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GOUTAM ROY (not applicable)     12 June 2013

Disciplinary authority

Dear Experts,

 Kindly give your advice for the below mentioned situation:

An officer of a nationalized Bank was posted  in a branch as branch manager for the year  2005 to 2007.

At that period his disciplinary Authority  was a scale v officer (A.G.M). A chargesheet was issued in the year 2009 , but by that time( year 2009) the region was headed by scale vi officer (D.G.M.) due to official reason.But while imposing punishment ,A.G.M. PLAYED THE ROLE OF DISCIPLINARY AUTHORITY ,NOT THE D.G.M.

According to bank's service rule the region head will be the disciplinary authority. the region head in the year 2009 was D.G.M. so he should be the disciplinary authority and not the A.G.M .although the disciplinary subject was related to the matter that took place in the year 2005 to 2007 when A.G.M was the disciplinary Authority.  Because disciplinary procedure started in the year 2009 and not in 2005 to 2007.My question is whether bank's A.G.M has wrongly exercised his power?  



Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     12 June 2013

apprently you have a point

GOUTAM ROY (not applicable)     12 June 2013

sudhir sir,

 is there any settled case law or any authentic reference in this matter?

Sudhir Kumar, Advocate (Advocate)     13 June 2013

first read CDA rules of the bank

1 Like

GOKULDAS KAMATH (EX BANKER)     01 December 2013

Disciplinary Rules are governed by Bank's Officer Employees'(Discipline and Appeal) Regulations.In this connection,kindly refer the judgment of Supreme court in Rajendra University v/s its Professors.As per this judgment,if any regulations are not notified in official gazette of India,such regulations will be illegal and invalid.I am not a legal expert.But,ask the Bank under RTI Act 2005,the copy of these regulations duly notified in the official gazette of India.If it is not notified in the official gazette,you can file a writ petition in the high court of your state on the grounds that regulations which are not notified in the official gazette is illegal and hence,bank's taking any disciplinary proceedings is illegal

This is only an advice and I am not authoritative  on this subject

1 Like

Kumar Doab (FIN)     02 December 2013

Mr. Kamath has provided an imp. input in the forum.

 

Thanks.

 

The judgement is attached.

Supreme Court of India

 

Rajendra Agricultural ... vs Ashok Kumar Prasad & Ors. on 30 November, 2009

https://indiankanoon.org/doc/1642206/?type=print


Attached File : 469531974 rajendra agricultural university ... appellant ashok kumar prasad & ors.doc downloaded: 60 times
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