1000 TIT BITS ON DISCIPLINE -115
441. If not rejoin duty, disciplinary action can be taken
When a temporary GS asks for leave in excess of the limits prescribed under exceptional circumstances, leave may be granted by the sanctioning authority in consultation with the Ministry of Finance. The case should be referred to the Directorate. If there are no exceptional circumstances, and the leave is not granted, the GS should rejoin duty forthwith. If he does not rejoin duty, disciplinary action may be taken against him.
442. Penalty of recovery will not come under the double jeopardy
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.
443. Distinction between Censure and Warning
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. 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).
444. Written warning is not a formal penalty
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. Though a warning does not amount to a formal penalty, it can also affect the promotion chances of the GS.
445. Minimum Censure is to be awarded
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).
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