General Disciplinary Actions Taken by Firm

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General Disciplinary Actions Taken By Firm:

While disciplining an employee, it is always important to make sure that the disciplinary action

meted out to the offender is always commensurate to the offence committed. Like earlier said

too, it is important to mete out the same punishment to the same category of offenders. Another

important thing in punishing offenders is that the person must be given the opportunity to be

heard. He must explain reasons for his action before a decision is taken against him. Certain mild

offences should also be punished with mild penalties. Some disciplinary actions in firms include;

Oral warning; when an offence is not that serious or when an offender is a first offender, he

can be given oral warning. The human resources person invites him, talks to him, cautions him

and warns him to desist from such actions in the future.

Written warning: When the offence committed by the employee is not an offence that you can

just warn him verbally and let him go, he is issued a query. He replies the query and explainsreasons for his action. The query and his response are filed in the staff file for future references.

After considering his response, a written warning also is issued to him and a copy of the warning

letter also documented in the staff file.

Loss of entitlement: Some indiscipline is cautioned by denying the offender his or her

entitlement as a reprimand for the action. In some cases, the offender may not be paid any

allowance or bonus due to him to punish him for an offence or indiscipline committed.

Suspension: If an offence is strong, they employee may be suspended without pay. Depending

on the level of offence the suspension may take up to two months or more without pay.

Demotion: A staff can be demoted from his position because of indiscipline. If a manager for

instance keeps on coming to work late, how will he lead and control his subordinates? The best

thing is to demote him if he has been advised about it and he fells to change.

Termination of appointment: When an employee commits an offence that the company cannot

condone, his appointment may be terminated.

Dismissal: This is the strongest action that can be carried out on an offender. When anemployee gets involved in fraud, stealing, illegal business etc the firm may have no other option

left than to dismiss him out rightly.

Disciplinary action is always carried out in sequence. For instance if one is a first offender, and

the offence is not so bad, he can be warned verbally. Then if he commits another offence, he is

queried and probably suspended from duty without pay. If another offence is committed by the



same staff, his appointment may be terminated. On the other hand when a staff commits a

grievous offence like fraud, the punishment is summary dismissal

MECHANIS

MFOR D

ETE

R M

INING VIGILANCE

ANGLE

The guidelines of the CVC envisage that each bank will set up an µInternal AdvisoryCommittee¶ (IAC) of 3 members (preferably at the level of GMs but not below the rank

of Dy. General Managers) to scrutinize the complaints received in the bank and also thecases arising out of inspections, audits etc. for determination of existence of the vigilance

angle or otherwise in specific transactions. In our bank, the Inspection & Audit Division,HO is the nodal division for placing the cases before the IAC.

The process for determination of vigilance overtone in the role of any official

corresponding to any actionable lapse comprises of the following stages :

The Circle Office / Division where cause of action have occurred refer the

matter of all the erring officials to Internal Advisory Committee (IAC) to examineexistence of vigilance overtone.

The IAC independently examines the role of the officials for determining as

to whether vigilance overtone exists there or not, on the basis of the information provided by the Circle Office / Division where cause of action have occurred.

The views of the IAC on the existence of vigilance overtone or otherwise in

the role of any official are then sent to the Chief Vigilance Officer, who examinesthe same afresh and conveys his views to the Disciplinary Authority.

After receiving the views of CVO, the Disciplinary Authority examine the

matter and form his independent views on existence of vigilance overtone andsend his views to CVO.

In case there is a difference of opinion between the CVO and the Disciplinary Authority

regarding determination of existence of vigilance overtone, the issue should be initially

referred to the CMD of the Bank through CVO for resolution of the difference in

respect of the officials not falling within the purview of the Commission. If the

difference still persists the same may be referred to the Commission for a final view. However, such issues be referred to the Commission in respect of the officials

coming under the jurisdiction of the Commission (Scale V & above).

In case the vigilance overtone is perceived by the DA in agreement with the CVO

(whether initially or after reconsideration), a vigilance case is registered at the VigilanceDepartment and where vigilance overtone is not perceived by the DA in agreement with

the CVO, further action is initiated against the officials in a manner deemed appropriate



by the DA / the Administrative Authority under non vigilance category. The following points are also required to be kept in view by the DA:

Since the vigilance overtone is examined in the role of the officials

corresponding to the actionable lapses, no reference is required to be made to the

IAC or to the Vigilance Department, in cases where it is beyond doubt, that theconcerned official is found to have played no role in the given actionable lapse or there is no actionable lapse in his role.

The actionable lapses of extreme vigilance nature like forgery,

misappropriation, etc. and of extreme non vigilance nature like unauthorizedabsence, riotous behaviour, etc. are not required to be referred to IAC but these

cases are to be referred to the Vigilance Department, HO directly.

The cases of officials due for retirement should be sent well in time to I & ADivn., HO for placing before Internal Advisory Committee to ensure timely

disposal of these cases.

While referring the cases to IAC for determination of vigilance overtone a self contained note containing all aspects of the case, specific roles played by the

respective officials, deviations resorted by them, amount involved, amount of thesecurity available, apprehended loss, etc. are to be furnished by the Disciplinary

Authority.

2 Some specific recommendations in a few critical areas are given below:-

Critical Areas Control Measures

A. D.D.s issued- DDs should be punched, pasted (Cellotape) and perforated to avoid chemical alteration.

- DDs issued should invariably be made payable in favour of Bank A/c, Beneficiary and A/c No.,

at least in cases of DDs above Rs.10,000/-.

- Different Draft books to be used for different denominations.

- Authorised signatories should affix their rubber stamps.

B.Collection instruments

- Date of the instrument should normally not be prior to the date of opening of the A/c.



- In newly opened A/cs laid down procedures have to be strictly followed viz., obtaining

photographs, proper introduction, sending letter of thanks to both, monitoring of account for at

least six months, precautions while permitting large credits/debits etc. specially cash

withdrawals.

- All cheques/DDs presented for collection must be crossed and accepted at the counter by asupervisory staff.

- No third party cheques/DDs should be collected unless the customer is of good standing,

integrity, and the account is properly introduced and maintained.

C.Deposit A/Cs particularly SB A/Cs

- Besides, no duplicate Pass Book, Cheque Book or loose cheque leaf should be issued except to

the customer personally and that too after identifying him.

- The first ledger folio of accounts of new customers should be affixed with a label/rubber stamp

to read ³New Account- Caution´. This will help the ledger keeper to report any

unusual/suspicious transactions. Such precaution to be recorded in computerized working as

well.

D. Advances including Exports/Large Scale Advances/ SSI/Trade

- Substantial diversion of funds should be treated as a financial crime under the definition of

frauds.

- Restriction on cash disbursement.

