1000 TIT BITS ON DISCIPLINE -119
461. Difference between censure and warnings
The term 'Censure' must be distinguished from warnings, admonitions, reprimands or communication of displeasure. The most important difference is that while Censure is a formal penalty, the warning, admonition, reprimand or communication of displeasure is merely an administrative action. In State of M.P. v. I.A. Qureshi, (1998)9 SCC 261, the Supreme Court held that a censure cannot be equated with warning because it is one of the prescribed penalties.
462. 'Warning' could be made ‘recordable' only after entry in the CRs
The Government of India have decided that where a warning/displeasure/ reprimand is issued, it should be placed in the personal file of the officer concerned. At the end of the year, the reporting authority may decide to make a reference to it in the C.R. of the employee concerned if in his opinion the performance of the employee despite the warning has not improved. In that case a copy of the warning shall be added to the C.R. dossier also. The adverse remarks should be conveyed to the officer concerned and his representation, if any, thereon should be disposed of, in the normal way [DP&AR O.M. No. 21011/1/81-Ests.(A), dated June 5, 1981). These orders of the Government make an important change because though earlier a 'Warning' could be made ‘recordable' by the authority who administered it, at his discretion, right in the beginning, now it will become ‘recordable' only after passing through the test of an adverse entry in the C.Rs. and, thus, will receive consideration of the higher authority.
463. Appeal against the punishment of censure
In Nadhan Singh v. Union of India, SLR 1969 Delhi 24, the Delhi High Court held that since the letter of warning issued to the petitioner -
(i) expressly said that the petitioner was guilty of misconduct;
(ii) was issued after initiation of disciplinary proceedings and it did not say that the proceedings were closed or dropped;
(iii) said that a copy thereof was placed on the Character Roll of the petitioner;
(iv) the signing officer described himself as disciplinary authority in the memorandum of warning; and
(v) was liable to be taken into consideration in assessing his future career;
such written warning had to be treated as ‘Censure' and an appeal against it should be considered on merits as from an order of 'Censure'.
464. Solitary ‘Censure' shall be negligible
The penalty of censure has no direct financial implications. It may effect the employee adversely at the time of his confirmation, crossing of efficiency bar, promotion, selection etc. i.e., where his confidential service record is considered. Since, however, overall effect of service record is taken into account, if a public servant maintains otherwise a good record, the effect of a solitary ‘Censure' shall be negligible.
465. Censure is a not bar for promotion
In accordance with the Government of India decision in DP&AR O.M. No. 21/5/ 70-Ests.(A), dated 15-5-1971, a mere censure is no bar to the promotion of the employee if he otherwise deserves it on the basis of overall record of service.
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