Attention : All those who have been given punishment during VI CPC AND Vii CPC

Attention : All those who have been given punishment during VI CPC AND Vii CPC..

The punishment imposed for rule 16 charges are treated with the effect of punishment of rule 14 by wrong understanding of DDOS while restoring the pre penalty pay.

The rule are very much clear that the reduction of pay by one stage for not exceeding 3 years without cumulative effect and not adversely affecting the pension is kind of punishment prescribed for rule 16 charges.

But the disciplinary authority have chosen to add the provision to punishment that reduction have effect of postponing the increment resulted in adversely affecting the pension thereby violating the spirit of minor penalty.

Many such cases resulted in reduction of pay and in turn pension for Rule 16 proceedings .

Such of the cases have been adeptly dealt with Audit by our learned retired Sr.AO Shri.Prakash Sir and justice was done by restoring the pay after punishment period in Constance with Rule 16 punishment .

A draft copy of the representation in one the cases in which justice was done is posted hereunder.

The affected officials may be advised to prefer appeal to competent authority on the same line. The contact number of Prakash Sir is 9840831502 and he is gracious enough to guide in the event of any doubts and suitability of the case in hand for remedy.

Model Representation

From,       To The General Manager Postal Accounts & Finance, Tamil Nadu Circle, Ethiraj Salai Chennai -600 008. Also read :7th CPC National Anomaly Committee - Minutes of Meeting - Issue of Anomaly in Pay Matrix is kept alive     Respected Madam,               Sub: Request for cancellation of  Irregular objection raised in my C&R and revision                     of   pension and   other pension benefits-Reg                I humbly  submit the following for kind consideration of the General Manager (PA &F) and cause issue of   revised  PPO after regularaisation of the irregular objection in the C&R raised by the pension section .              I  am a pensioner and retired  on Superannuation from service  as Asst Post Master (A/Cs ) Melakaveri HO  on 31.12.2015.and holder of PPO number ._____________   During my service period I was  charge sheeted under Rule 16 of CCS CCA Rules 1965 by the Superintendent of Post Offices, ……………..Division, for  the charges framed against me  and minor punishment was  imposed for the same  vide SPOs , ……….Division, ,  ,vide memo No. NO. ………………  pertaining to the minor penalty . In the punishment orders  it was specifically mentioned that  “During the period of reduction the official will/will not  earn increments of pay and on expiry of period of punishment the  reduction  will not have the effect of postponing future  increments of Pay”.               The DDO / Post Master, …………HO had fixed the pay correctly  on expiry of punishment  in accordance with provision of Rules on the subject.    The Pension Sanctioning Authority ie Superintendent of Post Offices, ……. Division ,…  calculated  Pension and other Pension benefits ,after  admitting the pay fixation done by the DDO/Post Master, Melakaveri HO on expiry of punishment as correct and forwarded my pension papers to Postal Accounts office for authorization of  pension..             Where as the Pension Authorizing Authority had objected the fixation of pay done by the DDO/ Post Master, Melakaveri HPO on expiry of punishment was not correct ,  citing the illustration case 2A of OM No 6/3/2013-Estt (PayI) Of Ministry of Personnel & Public Grievances and pensioners , Department of Personnel  and Training dt 06.02.2014 and my pay  was reduced  by one stage  and pension was authorized accordingly. Instantly I have submitted my representation to the Pension Sanctioning Authority/ and the Pension Authorizing Authority to restore my pay and pension may be authorized as per  the fixation  originally done by the DDO which was correct  on the following grounds. 1)      As per para 11. (III) (a)  under headings Penalties of  OM  No. 6/3/2013-Estt-(Pay-I)1 dt 06.02.2014 and OM NO.1012/15/2016 –Estt A-III of Ministry of Personnel , Public Grievances  and Pensions, Dept of Personnel & Training  Minor penalties can be imposed with out  Cumulative effect and  not  adversely affecting pension of  Govt Servant. The same  is reproduced here under for ready reference. Also read :Discontinuance of Overtime Allowances except Operational staff & Industrial employees [DOP Order]   “ Reduction  to a lower stage in the time scale of pay by one stage for a period  not exceeding three years , with out cumulative effect and not adversely affecting his pension”. 2.)  Further the punishment mentioned in the illustration case  2A of OM No 6/3/2013-Estt   (PayI) Of Ministry of Personnel & Public Grievances and pensioners , Department of Personnel  and Training dt 06.02.2014 belongs to the category of punishment to be imposed under  Major penalties  Hence the said  illustration number  2A  above cited by the audit should not  be applied for raising  objection in the C&R , by the Pension Authorizing authority ,  as the penalty imposed in my case was  under Rule 16 of CCS CCA Rules 1965. . 3.)  On receipt of the objection from audit, If the DDO  had changed the fixation  of pay already  done correctly  and refixed  the pay and the irregular revised pension sanction issued by the Pension Sanctioning Authority (ie  Supt of Pos, ….   Dn, if any  based on the irregular objection raised by the Pension Authorizing Authority ie  General Manager/ Director of Postal Accounts  was highly incorrect   as per provisions of Rules on this subject for the years together. This has been very well  proven in the recently issued  clarifactory orders vide  case of History No.6 / 2 (as the case may be) of Ministry of Personnel , Public grievances and Pensions, Department of Personnel and Training OM No.11012/15/2016-Estt A –III dt 18.06.2019.. Photo copy of which is enclosed for kind and ready reference.  . 4)  Further more due to the reduction of one  stage by the Pension Sanctioning Authority my pension was reduced  by which the penalty became cumulative effect and there by  basic pension is  adversely affected which is against the provision of Rules explained in Para  1 above..   5)  In the light of the  irregular objection the penalty imposed in my case was  changed into  the Major penalty  that may be issued for the proceeding under Rule 14 of CCS CCA Rules 1965.  No authority either Disciplinary Authority  or  Reviewing Authority in the  Union Government is empowered to  impose punishment to be awarded pertaining to the Major Penalties for the proceedings under Rule 16 of CCS CCA Rules There fore I humbly request that my pension case may kindly be revisited on the above mentioned points and cause issue of revised Pension Payment Order and other pension benefits VIZ Retirement Gratuity, Commutation and Leave encashment and refund of recovery of excess payment of pay and allowances by cancelling the irregular objection raised  in the C& R , in my case by restoring my pay to  Rs.14970 +4600 on expiry of  punishment originally done by the  DDO ie Post Master , Melakaveri  HO. For which act of kindness I shall ever be thank full to the General Manager, Postal Accounts and Finance.   Thanking you Madam.    Yours faithfully Place :  Pinnathur Date : 24.07.2021