- Check on transactions- Cash Payment, cheque payment. These should be related to the trade/

business in which the party is engaged.

- Antecedents of borrower and promoters should be verified properly during presanction exercise

- Coordination with various other agencies viz.Custom Deptt., RBI, ECGC etc.

- Avoid double financing

- In case of mortgage of immovable property care to be exercised about legal title, valuation and

realisation



- Excessive dependence on Chartered Accountants to be avoided.

- Acceptance of unrealistic projection to be avoided (sales/turnover projection) Agriculture

- Middlemen to be eliminated

- Check/strict vigil on subsidy oriented schemes

E. Lost/Stolen/Missing Stationery/ Security Items like DD books, cheque books, deposit

Receipts etc.

- Scrutinize all the security items received from printers and confirm its correctness, proper

recording of such items in the relevant registers/books, authentication by the authorised officials

and in case of any discrepancy in the indent placed and quantity supplied, the same should be brought to the

notice of Branch Manager/ Controlling Office.

- All security items like cheque books/Demand Draft Books/Deposit Receipts Books/Mail

Transfer Books/Cash Vouchers/Withdrawals etc.

should remain under lock and key, under dual control of authorised officials

- Whenever any item is taken out for day-to-day use, the date when such item is issued out for

use, the quantity issued should be recorded in the relevant registers/books. Acknowledgement of the official to whom the item is delivered is to be obtained. The security items issued for day to

day use should be under the control of the Officer-in-Charge of the Department.

Opening stock, instruments utilised during the day and closing stock of security items should be

ensured daily. Under no circumstances the

security items should be left open at the counters unattended.

- The Branches should undertake physical verification of stock of security items on quarterly

basis and send the certificate the immediate controlling office. Controlling head should ensure

that these certificates are

obtained from all the branches under their jurisdiction.

11. Reporting of fraud to RBI, Police and CBI



11.1

11.2 The Sub Group, however, felt that a distinction should be made for reporting the cases to

police and the CBI and the time limit should be different for the two. Normally the simple cases

of frauds not exceeding Rs. 25 lacs are reported to the police by the concerned Branch Manager

as per

CVC guidelines irrespective of the involvement of a Public Servant.

11.3 The cases to be filed with CBI require approval of the Managing Director of the respective

Bank and also calls for detailed investigation of the case by the bank¶s own officials to prima

facie determine the criminal intent either on the part of outsiders or internal staff. In some of the

cases where records are destroyed and evidences tampered with it takes some time to reconstruct

records to quantify the loss and to identify the persons who might have committed the fraud.

11.4 The Group accordingly suggests that the cases of fraud should be reported to CBI within a

maximum period of 30 days on the basis of

preliminary investigation report to be followed by a detailed report after due

investigation. Lodgement of FIR with the local police should be done within 2/3 days from date

of detection of the fraud.

12. Disciplinary Action ±Delays : Causes and Suggestions

The delay in staff action is attributed to the following reasons:-

12.1 Investigation

- Delay in conducting investigation



- Vague investigation report not helping the Disciplinary Authority to crystalise his further

course of action

- Names, designation and period of stay at the unit of the staff/official concerned not mentioned

properly

- The extenuating circumstances prevalent at the branch not properly incorporated

- Inadequate job knowledge with the Investigating Officer

- Thorough and prompt scrutiny of Investigation Report not done at the level

of Disciplinary Authority

- Undue delay in calling for explanation and submission of explanation by the suspected

employees/officials.

- Delay in seeking first stage advice, framing of charge sheet, appointment of InquiryOfficer/Presenting Officer, conduct of enquiry and submission of enquiry report

- Delay in scrutiny of enquiry report and seeking of second stage advice

- Delay in passing speaking order

12.2 Suggestions

Punjab National Bank Officer Employees (Discipline & Appeal) Regulations, 1977

In exercise of the powers conferred by Section 19 of the Banking Companies (Acquisition and

Transfer of Undertakings) Act, 1970 (5 of 1970), the Board of Directors of Punjab NationalBank in consultation with the Reserve Bank of India and with previous sanction of the Central

Government hereby makes the following regulations namely:-

Short title and commencement (Regulation 1)

These regulations may be called Punjab National Bank Officer Employees¶'(Discipline and

Appeal) Regulations, 1977

They shall come into force on 1-1-1977

Application (Regulation 2)

These regulations shall apply to all officer employees of the Bank, but shall not apply to-

The Chairman of the bank;

The Managing Director of the bank;



Any whole time Director, if any;

Those who are in casual employment or paid from contingencies;

The award staff; and The officers on contract.

Definitions (Regulation 3)

In these regulations, unless the context otherwise requires:

Act: means the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970(5 of 1970);

Appellate authority: means the authority specified in the Schedule to dispose of appeals;

Award Staff: means the person covered by the Award as defined in the Industrial Disputes(Banking Companies) Decision Act, 195 (41 of 1955);

Bank: means Punjab National Bank;

Board: means the Board of Directors of the Bank;

Competent Authority: means the authority appointed by the Board for the purpose of these

regulations;

Disciplinary Authority: means the authority specified in the schedule which is competent to

impose on an officer employee any of the penalties specified in regulation 4;

Government: means the Central Government;

Managing Director: means the Managing Director of the bank;

officer employee: means a person who holds a supervisory or managerial post in the bank or anyother person who has been appointed and functioning as an officer of the bank, by whatever

designations called and includes a person whose services are temporarily placed at the disposalof the Central Government or a State Government or any other Government undertaking or any

other public sector bank or the Reserve Bank of India or any other organization, but shall notinclude casual, work charged or the award staff

public financial institutions mean-

The Industrial Credit and Investment Corporation of India Limited, a company owned andregistered under the Companies Act, 1956(1 of 1956);

The Industrial Finance Corporation of India, established under section 3 of the Industrial FinanceCorporation Act, 1948 (15 of 1948);

The Industrial Development Bank of India, established under Section 3 of the Industrial

Development Bank of India Act, 1964 (18 of 1964)

The Life Insurance Corporation of India, established under Section 3 of the Life Insurance

Corporation Act, 1956 (31 of 1956);

The Unit Trust of India, established under section 3 of the Unit Trust of India Act, 1963 (52 of

1963);

Any other financial institution which is declared by the Central Government by notification to bea public financial institution;

Public Servant means- a personas defined as Public Servant in Section 21 of the Indian Penal



Code (45 of 1860);

Reviewing Authority means the authority specified in the Schedule;

Schedule means the Schedule appended to these regulations.

4. Penalties

The following are the penalties which may be imposed on an officer employee, for acts of misconduct or for any other good and sufficient reasons.

