Warning---is it a punishment in service laws?
S.B.adil rahman
(Querist) 29 January 2012
This query is : Resolved
Is warning in service Book awarded by the Disciplinary Authority after conclusion of the Departmental Proceedings against an employee is a punishment? Out of 2 Charges one charge could not be proved.On Charge No 2 which was stated to be proved by the Inquring Authority, the Disciplinary Authority did not agree and exonerated the employee with a warning to remain cautious in future.Departmental regulation of the employee is silent on the issue of Warning as a punishment.
Sudhir Kumar, Advocate
(Expert) 29 January 2012
I believe you are talking of Govt as employer.
No warning is not a punishement. It is different from censure (though no financial effect). As epr DOP instruction minimum censure should be awarded of charges are proved, In this case one charge is dropped by IO and another by the Disciplinary Authority.
V R SHROFF
(Expert) 29 January 2012
Not a punishment.
It will certainly affect your promotions, as it remains in your Personal Record till end, and considered against a clean record of your competitor.
S.B.adil rahman
(Querist) 30 January 2012
Yes, I am talking about an employee of West Bengal Government. Whether the replies of Hon'ble experts can be referred with any ruling or judgement in similar cases? However, in the instant case the proceeding was initiated under West Bengal Services (CCA)Rules 1971 which was not applicable on the employee in view of the fact that the above rules forbade its application on the employee who was having his own rule book i.e Police Regulation Bengal 1943 under which he was to be chargesheeted. Waht is the fate of such proceeding and its affect on the employee upon whom the CCA rules are not applicable. Be it mentioned that CCA rule had been framed u/Article 309 of the Constitution.
venkatesh Rao
(Expert) 30 January 2012
No, not a punishment. Whether it is state govt, central govt, PSU or such other, the idae behind is one and the same.
RAJU O.F.,
(Expert) 03 February 2012
If an employee is 'warned', then it is a punishment, which would be entered in his service record. But if he was 'cautioned', then it is not a punishment, but only a caution from any future occurance of similar nature.
S.B.adil rahman
(Querist) 03 February 2012
Dear Shri Raju,
Could you support your opinion with any case law? It is needed because other opinions of the experts contradict you.Kindly appreciate that it a question of law connected with the service jurisprudence and hence it requires to be authenticated by any ruling or case law or judgement of the courts.
Sudhir Kumar, Advocate
(Expert) 04 February 2012
Could yu please elaborate how the WBSSA Rules did not apply to him.
