No.22034/5/2004-Estt (D)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

…..

                                                                               December 15  , 2004 

 

OFFICE MEMORANDUM

 

Subject:-

Promotion of persons undergoing a penalty – clarification regarding.

 

The undersigned is directed to refer to DoPT OM No. 21/5/70-Estt (A) dated 15th May, 1971(reiterated vide O.M. No. 22011/2/78-Estt(A) dated 16.2.1979) and to say that in terms of the provisions of these Office Memoranda, a Government servant, on whom a minor penalty of withholding of increment etc. has been imposed should be considered for promotion by the Departmental Promotion Committee which meets after the imposition of the said penalty and after due consideration of full facts leading to imposition of the penalty, if he is still considered fit for promotion, the promotion may be given effect after the expiry of the currency of the penalty.  It has, however, been separately clarified vide Office Memorandum No. 22011/2/92-Estt (D) dated 30th November, 1995 that in such cases, the seniority would be fixed according to the position of the officer in the panel on the basis of which he is promoted on expiry of the period of currency of the penalty.

 

2. Doubts have been expressed regarding the pay fixation and date of commencement of the eligibility service in such cases.  It is clarified that since the promotion is to take effect only from a date subsequent to the expiry of the currency of the penalty, the officer would be entitled to pay fixation in the promotional grade with effect from the date of actual promotion only.  Even if a person junior to him in the panel is promoted earlier, it will have no bearing on the pay to be allowed  on promotion to the officer on whom a penalty was imposed, and there shall be no stepping up of his pay.

 

3. Similarly, as the officer undergoing penalty is not to be promoted during the currency of the penalty, the eligibility service in the promotional grade for further promotion shall commence only from the date of actual promotion and in no case, it may be related, even notionally, to the date of promotion of the junior in the panel.  

 

 

(Alok Saxena)

Director

 To

     All Ministries/Departments of the Government of India.

 

Copy to:-

 

1 The President’s Secretariat, New Delhi.
2 The Prime Minister’s Office, New Delhi.
3 Cabinet Secretariat, New Delhi.
4 Rajya Sabha Secretariat/ Lok Sabha Secretariat, New Delhi.
5 The Registrar General, Supreme Court of India.
6 The Registrar, Central Administrative Tribunal, Principal Bench, New Delhi.
7 The Comptroller and Audit General of India, New Delhi.
8 Union Public Service Commission.
9 Staff Selection Commission, New Delhi.
10 All attached offices under the Ministry of Personnel, Public Grievances and Pensions.
11 National Commission for SCs, New Delhi
12 National Commission for STs, New Delhi. 
13 Secretary, National Council(JCM), 13, Ferozeshah Road, New Delhi
14 Establishment Officer & A.S.
15 National Commission for OBCs, New Delhi.
16 All Officers and Sections in the Department of Personnel and Training.
17 Facilitation Center, DoP&T(20 copies).
18

Establishment (D) Section (200 copies).