Minor Penalties

y Censure;

y Withholding of increments of pay with or without cumulative effect;

y Withholding of promotion;

y Recovery from pay or such other amount as may be due to him of the whole or part of any pecuniary loss caused to the bank by negligence or breach of orders.

Major Penalties

y reduction to a lower grade or post, or to a lower stage in a time scale;y compulsory retirement;

y removal from service which shall not be a disqualification for future employment;

y dismissal which shall ordinarily be a disqualification for future employment.

y Explanation: The following shall not amount to a penalty within the meaning of thisregulation:-

y withholding of one or more increments of an officer employee on account of his failure to pass a prescribed departmental test or examination in accordance with the terms of

appointment to the post which he holds;

y Stoppage of pay of an officer employee at the efficiency bar in a time scale, on the

ground of his unfitness to cross the bar;

y non-promotion, whether in an officiating capacity or otherwise, of an officer employee,to a higher grade or post for which he may be eligible for consideration but for which he

is found unsuitable after consideration of his case;

y reversion to a lower grade or post, of an officer employee officiating in a higher grade or post, on the ground that he is considered, after trial, to be unsuitable for such higher grade

or post, or on administrative grounds unconnected with his conduct;

y reversion to his previous grade or post, of an officer employee appointed on probation toanother grade or post, during or at the end of the period of probation, in accordance with

the terms of his appointment or rules or orders governing such probation;

y reversion of an officer employee to his parent organisation in case he has come ondeputation;

y Termination of service- of an officer employee appointed on probation, during or at the end of the period of

probation, in accordance with the terms of his appointment, or the rules or orders

governing such probation; of an officer employee appointed in a temporary capacity otherwise than under a contract

or agreement, on the expiration of the period for which he was appointed, or earlier inaccordance with the terms of his appointment;

of an officer employee appointed under a contract or agreement, in accordance with the



terms of such contract or agreement, and of an officer employee on abolition of post;

y Retirement of an officer employee on his attaining the age of superannuation in

accordance with the rules and orders governing such superannuation;

y Termination of employment of a permanent officer employee by giving 3 months noticeor on payment of 3 months pay and allowances in lieu of notice.

y Termination of employment of an officer employee on medical grounds, if he is declaredunfit to continue in bank's service by the bank's medical officer.

Authority to Institute Disciplinary Proceeding and Impose Penalties (rule 5)

The Managing Director or any other authority empowered by him by general or special order may institute or direct the Disciplinary Authority to institute disciplinary proceedings against an

officer employee of the bank

The Disciplinary Authority may himself institute disciplinary proceedings.

The Disciplinary Authority or any authority higher than it, may impose any of the penalties

specified in Regulation 4 on any officer employee.

Procedure for ImposingMajor Penalties

No order imposing any of the major penalties specified in clauses (f), (g), (h), (i) and (j) of

Regulation 4 shall be made except after an enquiry is held in accordance with this regulation.

Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into

the truth of any imputation of misconduct or misbehavior against an officer employee, it mayitself enquire into, or appoint any other person who is, or has been, a public servant (hereinafter

referred to as the inquiring authority) to inquire into the truth thereof.

Explanation: When the Disciplinary Authority itself holds the inquiry any reference in sub-regulation (8) to sub- regulation (21) to the inquiring authority shall be construed as a reference

to Disciplinary Authority.

Where it is proposed to hold an inquiry, the Disciplinary Authority shall, frame definite and

distinct charges on the basis of the allegations against the officer employee and the articles of charge, together with a statement of the allegations, list of documents relied on along with copy

of such documents and list of witnesses along with copy of statement of witnesses, if any, onwhich they are based, shall be communicated in writing to the officer employee, who shall be

required to submit, within such time as may be specified by the Disciplinary Authority (notexceeding 15 days), or within such extended time as may be granted by the said Authority, a

written statement of his defense;Provided that wherever it is not possible to furnish the copies of documents, disciplinary

authority shall allow the officer employee inspection of such documents within a time specifiedin this behalf;

On receipt of the written statement of the officer employee, or if no such statement is received

within the time specified, an enquiry may be held by the Disciplinary Authority itself, or if itconsiders it necessary so to do appoint under Sub-regulation (2) an Inquiring Authority for the

purpose.



Provided that it may not be necessary to hold an enquiry in respect of the articles of chargeadmitted by the officer employee in his written statement but shall be necessary to record its

findings on each such charge.

The Disciplinary Authority shall, where it is not the inquiring authority, forward to the inquiring

authority:

A copy of the articles of charges and statements of imputations of misconduct or

misbehavior; A copy of the written statement of defense, if any, submitted by the officer employee;

A list of documents by which and list of witnesses by whom the articles of charge are proposed to be substantiated;

A copy of statements of the witnesses, if any; evidence proving the delivery of thearticles of charge under sub-regulation (3);

A copy of the order appointing the 'presenting officer' in terms of sub-regulation (6).

Where the Disciplinary Authority itself enquires or appoints an inquiring authority for holding aninquiry, it may, by an order, appoint a public servant to be known as the 'Presenting Officer' to

present on its behalf the case in support of the articles of charge.The officer employee may take the assistance of any other officer employee but may not engage

a legal practitioner for the purpose, unless the presenting officer, appointed by the DisciplinaryAuthority is a legal practitioner or the Disciplinary Authority, having regard to the circumstances

of the case so permits.

NOTE: The officer employee shall not take the assistance of any other officer employee who has

two pending disciplinary cases on hand in which he has to give assistance.

The Inquiring Authority shall by notice in writing specify the day on which the officer employeeshall appear in person before the inquiring authority.

On the date fixed by the Inquiring Authority, the officer employee shall appear before the

Inquiring Authority at the time, place and date specified in the notice.

The Inquiring Authority shall ask the officer employee whether he pleads guilty or has anydefense to make and if he pleads guilty to any of the articles of charge, the Inquiring Authority

shall record the plea, sign the record and obtain the signature of the officer employee concernedthereon.

The Inquiring Authority shall return a finding of guilt in respect of those articles of charge to

which the officer employee concerned pleads guilty.

If the officer employee does not plead guilty, the Inquiring Authority shall adjourn the case to a

later date not exceeding 30 days or within such extended time as may be granted by the InquiringAuthority.

The Inquiring Authority while adjourning the case as in sub-regulation (9), shall also record by

an order that the officer employee may for the purpose of preparing defense -

complete inspection of the documents as in the list furnished to him immediately and in any case

not exceeding 5 days from the date of such order if he had not done so earlier as provided for inthe proviso to sub-regulation (3); submit a list of documents and witnesses, that he wants for the

inquiry; give notice within ten days of the order or within such further time not exceeding tendays as the Inquiring Authority may allow for the discovery or production of the documents



referred to in item (ii).

