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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 July 2008

Acting beyond authority amounts to misconduct

Dear All,

The following was published on July 04 2008, Page 7,  Hindustan Times, NewDelhi edition.

The Govt.Offiicials/ Public Servants, can be prosecuted under the various provisions of the I.P.C.,  with and without the sanction of respective senior departments. The provisions of the I.P.C. should be used / kept in mind when you see the red-tapism going beyond the limits and should be widely used by the common public.

Keep Smiling ...  HemantAgarwal

 

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Acting beyond authority amounts to misconduct: High Court                             

AN EMPLOYEE can be dismissed for acting beyond his authority as it amounts to breach of discipline and misconduct, the Delhi High Court said on Thursday
The court gave the ruling while enhancing the punishment of  'compulsory retirement'  given to a manager of the State Bank of India (SBI) found guilty on this count to 'dismissal'.
"The bank manager has to act and discharge his functions in accordance with the rules and regulations. Acting beyond one's authority is by itself a breach of discipline and misconduct. In the instant case the charges proved against the respondent are serious and grave in nature," observed a Bench of Chief Justice Ajit Prakash Shah and Justice S. Muralidhar.
Chaman Lal was found to have sanctioned loans in violation of banking regulations and bending rules to favour certain companies. He was also found guilty of serious lapses like opening a current account without any or proper introductory references and sanctioning loans without adequate security
The judges upheld the argument of the bank that being a branch manager Lal was required to exercise higher standards of honesty and integrity when dealing with public money



 2 Replies

Guest (n/a)     04 July 2008

yes acting beyond the authourity is always a misconduct and amounts to the breach of discipline, but it should also be taken in view that dose his intention is malafide or or he is acting in goodfaith in the interest of public. if  he is in the knowledge of such a misconduct or neglegently acting in discharge of his duty then such person is liable.

K.C.Suresh (Advocate)     05 July 2008

Dear hemanth, Acting above the authority, doing what he was not intented to do while discharging his official functions, doing some thing in the color of discharge offical duty, comoflauging the official duty for doing an act which is irregular , hatching criminal conspiracy, commiting offences U/s 420, 409, 465, 120B etc etc are not part of discharge of official duty of a public servant. The duty must be in nexus to his discharge of official duty. This discharge may purpurt to be the discharge of his official duty. A public servant can do an act for legal purpose or illegal piurpose under the color of official duty. In this case the act of the Bank official is perfectly out of his official area and hence compulsory retirement is the minimum for him for corruption. 


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