Waiting Period If Any After Inflicting Punishment - CiteHR
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An employee found guilty for misconduct. He was awarded with punishment of stoppage of increments. He is senior as per seniority list. Is there any waiting period for giving promotion according to seniority or is there any waiting period due to punishment
Dear Srinivas,

An employee has committed misconduct for which you have given him punish by way of "forfeiture of wages and increments". Now if you withhold his seniority for promotion then it will be second punishment for the same misconduct. Jurisprudence demand that there can be only one punishment for one misconduct. Double punishment for single fault is in bad taste. You cannot give second punishment as afterthought.

Your dilemma is that in the recent past that employee was found guilty and you awarded him punishment. Now how can same employee be promoted within months? This is what is in your mind. However, while awarding punishment you or the authorities concerned should have been thoughtful. You could have withheld seniority for say 1-2 years. Why he should pay price for you not being thoughtful?

While delivering justice, there is no place for jealousy. Punishments are called as negative discipline. This negative discipline is for reforming the defaulter. Now if you start giving punishments in instalments out of jealousy, this reformation will not take place and it would defeat very purpose of punishment itself.


Dinesh V Divekar

Dear divekar,
thank you.
There is no point of jealousy. In AP there is GO where in it is stipulated that an employee when he was awarded with a punishment, his promotion shall be stopped for minimum of one year. If the punishment is stoppage of increments with cumulative effect, his promotion is to be stopped for double the stoppage period. If the increments stopped without cumulative effect, promotion is to be stopped for stoppage period.

Dear Srinivas,
In that case you need to insert clause in "Policy on Employee Promotion" stating that while considering employee for promotion he/she should not have been punished for some misconduct in the last one year.
"Policy on Employee Discipline" and "Policy on Employee Promotion" both are independent. Your previous post speaks more about former than latter. Hence was my that reply.
Dinesh V Divekar

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