NOTE: The relevancy of the documents and the examination of the witnesses referred shall be

given by the officer employee concerned.

The Inquiring Authority shall, on receipt of the notice for the discovery or production of the

documents, forward the same or copies thereof to the authority in whose custody or possessionthe documents are kept with a requisition for the production of the documents, on such date as

may be specified.

On receipt of the requisition under sub-regulation (11), the authority having the custody or possession of the requisitioned documents, shall arrange to produce the same before the

Inquiring Authority on the date, place and time specified in the requisition.

Provided that the authority having the custody or possession of requisitioned documents may

claim privilege if the production of such documents will be against the public interest or theinterest of the bank. In that event, it shall inform the Inquiring Authority accordingly.

On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the Disciplinary

Authority. The witnesses produced by the Presenting Officer shall be examined by the PresentingOfficer and may be cross-examined by or on behalf of the officer employee. The Presenting

Officer shall be entitled to re-examine his witnesses on any points on which they have been crossexamined, but not on a new matter, without the leave of the Inquiring Authority. The Inquiring

Authority may also put such questions to the witnesses as it thinks fit.

Before the close of the case, in support of the charges, the Inquiring Authority may, in itsdiscretion, allow the Presenting Officer to produce evidence not included in the charge sheet or

may it call for new evidence or recall or re-examine any witness. In such case the officeemployee shall be given opportunity to inspect the documentary evidence before it is taken on

record, or to cross-examine a witness, who has been so summoned. The Inquiring Authority may

also allow the officer employee to produce new evidence, if it is of the opinion that the production of such evidence is necessary in the interests of justice.

When the case in support of the charges is closed, the officer employee may be required to state

his defense, orally or in writing, as he may prefer. If the defense is made orally it shall berecorded and the officer employee shall be required to sign the record. In either case a copy of

the statement of defense shall be given to the Presenting Officer, if any, appointed.

The evidence on behalf of the officer employee shall then be produced. The officer employee

may examine himself in his own behalf, if he so prefers. The witnesses produced by the officer employee shall then be examined by the officer employee and may be cross-examined by the

Presenting Officer. The officer employee shall be entitled to re-examine any of his witnesses onany points on which they have been cross-examined, but on any new matter without the leave of

the Inquiring Authority.

The Inquiring Authority may, after the officer employee closes his evidence, and shall, if theofficer employee has not got himself examined generally question him on the circumstances

appearing against him in the evidence for the purpose of enabling the officer employee to explainany circumstances appearing in the evidence against him.

The Inquiring Authority may, after the completion of the production of evidence, hear thePresenting Officer, if any appointed, and the officer employee or permit them to file written



briefs of their respective cases within 15 days of the date of completion of the production of evidence, if they so desire.

"If the officer employee does not submit the written statement of defense referred to in sub-regulation (3) on or before the date specified for the purpose or does not appear in person, or

through the assisting officer or otherwise fails or refuses to comply with any of the provisions of

these regulations, the inquiring authority may hold the inquiry ex-parte.

Whenever any Inquiring Authority, after having heard and recorded the whole or any part of theevidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another

Inquiring Authority which has, and which exercises, such jurisdiction, the Inquiring Authority sosucceeding may act on the evidence so recorded by its predecessor, or partly recorded by its

predecessor, and partly recorded by itself;

Provided that if the succeeding Inquiring Authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of

justice it may recall, examine, cross-examine and re-examine any such witnesses as herein before provided.

On the conclusion of the inquiry, the Inquiring Authority shall prepare a report which shallcontain the following:

y a gist of the articles of charge and the statement of imputations of misconduct or misbehavior;

y a gist of the defense of the officer employee in respect of each article of charge;

y an assessment of the evidence in respect of each article of charge;

y the findings on each article of charge and the reasons therefore.

Explanation - If, in the opinion of the Inquiring Authority, the proceedings of the inquiry

establish any article of charge different from the original article of charge, it may record itsfindings on such article of charge;

Provided that the findings on such article of charge shall not be recorded unless the officer employee has either admitted the facts on which such article of charge is based or has had a

reasonable opportunity of defending himself against such article of charge.

The Inquiring Authority, where it is not itself the Disciplinary Authority, shall forward to theDisciplinary Authority the records of inquiry which shall include -

y the report of the inquiry prepared by it under clause (i);

y the written statement of defense, if any, submitted by the officer employee referred to insub-regulation (15);

y the oral and documentary evidence produced in the course of the inquiry;

y written briefs referred to in sub-regulation (18), if any; and

y The orders, if any, made by the Disciplinary Authority and the Inquiring Authority inregard to the inquiry.

The Disciplinary Authority, if it is not itself the Inquiring Authority, may, for reasons to be

recorded by it in writing, remit the case to the Inquiring Authority for fresh or further inquiry andreport and the Inquiring Authority shall thereupon proceed to hold the further inquiry according

to the provisions of Regulation 6 as far as may be.



The Disciplinary Authority shall, if it disagrees with the findings of the Inquiring Authority onany article of charge, record its reasons for such disagreement and record its own findings on

such charge, if the evidence on record is sufficient for the purpose.

If the Disciplinary Authority, having regard to its findings on all or any of the articles of charge,

is of the opinion that any of the penalties specified in regulation 4 should be imposed on the

officer employee it shall, notwithstanding anything contained in regulation 8, make an order imposing such penalty.

If the Disciplinary Authority having regard to its findings on all or any of the articles of charge,

is of the opinion that no penalty is called for, it may pass an order exonerating the officer employee concerned.

Procedure for ImposingMinor Penalties (Regulation: 8)

Where it is proposed to impose any of the minor penalties specified in clauses (a) to (e)of Regulation 4, the officer employee concerned shall be informed in writing of the imputations of

lapses against him and given an opportunity to submit his written statement of defense within aspecified period not exceeding 15 days or such extended period as may be granted by the

Disciplinary Authority and the defense statement, if any, submitted by the officer employee shall be taken into consideration by the Disciplinary Authority before passing orders.

Where, however, the Disciplinary Authority is satisfied that an inquiry is necessary, it shallfollow the procedure for imposing a major penalty as laid down in regulation 6.

The record of the proceedings in such cases shall include

A copy of the statement of imputation of lapses furnished to the officer employee;

The defense statement, if any, of the officer employee; and

The orders of the Disciplinary Authority together with the reasons therefore.

COMMUNICATION OF ORDERS (Regulation: 9)

Orders made by the Disciplinary Authority under Regulation 7 or Regulation 8 shall be

communicated to the officer employee concerned, who shall also be supplied with a copy of thereport of inquiry, if any.

