Clarification regarding grant of ACP scale.

No.2/32/2012-2PR(FD)

From
The Financial Commissioner and Principal Secretary to
Government Haryana, Finance Department.

To
1. All the Heads of Departments in Haryana.
2. All the Divisional Commissioners in Haryana.
3. All the Deputy Commissioners/SDOs (Civil) in Haryana
4. Registrar, Punjab & Haryana High Court.

Dated, Chandigarh the 28-12-2012.

Subject: - Clarification regarding grant of ACP scale.

Sir,
   The following situation has been faced by different Administrative Departments in the grant of ACP scales:

   (i) Employee ‘X’ who was otherwise eligible for grant of ACP scale was denied the same on date ‘A’ because of an ongoing departmental inquiry/chargesheet (CS-I).

   (ii) Subsequently, the employee ‘X’ was cleared from the disciplinary inquiry and Chargesheet (CS-I) on date ‘B’.

   (iii) However, between the date ‘A’ and date ‘B’, the employee ‘X’ faced another departmental inquiry/chargesheet (CS-2), which was in the process on date ‘B’ when he was cleared of the chargeSheet (CS-I).

   2. The dilemma faced by the Administrative Department is whether (after date ‘B’) the employee ‘X’ is eligible to be granted the ACP scale with effect from date ‘A’ when he would have originally become eligible or not.

   3. Opinion of the Legal Remembrancer and Secretary to Government Haryana, Law & Legislative Department was obtained in the matter. The opinion is reproduced below for convenience:

   “Hon’ble Supreme Court in Delhi Jal Board vs. Mahinder Singh (2000)7 SCC 210 has held that where the departmental enquiry pending at the time when DPC had met and adopted the sealed cover procedure, ended in exoneration but by that time another departmental enquiry was initiated, pendency of the later departmental enquiry, held would not bar the benefit of the recommendation of DPC to the employee ‘concerned.

   Further, Hon’ble Punjab and Haryana High Court in Sant Lal vs. State of Haryana 2000 (3) RSJ 164 has also held that the enquiry which was started by issuance of a second charge-sheet in 1998 should not come in the way of petitioner for getting his case considered for promotion w.e.f. 8.12.1997 as it is a subsequent event than the date with effect from which he is to be considered for promotion. The aforesaid view also finds support from Hon’ble Punjab and Haryana High Court judgment passed in Veena Maritroo vs. Food Corporation of India and another 2008(1) RSJ 613....".

   4. Accordingly, in the situation described earlier, employee ‘X’ will become eligible for the ACP scale from date ‘A’ once the charge-sheet-1 is dropped. No impact of the subsequent charge-sheet-2/disciplinary inquiry will be caused in the matter.

   5. Accordingly, it is advised that similar matters may be dealt with by the Administrative Departments in future.

   6. Copy of this communication is also available on the website of the Finance Department www.finhry.gov.in.

Yours faithfully,

sd/-
Under Secretary Finance (PR)
for Financial Commissioner & Principal Secretary to
Government Haryana, Finance Department.

Source:http://finhry.gov.in/writereaddata/Instruction/Pay%20Revision%20Branch/6063.pdf