Disciplinary action only after recalling earlier warning: High Court [Read Judgment]

The Punjab & Haryana HC has made it clear that disciplinary proceedings can be initiated afresh only after recalling earlier warning issued to an employee. Without taking recourse to such a procedure, action against the employee for the same misconduct wouldn't be justified.

“As the earlier punishment was never withdrawn or cancelled by the Punjab Water Supply & Sewerage Board, imposition of the later punishment has no legs to stand upon,” Justice Sanjay Kumar of the HC ruled, while taking up a petition filed by an employee.

In his petition against the board & another respondent, employee Satnam Singh through counsel Dhiraj Chawla had contended that a penalty of stopping three increments with future effect was imposed on the petitioner. The same stood confirmed in an appeal by the Board of Directors, compelling him to move the High Court.

Going into the background of the matter, Chawla added that a superintending engineer in Jalandhar had earlier issued a warning to the petitioner vide letter dated Feb 24, 2014, cautioning him to be careful in future. He was also asked to ensure that small tenders were not floated in future by dividing larger works.

While matters stood thus, PWSSB Chief Executive Officer independently constituted a committee to look into the matter once again. It recorded there was no financial loss, but the CEO initiated disciplinary proceedings & a chargesheet was issued to the petitioner.

Chawla contended that the petitioner submitted his reply to the chargesheet claiming that he had already been punished for the self-same charge by issuance of a warning & that he couldn't be penalised again.

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