Implementation of 2nd penalty imposed during currency of 1st penalty

The Department of Personnel and Training (DoPT) has come up with a clarification on the implementation of the second penalty (or multiple penalties) on serving charged officers during the currency of the first penalty.

In an Office Memorandum (O.M.) dated 28 October 2022, the DoPT said that the Disciplinary Authorities should clearly indicate in the punishment order whether the two penalties (or multiple penalties) would run concurrently or consecutively while awarding second or subsequent penalties during the currency of earlier penalty/penalties.

“It is, however, clarified that where such a specific mention has not been made, the two/all penalties should run concurrently and the higher penalty, even though ordered later, should be implemented immediately and after the expiry of its period, if the currency of the period of earlier punishment still continues, the same may be implemented for the balance period,” it added.

Through different illustrations, the DoPT has explained the rules for the imposition of multiple penalties on serving charged Central Government Employees who receive their salaries as per the 7th pay Commission Pay Matrix. 

No. 11012/11/2018-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
(Establishment A-III Desk)

North Block, New Delhi – 110001
Dated 28th October, 2022

OFFICE MEMORANDUM

Subject: Implementation of second penalty imposed during the currency of first penalty – regarding

It has come to the notice of this Department that the Departments are facing difficulties in implementation of second penalty (or multiple penalties) on serving charged officers during the currency of first penalty.

2. The issue has been considered in this Department and it has been decided that all the Disciplinary Authorities should clearly indicate in the punishment order whether the two penalties (or multiple penalties) would run concurrently or consecutively, while awarding second or subsequent penalties during the currency of earlier penalty/penalties. It is, however, clarified that where, such a specific mention has not been made, the two/ all penalties should run concurrently and the higher penalty, even though ordered later, should be implemented immediately and after expiry of its period, if the currency of the period of earlier punishment still continues, the same may be implemented for the balance period. In this context, a few illustrations are also annexed for ease of comprehension.

3. Ministries/ Departments are requested to ensure that these instructions are conveyed to all concerned.

4. Hindi version follows.

(A K Gopal)
Under Secretary to the Government of India