1000 TIT BITS ON DISCIPLINE -135
551. The power to dismiss cannot be delegated
The appointing authority cannot delegate his power of dismissal or removal to a subordinate authority, so as to destroy the protection afforded by the Constitution unless the Constitution itself authorises such delegation by other provisions.
[Ramchandra v. DIG, AIR 1957 MP 126]
552. If an official is intended to be penalized, as least 'Censure' to be awarded
The Disciplinary Authority should award the penalty of "censure" at least. If the intention of the Disciplinary Authority is not to award a penalty of "censure", then no recordable warning should be awarded. There is no restriction on the right of the Disciplinary Authority to administer oral warnings or even warnings in writing which do not form part of the character roll.
[Govt. of India, M.H.A. D.P. & A.R., O.M. NO. 22011/21/78-Est (A) dated 16th February 1979 - Para. 1(ii)]
553. Merely the written warning should not be placed in the CR
The fact that a mere informal 'warning' cannot be equated to a formal 'Censure', should not, however, be taken as tantamount to suggesting that a written warning may be freely given without caring whether or not it is really justified. It is a matter of simple natural justice that written warnings, reprimands, etc., should not be administered or placed on an officer's confidential record unless the authority doing so is satisfied that there is good and sufficient reasons to do so.
Paragraph 6 of the M.H.A., O.M. No.51/5/54-Ests. (A), dated the 27th January, 1955, provides detailed guidance in the matter of recording adverse remarks in confidential reports. It may be reiterated here that in the discharge of the responsible task of recording the confidential reports, every reporting officer should be conscious of the fact that it is his duty not only to make an objective assessment of his subordinates' work and qualities but also to see that he gives to his subordinates at all times the advice, guidance and assistance to correct their faults and deficiencies.
[Govt. of India, M.H.A., O.M. No 39/21/56-Ests. (A), dated the 13th December, 1956.]
554. Warning, letter of caution, reprimands not a bar for promotion
Warning, letter of caution, reprimands or advisories administered to Government servants do not amount to a penalty and, therefore, will not constitute a bar for consideration of such Government servants for promotion.
DOPT OM F. No. 11012/12/2016-Estt.A-III Dated: 6th December, 2016
555. Increment cannot be withheld as a permanent measure
The expression "withholding of increment" connotes the stoppage of increments for a certain length of time. If it is imposed as a permanent measure, it amounts to reduction in pay and it no longer remains a "minor penalty".
[Madho Singh Doulat Singh v. State of Bombay, AIR 1960 Bom.285 (289).]
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