Workshop on discipline and

disciplinary proceedings

Prateek Gera
MBA-HR
4th Sem
 Firstly,minor penalties are lighter penalties whereas
major penalties are heavier penalties. Till amendment in
Minor and Major August 2004, recovery from pay of loss caused was
the only penalty wherein the delinquent had to lose
Penalty Proceedings- money. On the contrary, the major penalties result in
deprivation of the benefits/position enjoyed by the
delinquent such as loss of employment, etc.
Distinguishing Secondly, major penalties could be imposed only by
the Appointing Authority whereas authorities
Features subordinate the Appointing Authority have been
designated to impose minor penalties.
Thirdly, major penalties can be imposed only after
conducting a detailed oral hearing, minor penalty can
be imposed after issue of memorandum and perusal
of the response of the delinquent
 Extra-ordinary circumstances when even for imposition of
minor penalty, a detailed oral hearing is to be conducted

• The circumstances when detailed oral hearing is held for imposition of minor penalty fall under two broad categories
viz. optional and obligatory.

• It may be held in every case in which the Disciplinary authority is of the opinion that it is necessary. Disciplinary
authority’s decision to conduct detailed oral hearing may be either suo mottu or based on the request of the
delinquent.

• It is mandatory to conduct detailed oral hearing, if it is proposed, after considering the representation of the
delinquent employee if: (i) it is proposed to impose the penalty of withholding of increments of pay and the same is
likely to affect the amount of pension payable to the delinquent employee; or (ii) it is proposed to impose the
penalty of withholding of increments of pay for a period exceeding three years; or (iii) it is proposed to impose the
penalty of withholding of increments of pay with cumulative effect for any period.
 Does not the imposition of penalty without oral hearing amount
to denial of reasonable opportunity or violation of the principles
of natural justice?

State of Punjab Vs. Nirmal Singh is a case based on Punjab Civil Services (Punishment & Appeal)
Rules 1970.
In this case, the individual had challenged the award of minor penalty without providing him personal
hearing. Rejecting his submission, the Hon’ble Supreme Court held that:
The Rule contemplates a personal hearing only when the Disciplinary Authority proposes to impose any
of the major penalties or to enhance the penalty imposed by the order sought to be reviewed to any of
the penalties specified in those clauses.
Advantage of taking recourse to minor penalty
proceedings

• Minor penalty proceedings can be concluded with minimum loss of time. In most of the
cases, final order in a minor penalty proceedings could be passed in less than four
weeks of framing of charges, unless consultation with UPSC is necessary.
• A minor penalty swiftly but judiciously imposed by a Disciplinary Authority is much
more effective than a major penalty imposed after years spent on a protracted Inquiry.
Procedure for imposing minor penalty

(a) A memorandum is issued together with a statement of imputations of misconduct or misbehavior.

(b) Any documentary evidence in support of the charge may have to be annexed to the charge memorandum
or made available to the delinquent official.

(c) The delinquent official may be allowed time up to 10 days for submitting reply.

(d) Any request for extension of time may be considered objectively subject to conditions of reasonableness

(e) Any request for inspection of records or copies of documents may be allowed if its denial will amount to
denial of reasonable opportunity

(f) On examination of the reply of the charged officer, or on expiry of the time allowed for submitting reply, a
reasoned order may be passed
Can minor penalty be imposed on conclusion of
proceedings for imposition of a major penalty?

There is no objection to impose minor penalty on conclusion of the proceedings under

Rule 14 of CCA Rules for imposition of major penalty, if the disciplinary authority
feels that minor penalty is adequate to meet the ends of justice
Can an authority competent to impose major penalty
initiate and conduct minor penalty proceedings?

There is authority with the higher disciplinary authority to initiate and conduct minor
penalty proceedings. However, such circumstances should not lead to raising of
eyebrows.
If the authority competent to impose major penalty had initiated and
conducted major penalty proceedings, can such authority impose minor
penalty or it will have to direct the lower disciplinary authority to impose
minor penalty.

Where a disciplinary proceedings for imposition of major penalty has been initiated by
a higher disciplinary authority, final orders should also be passed by such authority
only and the case should not be remitted to the lower disciplinary authority.

As a natural corollary, appeal should be dealt with by the next higher authority
Thank you