Section 11 in Kerala Civil Services (Classification, Control & Appeal) Rules, 1960
11. The nature of penalties.
(1)The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely :(i)Censure;(ii)Fine (in the case of persons on whom such penalty may be imposed under these rules);(iii)Withholding of increments or promotion temporarily for a specified period.Note :- (1) * * * * ***(2)Temporary Period Of Withholding Of Increments Shall Not Be Less Than 3 Months And The Temporary Period Of Withholding Of Promotion Shall Not Be Less Than Six Months And Both Shall Not Be For More Than Three Years. If The Period Is Not Specified In The Order It Will Be Deemed To Be 3 Months In The Case Of Temporary Withholding Of Increments And 6 Months In The Case Of Temporary Withholding Of Promotion. Temporary Withholding Of Increments Shall Mean Withholding Of Increments Without Cumulative Effect I.E., It Shall Not Have The Effect Of Postponing Future Increments.(2A)The minimum period of permanent barring of increment shall not be less than one year and the maximum period shall not be for more than three years. Permanent barring of increment shall mean withholding increment with cumulative effect, i.e., it shall have the effect of postponing future increments.(3)In case the order of withholding of increments cannot be given effect to the monetary value equivalent to the amount of increments ordered to be withheld will be recovered from the pay of the officer. If the officer retires from service before the recovery could be effected, the amount will be recovered from his pension or Deathcum- Retirement Gratuity.(4)Withholding of promotion shall not entail loss of seniority in that grade.(5)An Officer whose promotion is withheld, shall, if and when promoted to a higher grade or higher time scale subsequently, on promotion, take his place at the bottom of the higher grade or higher time scale.(iv)(a)Recovery from pay of the whole or part of any pecuniary loss caused to a State Government or the Central Government or to a local authority by negligence or breach of orders ;(v)Reduction to a lower rank in the seniority list or to a lower grade or post or time scale whether in the same service or in another service, State or Subordinate, or to a lower stage in a time scale;Note:- (1) The period of reduction shall not be less than six months and not more than five years. If the period is not specified in the order, the period of reduction shall be deemed to be six months:Provided that in the case of reduction of rank in the seniority list, such reduction shall be permanent.(IA)Reduction to a lower grade or post shall be to the grade or the post immediately lower to the grade or the post held by the officer, but not to a grade or post lower than the grade or post to which he was initially appointed.(2)Reduction to a lower stage in the time scale can be with or without the effect of postponing future increments. If no mention is made in this regard in the order of reduction, the reduction shall be deemed to be without the effect of postponing future increments.(3)An order of reduction to a lower post or to a lower time scale shall entail loss of seniority.(4)An officer so reduced shall take his place in the lower grade or in the lower time scale at the top of the list of officers in that grade or time scale. He shall be considered for promotion on the completion of the specified period of reduction. On promotion, he shall take his place at the bottom of the higher grade or higher time scale.(5)The previous service in the higher grade or time scale of a Government servant who has been reduced to a lower post or lower time scale shall on re-promotion to the higher grade or higher time scale count for increments, only subject to the provisions of Rule 36 of the Kerala Service Rules, Part I, Regulation 98 of the Travancore Service Regulation, Regulation 45 of the Cochin Service Regulations or Rule 29 of the Fundamental Rules, Madras, as the case may be.(6)Where the penalty of reduction to a lower stage in a time scale cannot be given effect to or becomes inoperative, the monetary value equivalent to the amount of reduction ordered shall be recovered from the pay of the officer and in case, the officer retires service before the amount could be recovered, the same may be recovered from his pension or Death-cum- Retirement Gratuity.(vA)Withholding of increments with cumulative effect.Explanation. - In case stoppage of increment with cumulative effect cannot be given effect to, the monetary value equivalent to three times the amount of increments ordered to be withheld may be recovered.(vi)Compulsory retirement;(vii)Removal from the Civil Service of the State Government which shall not be a disqualification for future employment unless otherwise directed specifically:(viii)Dismissal from the Civil Service of the State Government which shall ordinarily be a disqualification for future employment.(ix)Reduction of pension.Note. - The penalty of reduction of pension shall be imposed in such a manner that pension will not be reduced to nothing or to a nominal amount.Explanation. - The following shall not amount to a penalty within the meaning of this rule.(i)Withholding of increments of a Government servant for failure to pass a departmental examination or consequential to the extension of probation in accordance with the rules or orders governing the service or post or the terms of his appointment;(ii)Stoppage of a Government servant at the efficiency bar in the timescale on the ground of his unfitness to cross the bar;(iii)Non-promotion whether in an officiating or substantive capacity of a Government servant, after consideration of his case, to a higher grade or post, for promotion to which he is eligible;(iv)Reversion to a lower service, category, class, grade or post of a Government servant officiating in a higher service, category, class, grade or post on the ground that he is considered, after trial, to be unsuitable for such higher service, category, class, grade or post or on administrative grounds unconnected with his conduct;(v)Reversion to his previous service, category, class, grade or post of a Government servant appointed on probation to another service, category, class, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing probation;(vi)Replacement of the services of a Government servant whose services have been borrowed from the Central Government or another State Government or a local authority at the disposal of the authority which had lent his services;(vii)Compulsory retirement of a Government servant in accordance with the provisions relating to his superannuation or retirement;(viii)Termination of services.- (a) of a Government servant appointed on probation, during or at the end of the prescribed or extended period of probation, in accordance with the terms of his appointment or the rules and orders governing probation; or(b)of a Government servant employed under agreement, in accordance with the terms of such agreement; or(c)of a Government servant appointed otherwise than under contract to hold a temporary appointment on the expiration of the period of appointment; or(d)of a Government servant under Rule 24, Part I, Kerala Service Rules; or(e)of a Government servant under Rule 96 A, Part I, Kerala Service Rules.(2)The penalty of fine as such shall be imposed only on members of the Kerala Last Grade Service, members of the Kerala Part-time Contingent Service, Warders of the Jail Department and Villagemen. The infliction of very heavy fines and frequent infliction of small fines shall be avoided.Note. - Sub rule (2) of this rule shall be deemed to have come into force with effect on and from the 1st day of January 1966.
