Subject: CCS (CCA) Rules, 1965 – Clarification regarding effect of warning. censure etc on promotion
The undersigned is directed to refer to this Department’s OM. No 11012’6I2008-EsttlA) dated 7‘“ July. 2008 on the above mentioned subject and to say that vide para 2(iii) of the said OM. it was instructed that where a departmental proceeding has been instituted. and it is considered that a Government servant deserves to be penalized for the offencelmisconduct. one of the presaibed penalties may only be awarded and no warning. recordable or otherwise. should be issued to the Government servant. However. while considering cases for empanelment. the ACC has observed that in many cases. rather than exonerating the oilicer or imposing a penalty on him. administrative warning is issued even when disciplinary proceeding were drawn against him. Administrative warning is not recognized as a penalty.
2. In view of the above, the following position as contained in various instructions issued so far on warning/Censure etc. are reiterated lor strict compliance:-
(i) As Clarified in the Ministry of Home Affairs OM. No. 3912166-EstttA) dated 13″ December 1956. warning is administrated by any authority superior to a Government employee in the event at minor lapses like negligence. carelessness. lack of thoroughness. delay etc. It is an administrative device in the hands of superior authorities for wutioning the Government employees with a view to toning up efficiency and maintaining discipline. Therefore no objection to the continuance of this system. However where a copy of the warning is also kept in the Confidential Report dossier. it will be taken to constitute an adverse entry and the officer so warned will have the right to represent against the same in accordance with the existing instructions relating to communication of adverse remarks and consideration of representations against them.
(ii) Where a departmental proceeding has been instituted under the provisions of CCS(CC&A) Rules 1965. after the conclusion of disciplinary proceedings, the officer is either exonerated or where it is considered that some blame attaches to the olflcer. he should be awarded one of the recognized statutory penalties as given in Rule 11 of the CC8 (CCA) Rules. 1965 is at least ‘Censure’ should be imposed- In such a situation a warning, recordable or otherwise should not be issued.
(iii) Warning, letter of caution reprimands or advisories administered to Government servants do not amount to a penalty and therefore will not constitute a bar for consideration of such Government servants for promotion.
3. All the disciplinary authorities in Ministries/Departments are therelore requested to keep in view the above guidelines while dealing with disciplinary case against the Government servants
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