Centre makes it easy for civil servants as warnings won't be counted as 'penalty'

Hyderabad: Warnings, letters of caution, reprimands or advisories issued to All India Service officials or government staff will be not recognised as ‘penalty’, and will not constitute a bar for their promotions. Only those officials or staff against whom disciplinary action has been initiated and penalty imposed would be barred from promotions.

This follows the Centre amending rules after several officials complained that they were being denied promotions just because a warning or letter of caution was issued to them.

In its circular sent to all the state governments, the Centre’s department of personnel and training made it clear that “where a departmental proceeding has been instituted, and it is considered that a government servant deserves to be penalised for the offence/misconduct, one of the prescribed penalties may only be awarded and no warning, recordable or otherwise, should be issued to the government servant.

“While considering cases for empanelment, it has been observed that in many cases, rather than exonerating the officer or imposing a penalty on him, administrative warning is issued even when disciplinary proceedings were drawn against him. Administrative warning is not recognised as a penalty,” the circular from the Union department for personnel and training, which oversees staff matters, said.

The circular stated, “Warning is administrated by any authority superior to a government employee in the event of minor lapses like negligence, carelessness, lack of thoroughness, delay etc. It is an administrative device in the hands of superior authorities for cautioning the government employees with a view to toning up efficiency and maintaining discipline. There is, 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.”

“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 officer, he should be awarded one of the recognised statutory penalties or at least ‘censure’ should be imposed. In such a situation, a warning, recordable or otherwise, should not be issued.”

It asked all disciplinary authorities in ministries/departments to keep in view these guidelines while dealing with disciplinary case against government servants.