Panchayat:Repo18/Law Manual Page0600

(ii) the period of withholding of increment shall not be less than three months and not more than three years. There will not be any cumulative effect on withholding of increment and shall not have the effect of postponing future increments;

(iii) withholding of promotion shall be temporarily for a specific period and this period shall not be less than six months and not more than three years;

(iv) if the period is not specified in the order of withholding of increment or promotion it will be deemed to be three months and six months respectively;

(v) in the case where the order of withholding of increment cannot be given effect to the monetary value equivalent to the amount of increments ordered to be withheld will be recovered from the salary of the concerned officer;

(vi) recovery of amount from salary as a penalty shall be made only when pecuniary loss is caused to the Panchayat by the Act of the officer; Snow (vii) withholding of promotion of the officer concerned shall not entail loss of seniority in the grade for the time being he is working;

(viii) an officer whose promotion is withheld, shall if and when promoted to a higher grade or to higher time-scale subsequently, on promotion take his place at the bottom of the higher grade or higher time-scale.

(2) In the case where Panchayat initiates disciplinary action against an officer of the Panchayat referred to in Section 180 for an offence, the Secretary shall not, and in case where the Secretary initiates disciplinary action under clause (ix) of Section 182, the Panchayat shall not initiate disciplinary action against such person for the same offence.

(3) Notwithstanding anything contained in sub-rule (1) the concerned appointing authority and disciplinary authority shall have the power to initiate disciplinary action against the Secretary or Government officer or employee whose service has been lent to Panchayat under sub-section (2) of Section 176 or under sub-section (1) of Section 181.

(4) In the case where Panchayat initiates disciplinary action for an offence, against Secretary or Government officer or employee whose service has been lent to Panchayat, the concerned appointing authority or disciplinary authority and in the case where the appointing authority or disciplinary authority initiates disciplinary action under sub-rule (3) the Panchayat, shall not initiate disciplinary action, against such person for the same offence.

(5) In the case where the Secretary under clause (xi) of Section 182 or by the appointing authority or disciplinary authority, as the case may be, under sub-rule (3), initiates disciplinary action against an employee whose service has been lent to Panchayat, it shall be in accordance with the Kerala Civil Service (Classification, Control and Appeal) Rules, 1960.

(6) If the Panchayat so decides, the Panchayals may require the Secretary to initiate disciplinary action for any offence against an employee of the Panchayat and the concerned disciplinary authority to intimate disciplinary action against a Government officer or employee whose service has been lent to Panchayat.

5. Procedure to issue memo of charges.-

(1) Where on the basis of available informations, the President or the Panchayat prima facie is satisfied that an officer has committed an offence referred to in sub-rule (1) of Rule 4 and disciplinary action has to be initiated against him, the Panchayat has to decide, whether disciplinary action has to be initiated against that person and if the Panchayat so decides a notice requiring to show-cause for not initiating such disciplinary action shall be issued to the concerned officer. In the case of Secretary, the notice shall be issued by the President and in the case of an officer other than the Secretary, by the Secretary, as per the orders of the President: