30th June retirees case - Supreme Court passed comments- noncompliance costs as well as interest may be imposed.

16.     What are all the circumstances Dies non can be ordered?

·        A day can be marked as dies non in the following cases:

·        (1) absence without permission

·        (2) leaving the office without permission while on duty and

·        (3) while on duty, refusal to perform the duties assigned.

·        The leave sanctioning authority can order dies non in the above cases.

·        This means, even if the GS performs duty for part of the day, the day can be treated as dies non.

·        However, dies non is not ordered for late–coming; only half a day casual leave is debited to his casual leave account.

 

17.    Whether Dies non can be marked for late attendance?

·        Head of the office can condone late attendance up to three time in a month.

·        Dies non is not ordered for late–coming; only half a day casual leave is debited to his casual leave account.

·        Suppose, in the above case the GS has no casual leave to his credit. The competent authority, if he does not propose to initiate disciplinary action, will inform the GS that he will be treated as on unauthorized absence for the day.

·        It is left to the GS either to face the consequences of such unauthorized absence, or to apply for any kind of leave.

 

18.    Whether Two penalties can be imposed on a GS for a single offence and if so what shall be quantum of such punishment?

·        Two statutory penalties can be imposed on a GS for a single offence, though normally there will be no need to impose two penalties at a time.

·        The penalty of Recovery from Pay can be imposed along with another penalty.

·        However, the net cumulative effect on the GS should not be so severe as to make it impossible for him to bear the strain.

·        The second penalty imposed should be a higher penalty like Withholding of increment or Reduction.

 

19.    What is the distinction between Censure and Warning? What is its effect?

·        There is a distinction between Censure and Warning.

·        The first is a formal penalty imposed on a GS for good and sufficient reason.

·        That is, the GS has been found guilty of some misconduct or misbehaviour.

·        The penalty is imposed after following the prescribed procedure under the CCS (CCA) rules, 1965.

·        A record of the penalty is kept in the official’s Confidential Report (now APAR).

·        It can have a bearing on the assessment of his merit or suitability for promotion to higher posts. (Generally, Censure is not a bar to promotion).

·        A written Warning is given to the GS when he is found guilty of an act which does not justify imposition of a formal penalty, such as carelessness in work, delay in disposal of cases, etc.

·        A warning also can be recorded in the G.S’ s Confidential Report, if the reporting authority considers it necessary.

·        In such cases, the GS can appeal against such warnings also.

·        Though a warning does not amount to a formal penalty, it can also affect the promotion chances of the GS.

 

20.    Whether the disciplinary proceedings can be ended with the punishment of Warning?

·        If a disciplinary proceeding is held against a GS, it cannot be closed with a warning; at least the penalty of Censure should be imposed.

·        That is, warning should not be issued as a result of a disciplinary proceeding. (If there is no justification to impose the penalty of Censure on the GS, the DA can drop the proceeding).