The undersigned is directed to state that references have been received seeking clarification on whether the instructions contained in DGP&T Letter No. 3/313/70-Disc-I dated 17.08.1971 are applicable to government servants serving in other Ministries/Departments.
The said DGP&T instructions state that recovery from the pay of a government servant, as a punishment for any pecuniary loss caused to the Government due to negligence or breach of orders, should not exceed one-third of the basic pay (excluding dearness pay or any other allowances) and should not be spread over more than three years. However, no such limits have been prescribed under the statutory provisions of Rule 11(iii) of the CCS (CCA) Rules, 1965.
Upon examination of the matter in consultation with the Ministry of Law, it has been observed that the DGP&T instructions merely prescribe a procedural mechanism for effecting recovery under Rule 11(iii) of the CCS (CCA) Rules, 1965. These procedural instructions cannot amend, supersede, or modify the substantive provisions of Rule 11(iii). While the disciplinary authority is expected to ensure that the penalty imposed is not unduly harsh or disproportionate to the negligence or misconduct leading to the loss, there is no necessity to fix a rigid limit for recovery.
Accordingly, the DGP&T instructions in this regard are to be treated as unwarranted. The implication of this Office Memorandum (OM) is that the entire pecuniary loss may be recovered from the delinquent official, with the recovery being spread over an appropriate period until the full amount is recovered.
(Smt. S. Bandopadhyay)
Director
