Appointment in nationalised bank with 498a pending at court

WARRIOR

This is the extract from IBA Guidelines which follows by all nationalised bank for the purpose of Appointment  

 

IBA Guidelines uniformly adopted by the banks.

CHAPTER V

APPOINTMENT, PROBATION,

CONFIRMATION & SENIORITY

 

3. Procedure of Confirmation / Extension of Probation:

a)      The Competent Authority shall appraise the performance of an officer during the probation period and confirm him/her as from due date if his/her performance is satisfactory.

 

b)         In case, the performance of any officer is not found to be satisfactory his/her probation period shall be extended by further period not exceeding one year as per rules. Such extension in probation period shall be effected initially for a period of six months with the advice to the concerned officer to improve his/her performance. Simultaneously, he/she should also be informed that his/her seniority is reckoned just below all the officers, if any, recruited/ promoted in the same batch alongwith him/her as per Regulation 18(4) of OSR. After completion of six months extended probation period, the Competent Authority again appraises his/her performance as per procedure as above and in case his/her performance is satisfactory, he/she may be confirmed prospectively.

 

c)         However, in case the performance of an officer is not found to be satisfactory during the first six months of extended period of probation also, the probation period shall be further extended for another six months period (not exceeding one year in total as per rules as above) with the final advice to an officer that he/she should improve his/her performance during this extended period failing which he/she shall be terminated from the bank services (Direct appointee officers)/ reverted to the cadre/scale (promotee officers) from which he/she was promoted. After completion of extended probation period, the Competent Authority appraise his/her performance as above and confirm him/her prospectively in case his/her performance as above and confirm him/her prospectively in case his/her performance is found to be satisfactory.

 

d) However, in case his/her performance is not found to be satisfactory during the total one year extended period of probation, in case of direct appointee his/her sen/ices shall be terminated by giving one month's notice or one month's emoluments thereof and in the case of a promotee officer, he/she shall be reverted to the cadre/scale from which he/she was promoted.

 

4. Report of Character & Antecedents From The Police Authorities:

In the case of newly recruited officer, the satisfactory report of Police Authorities regarding his/her character and antecedents is also mandatory in addition to his/her satisfactory performance during the probation. In case of unsatisfactory report of an officer he will be terminated as per service condition mentioned in his/her appointment letter.

 

5. Report of Disciplinary/Vigilance/Criminal Action:

The information regarding pending / contemplated cases of disciplinary/ vigilance/ criminal action against the officer shall be collected from the relevant department/ offices at the time of considering the case of confirmation officer. In the event of any case of disciplinary/ vigilance/criminal action pending / contemplated against any promotee officer, it shall be examined whether the case pertains to the lower cadre/ scale or the same pertains to existing higher scale of officer. There can be 3 (three) categories of such officers. These categories alongwith procedure to be adopted for considering the case of confirmation of such officer are mentioned therein below. However, needles to mention that satisfactory performance during the probation period/ extended probation period shall be pre-requisite for confirmation.

 

a) Cases of Disciplinary / Vigilance / Criminal Action pertaining to lower scale/ cadre or existing   higher scale:

i)                    An officer, whose case of disciplinary action was placed before the Promotion Committeeat the time of interview and he/she was promoted by the Promotion Committee after knowing the fact of disciplinary action pending/ contemplated against him/her. The case of confirmation of such officer may be considered as per procedure of confirmation/extension of probation sated above irrespective of the case of disciplinary/ vigilance / criminal action pending against him/her.

ii)                     An Officer whose case of irregularity/ unauthorised business etc. in the lower scale

comes to light after his/her promotion and a case of disciplinary/ vigilance/ criminal action has become pending/ contemplated against him/ her during the probation period. The case of confirmation of such officer may also be considered as per procedure of confirmation/ extension of probation stated above.

iii)                    An Officer who has committed any irregularity/ unauthorised business/ misconduct^

remain unauthorised/y absent during the probation period itself and the case of disciplinary/ vigilance/ criminal action is pending/ contemplated against him. The act of misconduct etc. of such an officer shall have bearing on the performance of an officer during the probation period and the same shall reflect in his/her report of performance obtained at the time of considering his/her case of confirmation. The Reporting/ Competent Authority shall appraise / adjudge his/her performance keeping in view the irregularity/ unauthorised business/ misconduct & other relevant factors of performance and decide about his/her performance being satisfactory or unsatisfactory. Thereafter, his/her case of confirmation may be considered as per procedure of confirmation.

As regards to the case of disciplinary/ vigilance / criminal pending/ contemplated against the above 3 (three) categories of officers, the decision shall be taken by the Disciplinary Authority on the basis of disciplinary proceedings etc. pending/ contemplated against them separately and the outcome of the same/ orders of Disciplinary Authority as issued in future would be applicable upon them.

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Dear Exparts 

          Now based on above mentioned guidelines can a person get a job of Clerical grade  in a nationalised bank while 498a is pending at court and charge is not yet frame after police gave chargesheet. Accuse was never arrested and got bail from lower court on first appearance. 

          please clear the meaning of below mentioned lines as it is  referred in point 5 of the  Banking rule :

"However, needles to mention that satisfactory performance during the probation period/ extended probation period shall be pre-requisite for confirmation."

 

The complete guideline in pdf is attached herewith 



Attached File : 495861447 bank rule book appointment.pdf downloaded 72 times
 
Reply   
 
Advocate

This is not a bar  for the first appointment,.But in case of punishment,it may go against you later,by way of  disciplinary action .


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Mr. Isaac Gabriel has rightly observed and opined.  The impending 498a (due to matrimonial disputes) has nothing to do with the appointment to the cadre of clerk once already selected after observing the entire recruitment formalities. As per law, any accused is innocent until he is convicted, this rule applies for recruitment purpose.  After being recruited and installed in the employment, if the case is going against the accused, the employer may contemplate legal action as envisaged in the service laws.  For the present there is nothing to worry, you may go ahead with the employment, do not keep worrying about the one which is not there (atleast for the present), allow the things to happen in its own way, do not meddle with it.


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Reply   
 
Dy Director

I am sorry. i am not able to agree.

 

Pending criminal case is certainly ahurdle to join Govt organisation even on first appointment.  Govt does not recruit undertrials on the hope of throwing out onconviction.

 

Further even if a serving employee is convicted there is no need for disciplinary action.  Art 311 provides it clear that he can be dismissed from service without any chargehseet of inquiry.

 
Reply   
 
Advocate

Pl.see the link,which will throw more light  on the issue

http://498amisuse.wordpress.com/2012/09/13/government-cannot-cancel-appointment-of-candidate-on-the-ground-that-498a-or-a-criminal-case-is-pending/


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Reply   
 
Dy Director

I can agree with Mr Gabriel.

 

But reality is that Govt officials do not read Court judgements for deciding matters on their files.  They read these judgements only when they loose case on the Govt and implement the judgement when left with no choice.

 

No DOPT instructions are issued based on the judgement referred by Mr Gabriel and without such orders the official will not read the said judgements.  The queries tcan at the most go to court  for similar treatment under similar situations and if getting favourable order can compel deptt to join.


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Dy Director

Notwithstanding the above views of Mr Gabriel and Mine.

 

I still maintain that even if deptt is compelled to allow joining still he cannot clear probation with pending criminal case.


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