Indian Kanoon - Search engine for Indian Law

59. Similarly, on the aspect of PRP, as per Ms. Raju, the same can be withheld if the employee is under suspension or any disciplinary proceedings have been initiated against him. In that regard, she has relied upon a clarification dated April 24, 2012 issued by NALCO, relevant part whereof reads as under:-

"1. PRP for the reckoning year i.e. year when disciplinary proceedings are initiated will be withheld.

2. However, once the reckoning year passes without completion of process and without imposition of penalty, PRP for the year passed will be released and the „reckoning year‟ will move on to the next year, in order to ensure that the condition on release of PRP i.e. no payment for the year of imposition of major penalty or 10% deduction from PRP for the year of imposition of minor penalty is fulfilled. This would, however, be ensured that one full year‟s PRP is withheld till the process is complete.

3. Hence, all cases of pending enquiry in which no penalty has been imposed till the date of issue of Circular on PRP, i.e. 12/04/2012, the „reckoning year‟ will be 2012-13 and PRP for the past years will be released, subject to above conditions."

60. The above state that during the period of suspension or pendency of disciplinary proceedings, PRP shall be withheld. In the case in hand, though no disciplinary proceedings were initiated, as the petitioner was suspended on February 26, 2011, and continued to be under suspension till the date of his termination, he shall only be entitled to PRP till the date of his suspension. In fact, his claim for PRP is also only till February 26, 2011. We hold that PRP as due on the date of his suspension, is payable to the petitioner.