Warning is a discplinary action ??
saby koles
(Querist) 28 July 2011
This query is : Resolved
Will giving a written warning to a subordinate for a fault of his deemed to be a discplinary action ? Or, if for a particular fault, the subordinate has been given a written warning but the higher auth ask for further discplinary action for the same offence, can the subordinate be recalled and given a sterner punishment after he has been given the written warning ??
Advocate. Arunagiri
(Expert) 28 July 2011
Till the action on the offense is closed, the higher authority is having the discretion to proceed further to give punishment.
prabhakar singh
(Expert) 28 July 2011
Expert Advocate. Arunagiri has rightly opined.
K.S.Srinivas
(Expert) 28 July 2011
1. Written warning amounts disciplinary action.
2. Higher authorities are not debarred taking action or reopen the case inspite of the fact that the lower authority given warning.
Guest
(Expert) 28 July 2011
Warning is NOT a disciplinary action. It merely warns the employee to be careful for future and can be a prelude to any diciplinary action in future. However, in normal course, if the fault is continued on the part of the employee the instance of warning can also be taken in to account while framing a charge sheet against the employee for taking disciplinary action against him.
prabhakar singh
(Expert) 28 July 2011
warning is a punishment just as till rise of the court, none of us should get confused.
Isaac Gabriel
(Expert) 29 July 2011
Initiation of disciplinary action results in awarding punishment.In this case the warning
is considered as a punishment.If the revisionary athority i.e the superior authority feels the 'warning' does not commensurate with the charge, the suo moto power could be invoked to review the same and award any higher punishment like censure,stoppage of increments etc.,If the warning is issued orally without any disciplinary action, it may not be serious or affect the career.
K.S.Srinivas
(Expert) 29 July 2011
I agree with Mr.Isaac Gabriel.
Guest
(Expert) 30 July 2011
Probably learned members are confusing the term "warning" with reference to the judicial process in a court of law, while the question of the author relates to the administrative process on the part of a disciplinary authority within an organization.
In the administrative process of discipline and appeal rules for a Cental Government employee, according to the CCS (CCA) Rules 1965, none of the nine (9) types of recognised penalties cosist "warning" as a punishment while the case is dealt within any department. The lowest type of penalty is termed as "Censure" that can be awarded to an employee, that too after observing due process prescribed under the said rules by serving due charge sheet to the employee. Similar are the provisions in the Discipline & Appeal Rules of the states, which follow the pattern of the aforesaid rules.
About "WARNING," the Government, vide DOPT O.M. No. 11012/6/2008-Estt. (A) dated 7th July, 2008, has amply clearly clarified the issue under paragraph 2(ii) that warning does not amount to a penalty. Part of the said sub-paragraph is reproduced below for the information of all concerned:
(ii) Warnings, letters of caution, reprimands or advisories administered to Government servants do not amount to a penalty.
Naturally, if the employee decides to file a case in a court of law treating warning as a punishment, as per the advice received from some experts, he is sure to lose his case, as the Government would readily come prepared with the plea that it had already clarified the point that warning should not be treated as a penalty in the departmental inquiry cases.
