Clarifications related to sub-rule (2) of F.R. 29
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF EXPENDITURE)
New Delhi-2, the 17th May, 1961.
Subject:-Clarifications related to sub-rule (2) of F.R. 29.
The undersigned is directed to refer to rub-rule (2) of Fundamental Rule 29 and to say that every order passed by a competent authority imposing on a Government servant the penalty of reduction to a lower Service, grade or post, or to a lower time-scale should indicate:-
(i) the date from which it will take effect and in cases where the reduction is proposed to be imposed for a specified period, the period (in terms of years and months) for which the penalty shall be operative. It should be noted that the reduction may be for an unspecified or an indefinite period and in cases where no period has been specified in the order of penalty, the conclusion is that the penalty is for an unspecified period.
(ii) the extent (in terms of years and months) of any, to which the period referred to at (i) above shall operate to postpone future increments on restoration, after the specified period. The period specified under this sub-clause shall in no case exceed the period specified under sub-clause (i) above.
2.When a Government servant is reduced to a lower Service, grade or post or to a lower time-scale whether for a specified or unspecified period, the pay in the lower Service, grade or post or lower time-scale, should be regulated in accordance with F.R. 28 as clarified in this Ministry’s O.M. No.F.2(47)-E.III/60 dated the 16th August, 1960 (copy enclosed). As regards the fixation of pay pf a Government servant on restoration to his old post after the expiry of the period of penalty, or on reappointment to the higher post in the normal course in cases where the reduction was for an unspecified or indefinite period, the position has already been clarified in paragraphs 4, 5 and 6 of this Ministry’s Office Memorandum dated the 16th August, 1960 referred to above.
Deputy Secretary to the Govt. of India.