warning/displeasure/reprimand referred to in the Confidential Report should be placed in the ACR dossier as an annexure to the Confidential Report

3. Copy of the warning/displeasure/reprimand referred to in the Confidential Report should be placed in the ACR dossier as an annexure to the Confidential Report for the relevant period: - The instructions contained in the Ministry of Home Affairs letter No. 7/4/59—AIS(II) dated the 20th March, 1959 and letter No.7/5/60— AIS(II), dated the 4th May, 1960 have been reviewed and the following clarifications are given:— (i) It has been stated in the MHA Letter No.4/7/60—AIS(II), dated 4th May, 1960 that if it is decided, on the conclusion of disciplinary proceedings not to impose any of the prescribed punishments but to administer a warning or reprimands, mention of it should be made in the CR. The Delhi High Court in the case of Sh. Nadhan Singh Vs. the Union of India expressed the view that warning kept in the CR dossier has all the attributes of ‘Censure’ which is a formal punishment and which can only be awarded by the competent authority after following the procedure prescribed in the relevant disciplinary Rules. It has, therefore, been decided that where it is considered, after the conclusion of the disciplinary proceedings, that some blame attaches to the officer concerned which necessitates cognizance of such fact, the disciplinary authority should award one of the recognized statutory penalties. If the intention of the disciplinary authority is not to award the penalty of censure, then no recordable warning or reprimand should be awarded. 324 (ii) In the Ministry of Home Affairs letter No/ 7/4/59—AIS(II) of the 20th March, 1959, it is stated that there may be occasions when a superior officer may find it necessary to criticise adversely the work of an officer working under him, and he may feel that while the matter is not serious enough to justify the imposition of a formal punishment, it calls for some informal action such as communication of a written warning, admonition or reprimand. It has now been decided that where such a warning/displeasure/reprimand is issued, it should be placed in the personal file of the officer concerned. At the end of the year (or period of report), the reporting authority while writing the confidential report of the officer, may decide not make a reference in the confidential report to the warning/displeasure/reprimand, if in the opinion of that authority, the performance of the officer reported upon after the issue of the warning or displeasure or reprimand, as the case may be, has improved and has been found satisfactory. If, however, the reporting authority comes to the conclusion that despite the warning/displeasure/reprimand the officer has not improved, it may make appropriate mention of such warning/displeasure/reprimand, as the case may be, in the relevant column in Part II of the ACR form prescribed under the All India Services (Confidential Rolls) Rules, and in that case a copy of the warning/displeasure/reprimand referred to in the Confidential Report should be placed in the ACR dossier as an annexure to the Confidential Report for the relevant period. The adverse remarks should also be conveyed to the officer and his representation, if any, against the same disposed of in accordance with the procedure laid down in the rules. (DP&AR letter No. 11018/5/79—AIS(III) dt. 3.4.1981)