Penalty
Sudhir Ranjan
(Querist) 08 November 2015
This query is : Resolved
Query regarding Implementation of penalty-
1. I am an officer of ‘Indian Railway Service of Electrical Engineers’ recruited through Union Public Service Commission’s ‘Engineering Services Examination-1982’ held in Aug’1982. I joined the service on 27-02-1985 along with other officers of IRSEE-1982 Exam batch.
2. In 2002, a Memorandum of Charges’ (Major Penalty Charge Sheet – SF/5) was served to me.
3. The case was finalised in July 2005 when the Disciplinary Authority imposed the penalty vide his order dated 25-07-2005. The relevant paragraphs of the Order of D.A. are as below-
“ 13. In view of the above, I hold both the articles of charge proved against Shri Sudhir Ranjan and hold him responsible for serious misconduct mentioned above. Ends of justice will be met if a penalty of ‘reduction by two stages in the same time scale of pay for two years without cumulative effect,i.e., which will not have the effect of postponing future increments of pay’ is imposed on Shri Sudhir Ranjan, SrDEE/TRD/Dhanbad, which I hereby do.
14. Accordingly, the penalty of ‘reduction by two stages in the same time scale of pay for two years without cumulative effect,i.e., which will not have the effect of postponing future increments of pay’ is hereby imposed on the said Shri Sudhir Ranjan.”
4. An appeal against the above penalty order of DA was submitted by me on 26-09-2005 which was rejected by the Administration subsequently.
5. At the time of receiving the charge-sheet in late 2002, I was working as Sr Divisional Electrical Engineer at Dhanbad, in Selection Grade,i.e., in the grade 14300-18300 (5TH PC scales).
6. In 2004, promotion of officers of IRSEE (1982 Exam batch), to Senior Administrative Grade (SAG), were started. First officer of the batch was promoted to SAG on 21-05-2004. The officer just below me in the Seniority List of 1982 batch was promoted to SAG on 30-03-2005. However, I was not promoted due to the pending charge-sheet. Although I requested the administration to expedite the early finalisation of charge-sheet, it was not taken due care.
7. The charge-sheet was finalised on 25-07-2005. On implementation of penalty order dated 25-07-2005, my basic pay was reduced by 2 stages (i.e., by 2 increments) and frozen at that level.
8. After completion of penalty on 24-07-2007 , I was promoted to SAG on 03-08-2007. My pay was fixed at 18400/- in the scale 18400-22400, from 29-8-2007, when I actually joined as Chief Electrical General Engineer, at Bilaspur (CG)
9. I submitted a representation to Railway Administration stating that since the penalty was with non-cumulative effect, I should be given pay equal to my junior of original 1982 batch seniority list.
10. The Railway Administration replied that as per Railway Board Establishment Circular no.RBE 89/2005, such parity of pay will not be given to me, but my seniority will not be affected.
11. Upgradation of IRSEE 1982 Exam batch officers to Non-Functional HAG has been declared w.e.f. 29-07-2015. My name is not there in the list.
12. I have learnt through some reliable sources that my seniority has not been maintained at my original place with 1982 Exam batch, and has been reassigned with the batch whose promotion was in progress at the time I was promoted to SAG, i.e. , in Aug’2007.
13. This action has resulted in following additional implications, apart from my pay being reduced by 2 stages for 2 years ( which I would not have suffered, had this reduction not been there)–
(i) Less pay throughout, and smaller increments, right from the date of expiry of penalty, till date.
(ii) Loss of NF-HAG upgradation along with my juniors.
(iii) Expected delay in other career opportunities throughout my remaining service.
13. Is it correct implementation of a penalty with non-cumulative effect given by DA, as stated at para 3 ? Do I have any remedy ?
SUDHIR RANJAN
Sudhir Kumar, Advocate
(Expert) 09 November 2015
when penalty is not cumulative then its effect cannot travel beyond the specified period.
Rajendra K Goyal
(Expert) 09 November 2015
Send representation to the administration and if no relief, consult service law consultant and move legally.
R.K Nanda
(Expert) 09 November 2015
Query too long on free site.
krishna mohan
(Expert) 09 November 2015
you may consult legal counsel specialized on service matters in your area so that you can approach CAT for timely remedy there exists some cumulative effect as projected by you.
Kumar Doab
(Expert) 09 November 2015
You have narrated clearly.
You seem to have merits.
Consult an able counsel with copies of all docs on record.
Guest
(Expert) 10 November 2015
Dear Sudhir Ranjan,
Your main concern seems to be of your promotion consequent upon major penalty charge sheet that ended with award of minor penalty, not the issue of correct or incorrect implementation of the penalty.
In fact, your case needs to be examined very minutely on technical grounds.
Your claim for timely promotion to SAG depends upon the following factors:
1) No. of years of service required for qualifying to the SAG promotion, as per the RRs;
2) Year in which DPC was due as per rules on DPC, if due before the date of issue of charge sheet;
3) Year in which DPC was actually held;
4) Year of vacancies, prior to the date of issue of charge sheet, against which your batch fellows were promoted and whether your turn fell for promotion within such earlier vacancies or not;
5) Nature of recommendation of the DPC in sealed cover;
6) Year in which your junior was promoted, even on adhoc/ temporary basis;
Similarly, your promotion to HAG also depends upon the prescribed qualifying service in SAG cadre, as per RRs for HAG.
So, representation in layman's style may not help you get your promotion, if due earlier. If you can find the aforesaid information, even through RTI, your representation can be based on such ruling based facts, which you may not be aware of by now.
According to me, penalty is a secondary issue in your case.
Kumar Doab
(Expert) 10 November 2015
You need a counsel with expertise, experience and ability.
You can benefit from the counsel of Expert Shri P.S.Dhingra.
Dr J C Vashista
(Expert) 12 November 2015
Too long a story on this FREE site.
However, I agree with the expert advise of Mr. PS Dhingra.
Well advised by Mr. Kumar Doab take benefit of expetise and experience of Sh. PS Dhingra.
K.S.Srinivas
(Expert) 12 November 2015
Agred with Sri P.S.Dhingra and Sri Kumar Doab.
