### Entitlement to Performance Related Incentive Scheme (PRIS) benefits during pendency of disciplinary proceedings and penalty currency.

The applicant, a Scientist ‘SD’ at the Laboratory for Electro-Optic System (LEOS), was placed under suspension in May 2020 (revoked in December 2020) and subjected to disciplinary proceedings.

On 10.11.2023, the proceedings concluded with a major penalty: reduction to a lower post for three years, a bar on promotion, and postponement of future increments.

The applicant seeks the benefit of the Performance Related Incentive Scheme (PRIS)—comprising Organisational (OI), Group (GI), and Individual (II) Incentives—claiming that despite the disciplinary action, his APAR gradings were "outstanding".

The respondents contended that per OM dated 06.02.2009, incentives are withdrawn upon initiation of disciplinary proceedings or suspension, and his penalty is currently in currency until 09.11.2026.

1. Whether the applicant is entitled to Performance Related Incentive Scheme (PRIS) benefits (OI, GI, and II) during the pendency of departmental proceedings and the subsequent currency of a penalty.

The court primarily applied the Performance Related Incentive Scheme (PRIS) guidelines issued by the Department of Space (DOS) via OM dated 06.02.2009 and 28.07.2010.

Specifically, Para 4(iii) of the OM dated 06.02.2009 mandates the immediate withdrawal of Special Allowances upon the initiation of disciplinary proceedings or suspension.

The court also referred to Section 20 of the Administrative Tribunals Act, 1985, which requires an applicant to exhaust all available departmental remedies before approaching the Tribunal.

The Tribunal observed that while the 2009 OM explicitly disqualifies employees from Organisational Incentives (OI) during disciplinary proceedings, the language regarding Group (GI) and Individual Incentives (II) was less explicit.

However, the respondents produced a Memo dated 08.02.2016 clarifying that GI is subject to the same eligibility conditions as OI.

The court noted that a recent OM dated 09.09.2024 allows for GI/OI to be considered on a case-to-case basis in consultation with the Vigilance Division, but this was effective only from 01.01.2023 and not applicable to the majority of the applicant's claim period (2020–2023).

Crucially, the Tribunal found that the applicant had not proven he successfully served his representation to the competent authority (Respondent No. 2), as there was no acknowledgment of receipt.

The court directed the applicant to file a fresh representation within four weeks, which the competent authority must dispose of in accordance with the law within eight weeks thereafter. The OA was disposed of without costs, leaving all legal contentions open.