(1) (a)
(b)
(c)
(d)
(e) Subject to sub-regulation 3 of regulation 16, where the Bank is satisfied that performance of an officer is unsatisfactory or inadequate or there is a bonafide suspicion about his integrity or his retention in the Bank's service would be prejudicial to the interests of the Bank, and where it is not possible or expedient to proceed against him as per the disciplinary procedure, the Bank may terminate his services on giving him three months' notice or emoluments in lieu thereof in accordance with the guidelines issued by the Government from time to time.
Order of termination under this sub regulation shall not be made unless such officer has been given a reasonable opportunity of making a representation to the Bank against the proposed order.
The decision to terminate the services of an officer employee under sub-regulation (a) above will be taken only by the Chairman and Managing Director.
The officer employee shall be entitled to appeal against any order passed under sub-regulation (a) above by preferring an appeal within 15 days to the Board of Directors of the Bank. If the appeal is allowed, the order under sub-regulation (a) shall stand cancelled.
Where an officer employee whose services have been terminated and who has been paid an amount of three months' emoluments in lieu of notice and on appeal his termination is cancelled, the amount paid to him in lieu of notice shall be adjusted against the salary that he would have earned, had his services not been terminated and he shall continue in the bank's employment on same terms and conditions as if the order of termination had not been passed at all.
(2)
(3)
(f)
(g)
(i)
(ii) An officer employee whose services are terminated under sub-regulation (a) above shall be paid Gratuity, Provident Fund including employer's contribution and all other dues that may be admissible to him as per rules notwithstanding the years of service rendered.
Nothing contained hereinabove will affect the Bank's right to retire an officer employee under Regulation19(1).
An officer shall not leave or discontinue his service in the Bank without first giving a notice in writing of his intention to leave or discontinue his service or resign. The period of notice required shall be three months and shall be submitted to the Competent Authority as prescribed in these regulations.
Provided further that the competent authority may reduce the period of three months, or remit the requirement of notice.
An officer against whom disciplinary proceedings are pending shall not leave/discontinue or resign from his service in the bank without the prior approval in writing of Competent Authority and any notice or resignation given by such an officer before or during the disciplinary proceedings shall not take effect unless it is accepted by the Competent Authority.
Disciplinary proceedings shall be deemed to be pending against any employee for the purpose of this regulation if he has been placed under suspension or any notice has been issued to him to show cause why disciplinary proceedings shall not be instituted against him and will be deemed to be pending until final orders are passed by the Competent Authority.
(iii) The officer against whom disciplinary proceedings have been initiated will cease to be in service on the date of superannuation but the disciplinary proceedings will continue as if he was in service until the proceedings are concluded and final order is passed in respect thereof. The concerned officer will not receive any pay and/or allowance after the date of superannuation. He will also not be entitled for the payment of retirement benefits till the proceedings are completed and final order is passed thereon except his own contributions to CPF.
GUIDELINES OF THE GOVERNMENT UNDER REGULATION 20(1) (a) The option to terminate the services of an officer shall be exercised only where-
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii) Decisions taken by the officer employee in his capacity as an officer employee has put the bank to monetary loss though no misconduct as such can be proved against him.
The officer employee for any reasons, has not been attending to his duties in the bank continuously for a period of 90 days after exhausting all leave due to him or after his request for leave or extension of leave has been refused in writing.
The officer employee employed on the basis of a particular expertise or skill or qualification, ceases to possess such an expertise or skill or qualification, for any reason whatsoever.
The officer employee, for three consecutive years on annual appraisal of his performance, has received ratings of less than average and despite the appraisal reports of the first two years having been communicated to him there has been no improvement or insufficient improvement of his performance.
Situation is such that due to violence, insurgency or general indiscipline, insubordination, holding an enquiry against the officer employee is not possible.
The evidence to be relied upon to prove the misconduct gets destroyed or the principal witness(es) becomes unavailable for reasons beyond management control.
There is such other cause as would reasonably lead the Bank to believe that the retention of the officer employee would prejudice the Bank's Interest.
GUIDELINES OF GOVERNMENT UNDER REGULATION 20(3) In order to ensure compliance of the provisions of Regulation 20(3) for continuing the disciplinary proceedings against an officer who has reached superannuation, it has been decided to lay down certain ground rules.
A list of all those officers who are retiring in the next two years should be got prepared at the beginning of every year by the Disciplinary/Competent Authority.
Thereafter, the Disciplinary/Competent Authority should get the following scrutiny done in the case of each officer:
- - - Reports from the Vigilance Department should be obtained to verify whether any enquiry/investigation is pending against the officer which is likely to result in disciplinary action being taken against the officer.
Inspection reports pertaining to the retiring officer's work should be carefully examined to see if the officer has committed grave irregularities which may lead to criminal/departmental action against him, especially if the officer is working in a branch or dealing with operational matters.
Check whether any other serious complaint is pending.
It should be ensured that all cases of irregularities, lapses, etc., alleged to have been committed by the officer are looked into one year before the retirement of the officer. Thereafter, it should be ensured that disciplinary proceedings, if any, are initiated and completed well before the date of superannuation. In cases where departmental proceedings are already pending, a time-bound programme should be drawn up to ensure that the proceedings are completed well before the date of superannuation.
The Chief Executive should once in a period of three months call for the list of officers against whom disciplinary proceedings are contemplated/pending and who are due to retire in the next two years and check the progress of the cases of these officers, and issue such directions as deemed necessary for expeditious disposal of the cases.
Three months before an officer is due for retirement the Competent Authority should once again check up with the vigilance department and obtain a fresh clearance from them. At this stage if any fresh case is brought to the notice of the Competent Authority, he should immediately submit a report to the Chief Executive of the bank giving the details of the misconduct/irregularities that the officer is reported to have committed and also whether in his view departmental proceedings should be initiated. The Chief Executive should take a view regarding continuation of disciplinary proceedings beyond the date of superannuation as if the officer was in service, depending upon the gravity of the irregularities committed and sensitiveness of the case. If the Chief Executive is of the view that action should be taken against the officer even if it results in continuation of disciplinary proceedings beyond the date of superannuation, the officer should be immediately advised by a proper order and the Disciplinary Authority should be ordered immediately to frame charges against him and prepare a time-bound programme for completion of disciplinary proceedings within the next six months.
In the case of officer against whom disciplinary proceedings have already been initiated, the Disciplinary Authority should examine the case three months before the officer is due for retirement and submit a note to the Chief Executive indicating whether the inquiry will be completed before the date of superannuation. In case proceedings are likely to continue beyond the normal date of superannuation, the officer should be informed by a proper order about the continuation of the enquiry proceedings, even though he would cease to be in service.
The cases of such officers against whom disciplinary proceedings will continue beyond superannuation should be put up to Board of Directors of the Bank for information/ confirmation.
A scrutiny will also have to be carried out in case of the officers who are under suspension at the time of their retirement. By a suitable order the officer should be advised about continuation of disciplinary proceedings upon his ceasing to be in bank's service on reaching superannuation. Whenever necessary CBI/Police authority should be informed.
CHAPTER V ALLOWANCES Dearness Allowance