or post on expiry of the penalty.

Text of the circular

Imposition of penalty of reduction to a lower time scale of pay, grade, post or service for a specified period – Effect of penalty in the higher grade or post etc. on restoration of the railway servant to that higher grade or post on expiry of the penalty. (official digest)

RBE No. 217/2002 Date: 2002-11-28 Official source: https://indianrailways.gov.in/railwayboard/uploads/directorate/establishment/order_oct-dec.jsp

Official Railway Board digest - gist only, not the complete circular.

Reference: E(D&A)2001 RG 6-58 dt. 28.11.2002

Imposition of penalty of reduction to a lower time scale of pay, grade, post or service for a specified period – Effect of penalty in the higher grade or post etc. on restoration of the railway servant to that higher grade or post on expiry of the penalty. It has been brought to the notice of the Board by the NFIR that while imposing the penalty of ‘reduction to a lower grade, post etc.,’ for a specified period, the authorities use the terms ‘cumulative or recurring effect’, to convey the effect of the penalty in the higher grade or post, on restoration of the railway servant to that higher grade or post, on expiry of the penalty. It has been alleged that in such cases the railway administration(s) also denies seniority in the higher grade or post in addition to the effect of the penalty on the future increments of the railway servant though the authority imposing the penalty has not given any specific direction that seniority shall also be affected on restoration of the railway servant to that higher grade or post after expiry of the penalty. Attention in this servant to that higher grade or post after expiry of the penalty. Attention in this connection has been drawn to the instructions contained in Board’s letter No. E(D&A)73 RG 6-5 dated 22.2.1974. These instructions which were issued in pursuance to discussions in the forum of JCM/DC lay down that in cases where the penalty of reduction to a lower grade or post etc. is imposed for a specified period and the order does not specify whether it has effect on seniority and increments in the higher grade or post on restoration of the railway servant to that higher grade or post, it should be assumed that the order will not have the effect on seniority or increments. As the Railways are aware, in terms of Rule 6(vi) of RS (D&A) Rules, while imposing penalty of reduction to a lower grade or post etc., on a railway servant for a specified period, the authority imposing the penalty has also to pass directions regarding the effect of the penalty on the seniority and pay in the higher grade or post, on restoration of the railway servant to that higher grade or post after expiry of the penalty. The directions on seniority and pay are two separate ones and have to be passed independent of each other. For example, the authority imposing the penalty may order that the penalty will have the effect of postponing the future increments of pay of the railway servant in the higher grade or post on his restoration that higher grade or post but will not affect his seniority in the higher grade or post and vice versa. Likewise, the authority imposing the penalty may order that the penalty will have effect on both the seniority and pay of the railway servant or that the penalty will have no effect either on seniority or pay of the railway servant in the higher grade or post on his restoration to the higher grade or post. However, in each case these two directions should distinct and unambiguous. Where the authority imposing the penalty has not passed any specific directions regarding seniority or pay or both, of the railway servant in the higher grade or post, it will be held that the penalty will have not effect on seniority or increments or both, as the case may be, in the higher grade or post on restoration of the railway servant to that higher grade or post as laid down in Board’s letter of 22.2.1974, referred to above. In view of the above, the railway administra

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