Penalty of reduction to a lower time scale of pay, grade,post or service – imposition on permanent basis reg. (RBE No. 57/2008)

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Penalty of reduction to a lower time scale of pay, grade,post or service – imposition on permanent basis reg. (RBE No. 57/2008)

March 24, 2021, 3:35 PM

Penalty of reduction to a lower time scale of pay, grade,post or service – imposition on permanent basis reg. (RBE No. 57/2008)

RBE No.57/2008
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(D&A) 2008 RG6-11

New Delhi,

21/04/2008

The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).
Sub:

Penalty of reduction to a lower time scale of pay, grade,post or service-imposition on permanent basis reg.
A copy of Department of Personnel and Training’s O.M. No. 11012/2/2005Estt. (A) dated 14.5.2007 on the above subject is sent herewith. The contents of the
O.M. may please be brought to the notice of all concerned on your Railway for their information and guidance. Provisions of MHA’s O.M.s of 10.10.62 and 7.2.64 mentioned in Para 5 of the O.M. dated 14.5.2007 have been issued on the Railways under Board’s letter No. E(D&A) 62 RG6-46 dated 30.7.64 (copy enclosed). Though Clause (vi) of Rule 11 of CCS (CCA) Rules, 1965 pertaining to the penalty of reduction to lower grade/post brought out in Para 1 of O.M. dated 14.5.2007 is slightly differently worded compared to the provisions in Clause (vi) of Rule 6 of RS (D&A) Rules, 1968, there is no material difference between these rules in respect of the said penalty.

Please acknowledge receipt.
Sd/(Harish Chander)
Dy. Director Estt. (D&A)III
Railway Board
Copy of Board’s letter No.E(D&A) 62 RG6-46 dated 30.7.1964

The General Managers,
All Indian Railways,
CLW, DLW, and ICF etc..
Sub:

Fixation of seniority of a railway servant reduced to a lower post/grade/service for a specified period as a measure of penalty and subsequently re-promoted to higher post after the expiry of the period of punishment.

Attention is invited to Rule 1707(1)(iv)-R.I. which provides for the imposition of the penalty of:(1)

Reduction to a lower stage in a time-scale;
or
Reduction to a lower service, grade or post, or to a lower time-scale.

As regards item (1) above, Rule 2025(1)-R.II and Note (1) under Rule 1715R.I. provide that if a railway servant is reduced as a measure of penalty to a lower
stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective and whether on restoration, the period of reduction shall operate to postpone his future increments and, if so, to what extent. In such cases, the seniority of the person concerned shall remain unaffected.

As regards item (2) above, Rule 2025(2)-R.II and Note (2) below Rule 1715R.II. provide that if a railway servant is reduced as a measure of penalty to a lower
service, grade or post or a lower time-scale, the Disciplinary authority ordering the reduction may or may not specify the period for which the reduction shall be effective but where the period is specified, that authority shall also state whether, on restoration, the period of reduction shall operate to postpone his future increments and, if so, to what extent. The scope of Rule 2025(2)-R.II has been clarified in Board’s letters No.F(E) 60-FR-1/4(I) & (II) dated 27.10.1960 and No.F(E) 61-FR-1/2 dated 10.7.1961.

The Board have now decided that the penalty of reduction to a lower service, grade or post, or to a lower time-scale should invariably be imposed for a specified period unless it is considered necessary that the period of reduction should be for an indefinite period. Where the order imposing such penalty does not specify the period of reduction and there is coupled with it an order declaring the railway servant
permanently unfit for promotion, the question of re-promotion will, obviously, not arise. In other cases where the period of reduction is not specified, the railway servant should be deemed to be reduced for an indefinite period, i.e. till such date as, on the basis of his performance subsequent to the order of reduction, he may be considered fit for promotion. On re-promotion, the seniority of such a railway servant should be determined by the date of re-promotion. In all such cases, the person loses his original seniority in the higher service, grade or post in entirety. On repromotion, the seniority of such a railway servant should be determined by the date of re-promotion without regard to the service rendered by him in such service, grade or post prior to his reduction. In cases where the penalty of reduction to a lower service, grade or post or lower time-scale is for a specified period, on expiry of the specified period, the employee concerned should be re-promoted automatically to the post from which he
was reduced. The seniority in the original service, grade or post or time-scale, should
be fixed in such cases as follows:(a)

In cases where the reduction is not to operate to postpone future increments, the seniority of the railway servant should be fixed in the higher service, grade or post or the higher time-scale at what it would have been but for his reduction.

(b) Where the reduction is to operate to postpone future increments, the seniority of the railway servant should be fixed by giving credit for the period of service rendered by him in the higher service, grade or post or the higher time-scale prior to his reduction.

5. An order imposing the penalty of reduction to a lower service, grade or post or to a lower time-scale should, inter alia, invariably specify –

the period of reduction, unless the clear intention is that the reduction should be permanent or for an indefinite period; and

(ii) where the period of reduction is specified, whether on re-promotion, the railway servant will regain his original seniority in the higher service, grade or post or the higher time-scale which had been assigned to him prior to the imposition of the penalty.

If the order of reduction is intended for an indefinite period, the order should be framed on the following lines:”A is reduced to the lower post/grade/service of X until he is found fit by the competent authority to be restored to the higher post/grade/service of Y”.
In cases where it is intended that the fitness of the railway servant for repromotion or restoration to his original position will be considered only after a
specified period, the order should be made on the following lines:”A is reduced to the lower post/grade/service of X until he is found fit, after a
period of ___ years from the date of this order, to be restored to the higher
post of Y”.

These instructions will have effect from the date of issue of this letter. Cases dealt with previously in accordance with the practice in vogue on Railways need not be re-opened.

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