Law: Civil Servants (Efficiency and Discipline) Rules, 2020--, -Government Servants (E & D) Rules, 1973

Section: R. 4(1)(a)(ii), S.4

Civil Servants (Efficiency and Discipline) Rules, 2020--

-----Government Servants (E & D) Rules, 1973----
R. 4(1)(a)(ii)--Service Tribunals Act, (LXX of 1973), S. 4--Withholding of increments--Departmental appeal--Rejected--Statement of allegations--False invoices--Performance allowance--Guilty of inefficiency stoppage of allowance--Consignment of laptops--Good declaration--Charge of illegal gratification--It was vibrant that increment or promotion could be withheld for a specific period--There was one increment given in one year so word used is increment and when period was stretched to more than one year, increments for all those years should be stopped--Stoppage of one increment for two years with cumulative effect would mean that two increments to be earned by employee would be cut off as a measure of penalty forever in his upward march on earning higher scale of pay--Clock is put back to a lower stage in time scale of pay and on expiry of two years clock starts working from that stage afresh--Regarding issue of cumulative effect of stoppage of increment this court was not convinced with stance of counsel for appellant on ground that “The Rule” is silent about effect of stoppage of increment--If law makers had intention that stoppage of increments should not have cumulative effect, they could have mentioned same in Rule--In Civil Servants (E&D) Rules, 2020
Rule 4(ii)(b) clearly mentioned maximum number of increments which could be stopped and it is also clearly mentioned that stoppage of increments shall not had cumulative effect--Petition dismissed.