COMMON PROCEEDINGS (Regulation: 10)

Where two or more officer employees are concerned in a case, the authority competent to imposea major penalty on all such officer employees may make an order directing that disciplinary

proceedings against all of them may be taken in a common proceeding.

SPECIAL PROCEDUR E IN CERTAIN CASES (Regulation:11)

Notwithstanding anything contained in regulation 6 or regulation 7 or regulation 8, the

Disciplinary Authority may impose any of the penalties specified in Regulation 4 if the officer employee has been convicted on a criminal charge, or on the strength of facts or conclusions

arrived at by a judicial trial.

Provided that the officer employee may be given an opportunity of making representation on the

penalty proposed to be imposed before any order is made.



SUSPENSION (Regulation: 12)

An officer employee may be placed under suspension by the competent authority

y where a disciplinary proceeding against him is contemplated or is pending ; or

y where a case against him in respect of any criminal offence under investigation, inquiryor trial.

y An officer employee shall be deemed to have been placed under suspension by an order of the competent authority

y with effect from the date of his detention, if he is detained in custody, whether on acriminal charge or otherwise, for a period exceeding forty-eight hours;

y with effect from the date of conviction, if in the event of a conviction for an offence, he issentenced to a term of imprisonment exceeding forty-eight hours and is not forthwithdismissed or removed or compulsorily retired consequent to such conviction.

Explanation: The period of forty±eight hours referred to in clause (b) of this sub-regulation shall be computed from the commencement of the imprisonment after the conviction and for this

purpose, intermittent periods of imprisonment if any, shall be taken into account.

Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an

officer employee under suspension is set aside in appeal or on review under these regulations andthe case is remitted for further inquiry or action or with any directions, the order of his

suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

Where a penalty of dismissal, or removal or compulsory retirement from service imposed upon

an officer employee under suspension is set aside or declared or rendered, void in consequenceof or by a decision of Court of law, and the Disciplinary Authority on consideration of the

circumstances of the case decides to hold further inquiry against him on the allegations on which

the penalty of dismissal, removal or compulsory retirement was originally imposed, the officer employee shall be deemed to have been placed under suspension by the competent authorityfrom the date of the original order of dismissal, removal or compulsory retirement and shall

continue to remain under suspension until further orders.

An order of suspension made or deemed to have been made under this regulation shall continue

to remain in force until it is modified or revoked by the authority competent to do so.

An order of suspension made or deemed to have been made under this regulation may at anytime be modified or revoked by the authority which made or is deemed to have made the order.

LEAVE DURING SUSPENSION (Regulation: 13)

No leave shall be granted to an officer employee under suspension.

SUBSISTENCE ALLOWANCE DURING SUSPENSION (Regulation: 14)

An officer employee who is placed under suspension shall, during the period of such suspensionand subject to sub-regulations (2) to (4) be entitled to receive payment from the bank by way of

subsistence allowance on the following scale, namely:-

Basic Pay

For the first three months of suspension 1/3 of the basic pay which the officer employee was



receiving on the date prior to the date of suspension irrespective of the nature of enquiry.

For the subsequent period after 3 months from the date of suspension,

Where the enquiry is held departmentally by the bank, ½ of the basic pay, the officer employeewas drawing on the date prior to the date of suspension and

Where the enquiry is held by an outside agency, 1/3 of the basic pay which the officer employeewas drawing on the date prior to the date of suspension for the next three months and ½ of the basic pay which the officer employee was drawing on the date prior to the date of suspension for

the remaining period of suspension.

Allowances:

For the entire period of suspension, dearness allowance and other allowances exceptingconveyance allowance, entertainment allowance and special allowance will be calculated on the

reduced pay as specified in (i) & (ii) of clause (a) above and at the prevailing rates or at ratesapplicable to similar category of officers.

During the period of suspension an officer employee shall not be entitled to occupation of rent-

free or free house of the bank¶s car or receipt of conveyance or entertainment allowance or special allowance.

No officer employee of the bank shall be entitled to receive payment of subsistence allowanceunless he furnishes a certificate that he is not engaged in any other employment, business,

profession or vocation.

If during the period of suspension an officer employee retires by reason of his attaining the age

of superannuation, no subsistence allowance shall be paid to him from the date of his retirement.

PAY, ALLOWANCES AND TR EATMENT OF SERVICEON TER MINATION OF

SUSPENSION (Regulation:15)

Where the competent authority holds that the officer employee has been fully exonerated or that

the suspension was unjustifiable, the officer employee concerned shall be granted the full pay towhich he would have been entitled, had he not been suspended, together with any allowance of which he was in receipt immediately prior to his suspension, or may have been sanctioned

subsequently and made applicable to all officer employees.

In all cases other than those referred to in sub-regulation (1), the officer employee shall be

granted such proportion of pay and allowances as the competent authority may direct;

Provided that the payment of allowances under this sub-regulation shall be subject to all other conditions to which such allowances are admissible;

Provided further that the pay and allowances granted under this sub-regulation shall not be lessthan the subsistence and other allowances admissible under regulation 14.

In a case falling under sub-regulation (1), the period of absence from duty shall, for all purposes, be treated as a period spent on duty;

In a case falling under sub-regulation (2), the period of absence from duty shall not be treated as

a period spent on duty unless the competent authority specifically directs, for reasons to berecorded in writing, that it shall be so treated for any specific purpose.

Employees on Deputation from the Central Government, State Government etc.



(Regulation 16)

Where an order of suspension is made or disciplinary proceeding is taken against an officer

employee, who is on deputation to the bank from the Central Government or the StatementGovernment, or Reserve Bank of India or another Public Sector Bank or banking company or a

public financial institution or an institution wholly or substantially owned by the Reserve Bank

of India or a public financial institution or public undertaking or a local authority, the authoritylending his services ( hereinafter referred to as the 'Lending Authority') shall forthwith beinformed of the circumstances leading to the order of his suspension, or the commencement of

the disciplinary proceedings, as the case may be.

In the light of the findings in the disciplinary proceeding taken against the officer employee -

If the Disciplinary Authority is of the opinion that any of the minor penalties should be imposed

on him, it may pass such orders on the case as it deems necessary after consultation with theLending Authority.

Provided that in the event of a difference of opinion between the Disciplinary Authority and theLending Authority, the services of the employee shall be placed at the disposal of the Lending

Authority.

If the Disciplinary Authority is of the opinion that any of the major penalties should be imposed

on him, it should replace his services at the disposal of the Lending Authority and transmit to itthe proceedings of the enquiry for such action as it deems necessary.

If the officer employee submits an appeal against an order imposing a minor penalty on him it

will be disposed of after consultation with the Lending Authority;

Provided that if there is a difference of opinion between the Appellate Authority and the Lending

Authority, the services of the officer employee shall be placed at the disposal of the LendingAuthority, and the proceedings of the case shall be transmitted to that authority for such action as

it deems necessary.

