Disciplinary action is a reprimand or corrective action in response to employee misconduct, rule violation, or poor performance. Depending on the severity of the case, disciplinary action can take different forms, including A verbal warning. A written warning
2. WARNING/ADMONITION/REPRIMAND
● There may be occasions when a superior
officer may find it necessary to criticize
adversely his subordinate’s work and if the
lapse is not serious enough, then a formal
action such as a written warning /
admonition / reprimand is taken and a
copy of this warning must be kept in the
personal file of the subordinate .
● Warning is not a punishment and cannot
be equated to a formal censure.
3. SUSPENSION
Suspension is a temporary withdrawal of duties from a
Government servant , pending inquiry into his/her
conduct , with simultaneous reduction in pay and
withdrawal of some rights/privileges.
● it maybe due to :-
1. any offence/conduct involving moral turpitude;
2. corruption ,misappropriation of Government money;
3. serious negligence which causes loss to
Government;
4. refusal/deliberate failure to carry out written orders
of superior officers.
● Competent Authority to place Government servant
under suspension:-
● Appointing Authority/Disciplinary Authority or any
other Authority empowered in that behalf by the
president.
4. SUBSISTENCE ALLOWANCE
● Subsistence allowance is an amount paid during
suspension which is equal to half average pay or
half pay plus dearness allowance , if admissible on
the basis of such leave salary(maybe increased up
to 75% if decision is pending for 3 months).
● Suspended officer cannot avail LTC , leave during
suspension.
● If he/she(suspended officer) retires then he/she
gets provisional pension equal to the maximum
pension on the basis of qualifying service up to the
date immediately preceding the date on which he
was placed under suspension.
● Suspension order can be revoked anytime by the
Authority.
5. REINSTATEMENT
● In simple words , it(reinstatement) means
action of giving someone back a position
they’ve lost.
● Circumstances:-
1. if detention in police custody ends in release
without prosecution , deemed suspension
ceases;
2. suspension order revoked.
6. DISCIPLINARY PROCEEDINGS
● Procedure to be followed in disciplinary cases
against Government servant:-
1. PENALTIES:-
. Minor penalties:-
1.Censure;
2.Withholding of promotions ;
3.Recovery of whole or part of loss.
. Major penalties:-
1.Compulsory retirement ;
2.Removal from services .
7. PROCEDURE FOR IMPOSING PENALTIES
● Major penalties :-
1.Charge sheet to
official;
2.Inquiry by authority;
3.Delinquent official
has to be represented;
4.Proceedings will take
place;
5.Disciplinary auth.
takes final decision
within 3 months.
● Minor penalties:-
1.Charge sheet to
official;
2.Inquiry by authority
only if:-
.such inquiry is
necessary;
.it is mandatory in
view of punishment
proposed.
REST THE PROCEDURE
WILL BE SAME AS IN
CASE OF MAJOR
PENALTIES
8. APPEAL,REVISION AND REVIEW
● An Appeal is one which is preferred to the
appropriate Appellate Authority against an order
of penalty ;
● Appeal must be preferred within 45 days of
receipt of the order.
● Revision of orders taken by it (Appellate
Authority) within 6 months.
● Review is done by President on the order passed
(including the revised order ),when any new fact
or material which has the effect of changing the
nature of the case , comes to his notice.
9. PROCEEDINGS AFTER RETIREMENT
• Future good conduct of pensioner is the implied
condition of every grant of pension and its
continuance.
• Withdrawal/withholding of pension or gratuity ,or
both , in full or part:-
1. pensioner is convicted of a serious crime;
2. pensioner is found guilty of grave misconduct.
• Entitlements to Government servants retiring while
departmental/judicial proceedings:-
1. Provisional pension
2. Leave encashment
• Not entitled:-
1. Gratuity
2. Commutation of provisional pension