Promotion Delays After Misconduct: Is There a Waiting Period Due to Punishment?

An employee was found guilty of misconduct and was awarded the punishment of a stoppage of increments. He is senior as per the seniority list. Is there any waiting period for giving a promotion according to seniority, or is there any waiting period due to the punishment?

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

Your dilemma is that in the recent past, that employee was found guilty, and you awarded him punishment. Now, how can the same employee be promoted within months? This is what is on 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 should he pay the price for you not being thoughtful?

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

Regards,
Dinesh V Divekar

There is no point of jealousy. In Andhra Pradesh, there is a Government Order (GO) stipulating that an employee, when awarded a punishment, shall have their promotion stopped for a minimum of one year. If the punishment involves stoppage of increments with cumulative effect, the promotion is to be halted for double the stoppage period. In cases where the increments are stopped without cumulative effect, the promotion should be paused for the stoppage period.

Regards,
Srinivas

In that case, you need to insert a clause in the "Policy on Employee Promotion" stating that while considering an employee for a promotion, he/she should not have been punished for any misconduct in the last year.

"Policies on Employee Discipline" and "Policy on Employee Promotion" are independent. Your previous post speaks more about the former than the latter. Hence, was my reply.

Thanks,
Dinesh V Divekar