APPEALS (Regulation 17)

An officer employee may appeal against an order imposing upon him any of the penalties

specified in regulation 4 or against the order of suspension referred to in regulation 12. Theappeal shall lie to the Appellate Authority.

An appeal shall be preferred within 45 days from the date of receipt of the order appealedagainst. The appeal shall be addressed to the Appellate Authority and submitted to the authority

whose order is appealed against. The authority whose order is appealed against shall forward theappeal together with its comments and the records of the case to the Appellate Authority. The

Appellate Authority shall consider whether the findings are justified or whether the penalty isexcessive or inadequate and pass appropriate orders. The Appellate Authority may pass an order

confirming, enhancing, reducing or setting aside the penalty or remitting the case to the authoritywhich imposed the penalty or to any other authority with such direction as it may deem fit in the

circumstances of the case;

Provided that -

If the enhanced penalty which the Appellate Authority proposed to impose is a major penalty

specified and an enquiry has not already been held in the case, the Appellate Authority shalldirect that such an enquiry be held and thereafter consider the record of the inquiry and pass such



orders as it may deem proper.

If the Appellate Authority decides to enhance the punishment but an enquiry has already been

held, the Appellate Authority shall give a show-cause notice to the officer employee as to whythe enhanced penalty should not be imposed upon him and shall pass final order after taking into

account the representation, if any, submitted by the officer employee.

R EVIEW (Regulation 18)

Notwithstanding anything contained in these regulations, the Reviewing Authority may at any

time within six months from the date of the final order, either on his own motion or otherwisereview the said order, when any new material or evidence which could not be produced or was

not available at the time of passing the order under review and which has the effect of changingthe nature of the case, has come or has been brought to his notice and pass such orders thereon as

it may deem fit.

Consultation with Central Vigilance Commission (Regulation 19)

The bank shall consult the Central Vigilance Commission wherever necessary, in respect of alldisciplinary cases having a vigilance angle.

Service of Orders, Notices etc. (Regulation 20)

Every order, notice and other process made or issued under these regulations shall be served in person on the officer employee concerned or communicated to him by registered post at his last

known address.

Power to Relax Time Limit and to Condone Delay (Regulation 21)

Save as otherwise expressly provided in these regulations, the authority competent under these

Regulations to make any order may, for good and sufficient reasons or if sufficient cause isshown, extend the time specified in these Regulations for anything required to be done under

these regulations or condone any delay.

Repeal and Saving (Regulation 22)

Every rule, regulation, bye-law or every provision in any agreement or a resolutioncorresponding to any of the Regulations herein contained and in force immediately before the

commencement of these Regulations and applicable to the officer employee is hereby repealed.

Notwithstanding such repeal any order made or action taken under the provisions so repealedshall be deemed to have been made or taken under the corresponding provisions of these

Regulations;

Nothing in these regulations shall be construed as depriving any person to whom these

regulations apply, of any right of appeal which had accrued to him under any of the provisions sorepealed

"An appeal pending at the commencement of these regulations against an order made before thecommencement of these regulations shall be considered and orders thereon shall be made inaccordance with these regulations;

Any proceedings which have already been initiated but not yet been completed at thecommencement of these regulations shall be continued and disposed as far as may be, in

accordance with the provisions of these regulations, as if such proceedings were under theseregulations.



Disciplinary Action against Workmen Staff and Procedure therefore :

BIP

ARTITE

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TTLEME

NT

1.A person against whom disciplinary action is proposed or likely to be taken shall inthe firstinstance be informed of the particulars of the charge "against him and he shall have' a proper

opportunity to give his explanation as to such particulars. Final orders shall be passed after dueconsideration of all the relevant facts and circumstances. With this object in view, the following

shall apply.2. By the expression "offence" shall be meant any offence involving moral turpitude for which

an employee is liable to conviction and sentence under any provision of Law.

(a) When in the opinion of the management an employee has committed an offence, unless he is

otherwise prosecuted, the bank may take steps to prosecute him or get him prosecuted and insuch a case he may also be suspended.

(b) If he be convicted, he may be dismissed with effect from the date of his conviction or begiven any, lesser form of punishment as mentioned in Clause 6 below.

(c) If he be acquitted, it shall be open to the management to proceed against him under the provisions set out below in Clauses 11 and 12 infra relating to discharges.

However, in the event of the management deciding after enquiry not to continue him in service,

he shall be liable only for termination of service with three months pay and allowances in lieu of notice. And he shall be deemed to have been on duty during the period of suspension, if any, and

shall be entitled to the full pay and allowances minus such subsistence allowance as he hasdrawn and to all other privileges for the period of suspension provided that if he be acquitted by

being given the benefit of doubt he may be paid such portion of such pay and allowances as themanagement may deem proper and the period of his absence shall not be treated as a period

spent on· duty unless the management so directs.

(d) If he prefers an appeal or revision application against his conviction and is acquitted, in casehe had already been dealt with as above and he applies to the management for reconsideration of

his case, the management shall review his case and may either reinstate him or proceed againsthim under the provisions set out below in Clauses 11 and 12 infra relating to discharge and the

provision set out above as to pay, allowances and the period of suspension will apply the periodupto- date for which full pay and allowances have not been drawn being treated as one of

suspension. In the event of the management deciding, after enquiry not to continue him inservice, the employee shall be liable only for termination with three months pay and allowance in

lieu of notice, as directed above.

4. If after steps have been taken to prosecute an employee or to get him prosecuted, for anoffence, he is not put on trial within a year of the commission of the offence, the management

may then deal with him as if he had committed an act of "gross misconduct or of ³minor isconduct´ as defined below; provided that if the authority which was to start prosecution



proceedings refuses to do so or comes to the conclusion that there is no case for prosecution itshall be open to the management to proceed against the employee under the provisions set out

below in Clauses 11 and 12 infra relating to discharge, but he shall be deemed to have been onduty during the period of suspension, if any, and shall be entitled to the full wages and

Allowances and to all other privileges for such period. In the event of the management deciding,

alter enquiry, not to continue him in service, he shall be liable only for termination with threemonths¶ pay and allowances in lieu of notice as provided in Clause 3 above. If within the pendency of the proceedings thus instituted he is put on trial such proceedings shall be stayed

pending the completion of the trial, after which the provisions mentioned in Clause 3 above shallapply.

5. By the expression ³gross misconduct´ shall be meant any of the following acts and omissions

on the part of an employee:

(a) Engaging in any trade or business outside the scope of his duties except with the written permission of the bank.

