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Hari Krishna   24 December 2020


Can a higher official acting as CVO on temporary basis untill permanent CVO is posted advice "Removal of an employee ".Is there any laws or judgements regarding this.Please advice.Urgent need.cool.


 4 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 December 2020

Normally, any Official Officiating in the position of higher authority can do all the things such higher authority can.  However, certain acts may be subject to review once such higher authority reports back or appointed afresh.  Therefore, you have to peruse the internal rules and regulations of the CVO set up.

1 Like

G.L.N. Prasad (Retired employee.)     25 December 2020

I am afraid that CVO can not take any decision on his own.  There must be some reports finding facts with such comments.  A CVO can report to HR.  I have never heard CVO taking a decision on such matters independently, as per my knowledge, his duty is only to report his finding to the appointment authority, and it is that authority that is empowered to take such discussions as per the laid down policy in that institution.  I know many HR authorities completely rejecting the CVO findings if they find such an employee is not that type, his background past performance, contributions, and circumstances. .  Every Official has to act within the boundaries of their lawful duties without any partisan attitude.  An honest HR has to protect his employees who have done their lawful duties, even if they are violated even by mistake or mistake of deciding actions if there are no ulterior motives..  In banks, several functionaries violate laid down norms in the interest of business, technically that is a serious disciplinary lapse.  The CVO always reports direct to Chairman or MD  without giving scope for interference.  As per the vigilance angle, some decisions may be blunders and it is his duty to make comments but they are never final and the concerned has authority has the discretion on the further course of action.  Removal of employee direction is the rarest of the rare and most unpleasant decision to take and no one really takes such severe action unless there are malafide motives and deliberate actions to  gain profit through his actions and those actions must be continuous  and persistent. 

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Hari Krishna   26 December 2020

Sir, In my organization the Disciplinary authority has imposed 1increment down punishment and the CVO has recommended removal from service who is acting as temporary CVO at that time.Can he do like that? Is there any laws tegarding this?

P. Venu (Advocate)     27 December 2020

Admittedly, the Disciplinary Authority has give the final Order based on its own finding. As such, the alleged advice of the CVO, whether officiating or otherwise, is of no relevance. Please note that a disciplinary is quasi judicial and what matters is that the competent authority should apply its mind at every stage of the proceeding.

The present query amounts to nothing more than whipping the dead horse!

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