F. No. 11012/12/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk
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North Block, New Delhi,
Dated: 6th December, 2016
OFFICE MEMORANDUM
Subject: CCS (CCA) Rules, 1965 — Clarification regarding effect of warning, censure etc on promotion.
The undersigned is directed to refer to this Department’s O.M. No.
11012/6/2008- Estt.(A) dated 7th 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 offence/misconduct, one of the prescribed 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
officer 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 for
strict compliance:-
(i) As clarified in the Ministry of Home Affairs O.M. No.
39/21/56-Estt.(A) dated 13th December, 1956, 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.
(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 officer, he should be
awarded one of the recognized statutory penalties as given in Rule 11 of
the CCS (CCA) Rules, 1965 i.e. 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,
therefore, requested to keep in view the above guidelines while dealing
with disciplinary case against the Government servants.
4. Hindi version will follow.
(Mukesh Chaturvedi)
Director (E)