(b) Unauthorized disclosure of information regarding the affairs of the bank or any of Itscustomers or any other person connected with the business of the bank which is confidential or

the disclosure of which is likely to be prejudicial to the interests of the bank.(c) Drunkenness or riotous or disorderly or indecent behavior on the premises of the bank;

(d) Willful damage or attempt to cause damage to the property of the bank or any of itscustomers;

(e) Willful insubordination or disobedience of any lawful and reasonable order of theManagement or of a superior;

(f) habitual doing of any act which amounts to ³minor misconduct´ as defined below, habitualmeaning a course of action taken or persisted in, notwithstanding that at least on three previous

occasions censure or warnings have been administered or an adverse remark has been enteredagainst him;

(g) Willful slowing down in performance of work;(h) Gambling or betting on the premises of the bank

(i) Speculation in stocks, shares, securities or any commodity whether on his account or that of any other persons;

(j) Doing any act prejudicial to the interest of the bank or gross negligence or negligenceinvolving or likely to involve the bank in serious loss;

(k) Giving or taking a bribe or illegal gratification from a customer or an employee of the bank;(l) Abetment or instigation of any of the acts or omissions above mentioned.

(m) Knowingly making a false statement in any document pertaining to or in connectionwith his employment in the bank.

(n) Resorting to unfair practice of any nature whatsoever in any examination conducted by theIndian Institute of Bankers or by or on behalf of the bank and where the employee is caught in

the act of resorting to such unfair practice and a report to that effect has been received by the bank from the concerned authority.

(o) Resorting to unfair practice of any nature whatsoever in any examination conducted by theIndian Institute of Bankers or by or on behalf of the bank in cases not covered by the above Sub

Clause (n) and where a report to that effect has been received by the bank from the concernedauthority and the employee does not accept the charge.



(p) Remaining unauthorized absent without intimation continuously for a period exceeding 30days:

(q) Misbehavior towards customers arising out of bank's business.(r) Contesting election for parliament / legislative assembly / legislative council / local bodies /

Municipal Corporation / Panchayat, without explicit written permission of the bank.

(s) Conviction by a criminal Court of Law for an offence involving moral turpitude.(t) Indulging in any act of 'sexual harassment' of any woman at her work place.

Note: Sexual harassment shall include such unwelcome sexually determined behaviour (whether directly or otherwise) as

(a) Physical contact and advances;

(b) Demand or request for sexual favors;(c) Sexually co1oured remarks;

(d) Showing pornography; or (e) Any other unwelcome physical verbal or non-verbal conduct of a sexual nature.

(u) (For State Bank of India ) the giving or taking or abetting the giving or taking of dowry or demanding directly or indirectly from the parents or guardians of a bride or bridegroom. as the

case may be, any dowry.

Explanation - For the purpose of sub-clause (u) the word 'dowry' has the same meaning as in the"Dowry Prohibition Act, 1961"

6. An employee found guilty of gross misconduct may:

(a) Be dismissed without notice; or

(b) Be removed from service with superannuation benefits i.e. Pension and or Provident Fundand Gratuity .as would be due otherwise under the Rules or Regulations prevailing at the relevant

time and' without disqualification from future employment; or (c) Be compulsorily retired with superannuation benefits i.e. Pension and/or Provident Fund and

Gratuity as would be due otherwise under the Rules or Regulations prevailing at the relevanttime and without disqualification from future employment; or

(d) Be discharged from service with superann uation benefits i.e. Pension and' or Provident Fundand Gratuity as would be due otherwise under the Rules or Regulations prevailing at the relevant

time and without disqualification from future employment: or (e) Be brought down to lower stage in the scale of pay up to a maximum of two stages; or

(f) Have his increments stopped with or without cumulative effect; or (g) Have his special pay withdrawn; or

(h) Be warned or censured, or have an adverse remark entered against him; or (i) Be fined.

7. By the expression "minor misconduct" shall be meant any of the following acts and Omissions

on the part of an employee:

(a) Absence without leave or overstaying sanctioned leave without sufficient grounds;(b) Unpunctual or irregular attendance;



(c) Neglect of work, negligence in performing duties;(d) Breach of any rule of business of the bank or instruction for the running of any

department;(e) Committing nuisance on the premises of the bank;

(f) Entering or leaving the premises of the bank except by an entrance provided for the purpose:

(g) Attempt to collect or collecting moneys within the premises of the bank without the previous permission of the management or except as allowed by any rule or law for the time being inforce:

(h) Holding or attempting to hold or attending any meeting on the premises of the bank withoutthe previous permission of the management or except in accordance with the provisions of any

rule or law for the time being in force:(i) Canvassing for union membership or collection of union dues or subscriptions within the

premises of the bank without the previous permission of the management or except inAccordance with the provisions of any rule or law for the time being in force:

(j) Failing to show proper consideration, courtesy or attention towards officers, customers or other employees of the bank, unseemly or unsatisfactory behavior while on duty;

(k) Marked disregard of ordinary requirements of decency and cleanliness in personor dress;

(l) Incurring debts to an extent considered by the management as excessive;(m) Resorting to unfair practice of any nature whatsoever in any examination conducted by the

Indian Institute of Bankers or by or on behalf of the bank in cases not covered by sub-clause (n)under 'Gross Misconduct' and where a report to that effect has been received by the bank from

the concerned authority and the employee accepts the charge;(n) Refusal to attend training programs without assigning sufficient and valid

reasons:(o) Not wearing, while on duty, identity card issued by the bank;

(p) Not wearing, while on duty, the uniforms supplied by the bank, in clean condition.

8. An employee found guilty of minor misconduct may:

(a) Be warned or censured; or (b) Have an adverse remark entered against him; or

(c) Have his increment stopped for a period not longer than six months.

9. A workman found guilty of misconduct, whether gross or minor, shall not be given more thanone punishment in respect of anyone charge.

10. In all cases in which action under Clauses 4, 6 or 8 may be taken, the proceedings held shall be entered in a book kept specially for the purpose. in which the date on which the proceedings

are held, the name of the employee proceeded against, the .charge or charges, the evidence onwhich they are based, the explanation and the evidence, if any, tendered by the said employee,

the finding or findings. with the grounds on which they are based and the order passed shall berecorded with sufficient fullness, as clearly as possible and such record of the proceedings shall

be signed by the officer who holds them, after which a copy of such record shall be furnished tothe employee concerned if so requested by him in writing.



11. When it is decided to take any disciplinary action against an employee such decision shall becommunicated to him within three days thereof.

