MATHEW F. V. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a retired Sales Tax Officer.As a result of disciplinary action taken against him the second respondent passed Exhibit P -3 order which is as follows: "The Board orders that the next increment of Sri P.V.Mathew,Additional Sales Tax Officer I, Ponkunnam. in the time scale of Rs.1370 -40 -1530 -60 -1830 -80 -2470 -85 -2640 be barred with cumulative effect." The petitioner filed Exhibit P -4 appeal before the first respondent.The first respondent confirmed Exhibit P -3 in Exhibit P -5.The third respondent informed the second respondent that Rs.3,600 must be recovered from the petitioner.The reasoning in Exhibit P -6 was that the above amount represents the monetary equivalent of one increment with cumulative effect.It is Exhibit P -6 that is really under challenge before this Court.In order to understand the scope and ambit of Exhibit P -6 and the rival contentions put forward by the learned Counsel on both sides it is necessary to refer to R.11(iii)of the Kerala Civil Services(CC and A)Rules: "( iii)Withholding of increments or promotion: Note.( 1)Withholding of increments may either be permanent or temporary for a specified period.But withholding of promotion shall be only temporary for a specified period. (2)Temporary period of withholding of increments shall not be less than three 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. (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 death cum retirement gratuity. Explanation.In case of stoppage of increment with cumulative effect the monetary value equivalent to the amount of increments ordered to be withheld may be recovered." According to the above provisions,withholding of increments can either be permanent or temporary for a specified period.Temporary period of withholding of increment shall not be less than three months and shall not be more than three years.If 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 and his D.C.R.G.In case of stoppage of increments with cumulative effect the monetary value equivalent to three times the amount of increments ordered to be withheld may be recovered.

(2.) IT is the explanation that has been pressed into service by the third respondent while ordering the recovery of the monetary value equivalent to three times the amount of increments ordered to be withheld.

(3.) IN Note(3)to R.11(iii)it has been specifically stated that in case the order cannot be given effect to,the monetary value equivalent to the amount of increments ordered to be withheld can be recovered from the pay of the officer or from the pension or D.C.R.G.of the pensioner.In this case the next increment of the petitioner did not fall due before his retirement.Therefore,in such cases only the monetary value equivalent to three times of the amount of increment can be recovered in view of the Explanation.When the order specifically says that it is the next increment that was barred,there was no necessity to calculate on the basis of the increment for three years.