Legal Question in Administrative Law in India
Administrative law & Government service
I am a government servant. After a departmental enquiry against me , penalty is imposed on me with a sentence
'' stoppage of next three increment from my salary with out
any cummulative affect''. What is the meaning of this or what do it mans ? Can I move to the court against this ?
4 Answers from Attorneys
Re: Administrative law & Government service
The order means, that you will not be given 3 annual increments from the date of order. At the end of third year, yo will be released all the 3 year increments with monitery benifit from that date(release date) only. You can file the appeal against it as per the rules applicable to your services.
Re: Administrative law & Government service
Without exhausting alternative remedy, one cannot go ahead. Depending upon service rules, first appeals lies before departmental head, then one may seek the remedy of higher court. You will be allowed monitory benefits after three years.
Re: Administrative law & Government service
Already replied.
Re: Administrative law & Government service
Depending your service rules, the punishment order may possibly be challenged before the next higher authority by way of departmental/statutory appeal.
Rushing to the court without first exhausting remedies available under rules, if any, may not be proper.
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