12. The procedure in such cases shall be as follows:-

(a) An employee against whom disciplinary action is proposed or likely to be taken shall begiven a charge-sheet clearly setting forth the circumstances appearing against him and a dateshall be fixed for enquiry, sufficient time being given to him to enable him to prepare and give

his explanation as also to produce any evidence that he may with to tender In his defense. Heshall be permitted to appear before the officer conducting the enquiry, to cross-examine any

witness on whose evidence the charge rests and to examine witnesses and produce other evidence in his defense. He shall also be permitted to be defended;

(I) (X) By a representative of a registered trade· union of bank employees of which he is amember on the date first notified for the commencement of the enquiry.

(y) Where the employee is not a member of any trade union of bank employees on theaforesaid dates by a representative of a registered trade union of employees of the bank in which

he is employed: OR (II) At the request of the said union by a representative of the state federation or all India

Organization to which such union is affiliated; OR (III) With the Bank's permission, by a lawyer. He shall also be given a hearing as regards the

nature of the propose punishment in case any charge is established against him.

(b) Pending such inquiry or initiation of such inquiry he may be suspended, but if on theconclusion of the enquiry it is decided to take no action against him he shall be deemed to have

been on duty and shall be entitled to the full wages and allowances and to all other privileges for the period of suspension; and. if some punishment other than dismissal is inflicted the whole or a

part of the period of suspension, may, at the discretion of the management, be treated as on dutywith the right to a corresponding por1ion of the wages, allowances, etc.

(c) In awarding punishment by way of disciplinary action the authority concerned shall take into

account the gravity of the misconduct. the previous record, if any, of the employee and any other aggravating or extenuating circumstances, that may exist Where sufficiently extenuating

circumstances exist the misconduct may be condoned and in case such misconduct is of the grosstype he may be merely discharged, with or without notice or on payment of a month's pay and

allowances, In lieu of notice. Such discharge may also be given where the evidence is found to be insufficient to sustain the charge and where the bank does not, for some reason or other, think

it expedient to retain the employee in question any longer in service. Discharge in such casesshall not be deemed to amount to disciplinary action.

(d) If the representative defending the employee is an employee of the same bank at an outstation

branch within the same State, he shall be relieved on special leave (on full pay and allowances)to represent the employee and be paid one return fare. The class of fare to which he will be

entitled would be the same as while travelling on duty. In case of any adjournment at the instanceof the bank/enquiry officer he may be asked to resume duty and if so, will be paid fare for the

consequential journey. He shall also be paid full halting allowance for the period he stays at the place of the enquiry for defending the employee as also for the days of the journeys which are



undertaken t the bank's cost.

Explanation:

'State' for the purpose shall mean the area which constitutes a political State, but this

explanation will not apply to SBI:

(e) An enquiry need not be held if :

(i) The bank has issued a show cause notice to the employee advising him of the misconduct andthe punishment for which he may be liable for such misconduct;

(ii) The employee makes a voluntary admission of his guilt in reply to the aforesaid show causenotice; and

(iii) The misconduct is such that even if proved the bank does not intend to award the punishment of discharge or dismissal. However, if the employee concerned requests a hearing

regarding the nature of punishment such a hearing shall be given.

(f) An enquiry need not also be held if the employee is charged with minor misconduct and the punishment proposed to be given is warning or censure. However,

(i) The employee shall be served a show cause notice advising him of the misconduct and the

evidence on which the charge is based; and(ii) The employee shall be given an opportunity to Submit his written statement of defense, and

for this purpose has a right to have access to the documents and ³material´ on which the chargeis based;

(iii) If the employee requests a hearing such a hearing shall be given and in such a hearing hemay be permitted to be represented by a representative authorized to defend him in an enquiry

had such an enquiry been held.

(g) Where an employee is charged with a minor misconduct and an enquiry is not held on two previous occasions, an enquiry shall be held in respect of the third occasion.

13. Where the provisions of this Settlement conflict with the procedure or rules in force in any

bank regarding disciplinary action, they shall prevail over the latter. There may, in such procedure or rules, exist certain provisions outside the scope of the provisions contained in this

Settlement enabling the bank to dismiss, warn, censure, fine an employee or have his incrementstopped or have an adverse remark entered against him. In all such cases also the provisions set

out in Clauses 10 and 11 above shall apply.

14. The Chief Executive Officer or the Principal Officer in India of a bank or an AlternateOfficer at the Head Office or Principal Office nominated by him for the purpose shall decide

which officer (i.e. the disciplinary authority) shall be empowered to take disciplinary action inthe case of each office or establishment. He shall also decide which officer or body higher in

status than the officer authorized to take disciplinary action shall act as the appellate authority todeal with or hear and dispose of any appeal against order passed in disciplinary matters. These

authorities shall be nominated by, designation, to pass original orders or hears and dispose of appeals from time to time and a notice specifying the authorities so nominated shall



be published from time to time on the bank¶s notice board.

It is clarified that the disciplinary authority may conduct the enquiry himself or appointanother officer as the Enquiry Officer for the purpose of conducting an enquiry. The appellate

authority shall, if the employee concerned is so desirous, in a case of dismissal, hear him or his

representatives before disposing of the appeal. In cases where hearings are not required, anappeal shall be disposed of within two months from the date of receipt thereof. In cases wherehearings are required to be given and requested for, such hearings shall commence within one

month from the date of receipt of the appeal and shall be disposed of within one month from thedate of conclusion of such hearings. The period within which an appeal can be preferred shall be

45 days from the date on which the original order has been communicated in writing to theemployee concerned.

15. Every employee who is dismissed or discharged shall be given a service certificate, withoutavoidable delay.

16. Any notice, order, charge-sheet communication or intimation which is meant for an

individual employee, shall be in a language understood by the employee concerned. In the caseof an absent employee notice shall be sent to him by registered post with acknowledgement due.

If an employee refuses to accept any notice, order, charge-sheet, written communication or written intimation in connection, with disciplinary proceedings when it is sought to be served

upon him, such refusal shall be deemed to be good service upon him, provided such refusal takes place in the presence of at least two persons including the person who goes to effect service upon

him. Where any notice, order, charge-sheet, intimation or any other official communicationwhich is meant for an individual employee is sent to him by registered post acknowledgement

due of the last recorded address communicated in writing by the employee and acknowledged bythe bank, the same is to be deemed as good service.

Date of effect.

1. The provisions under this Memorandum of Settlement shall come into effect from the date of

the Settlement and shall continue to govern and bind the parties until the Settlement is terminated by either party giving to the other a statutory notice as prescribed in law for the time being in

force.2. Copies of the Memorandum of Settlement will be jointly forwarded by the parties to the

authorities listed in Rule 58 of the Industrial Disputes (Central) Rules 1957, so that the terms andconditions hereof are binding on the parties as provided in law.

General Disciplinary Actions Taken by Firm

Documents

Transcript of General Disciplinary Actions Taken by Firm