‘Disciplinary action cannot continue after retirement’-The Hindu
Unless a specific clause provides for such proceedings, says SC
Disciplinary proceedings against an employee cannot be continued after his retirement in the absence of a specific clause in the employment rules providing for such enquiry, the Supreme Court has held.
In a recent order, a Bench of Justices T.S. Thakur and C. Nagappan said once an employee retires from service there was no authority vested in the employer to continue the disciplinary proceedings even for the purpose of imposing any deduction in the benefits payable after retirement to the delinquent employee.
Appellant Dev Prakash Tiwari was working in UP Cooperative Institutional Service Board. Disciplinary proceedings were initiated against him after retirement. On a writ petition, a single judge of the Allahabad High Court held that there was no provision made for continuance of the departmental enquiry after superannuation and quashed the proceedings. However, on appeal, a Division Bench permitted the enquiry which was not completed even after four years. He filed the present appeal against the High Court judgment.
Allowing the appeal, the Bench quashed the disciplinary proceedings and directed the respondent to pay arrears of salary and allowances payable to the appellant and also to pay him his post-retirement benefits.
DISCIPLINARY PROCEEDINGS-TA/DA TO OFFICERS AND OTHERS
WHO CAN BE DEFENCE ASSISTANT ( please verify from your bank office circular in this regard)
In terms of Regulations 6(7) of PNB Officer Employees' (Discipline And Appeal) Regulations 1977, an officer employee against whom enquiry has been initiated, may take assistance of any other officer employee but may not engage a legal practitioner for this purpose unless the Presenting Officer,appointed by the Disciplinary Authority, is legal practitioner orthe disciplinary authority having regardto the circumstances of the case so permits. The said Regulation further states that the officer
employee shall not take assistance of any other officer employee who has two pending disciplinary cases on hand in which he has to give assistance.
WHO CAN NOT BE DEFENCE ASSISTANT
Further taking assistance of Internal Assistant Auditors /Internal Auditors/internal Sr. Auditors/ Internal Chief Auditors, as defence assistance is not permissible as they have to move to different places
throughout the country for conducting inspection of branches and it may not be possible to know theplace of their assignment before hand.
DEFENCE ASSISTANT WITHIN SAME STATE
In terms of bank guidelines, an officer employee assisting another officer employee during the enquiry will be treated on Special Leave (on full pay and allowances) and paid TA/DA as per rules for the period he appears before the Enquiry Officer and the journey period subject to the condition that if he comes from an outstation branch it should be from within the same State.
DEFENCE ASSISTANT FROM OUTSIDE THE STATE
An exception, however may be made to the effect that defence representative outside the State maybe paid TA/DA provided the bank is satisfied that it is not reasonably possible for the charge sheeted
official to get an experienced defence representative from within the same State and prior permission from Disciplinary Authority is obtained. It is clarified that for the purpose of above guidelines, the.State is to be considered in which the chagesheeted officer is presently posted or where the enquiry is being conducted.
ENTITLEMENT OF TA/ DA TO OFFICERS AND OTHERS ASSOCI ATED WITH DISCIPLINARY PROCEEDINGS
a. Enquiry Officer/ Presenting Officer
TA / DA as admissible under the rules when they travel on official duty.
b . Charged Officer ,
The charged officer is entitled to TA / DA as admissible under the rules,
when required to travel on duty. In case the charged officer is under suspension, he will be entitled to TA / DA at the rates which were admissible to him at the time when he was placed under suspension
This facility will also be available to the charged officer for inspection of documents when specifically permitted.In case the enquiry is held at another station on the request of the charged officer, no TA / DA will be admissible to him.
c. Defence Representative
The defence representative will be treated on Special Leave (on full pay and allowances) for the period he appears before the Enquiry Officer subject to provisions as stated above. Where enquiry is held at a place out of his headquarters, he will be paid TA / DA in terms of rules. In case of any adjournment at the instance of the bank, he will be paid TA / DA for the consequential journey also. However, no such TA / DA shall be paid when enquiry is adjourned at the instance of the delinquent officer or his representative
d . Witnesses :
a) Bank Employees / Officers
i) Every bank employee/officer who is called to give evidence in a departmental enquiry either by the bank or the employee against whom the enquiry is being held will be entitled to payment of TA / DA
ii)The officer or authority holding the enquiry shall furnish a certificate to every person appearing before him to give evidence. The number of witness to be called may be left to the judgment of the
Enquiry Officer.
iii) Where a prosecution witness is an employee of the bank, he shall be entitled to receive, in respect of the attendance before the authority holding the departmental enquiry, payment of traveling allowance, halting allowance as if he was on tour. If such witness is an officer then he shall be considered for reimbursement of hotel expenses in lieu of Halting Allowance, as per his eligibility.
iv) The defence witnesses whether workman employee or officer may be paid TA/DA as per their entitlement. Reimbursement of lodging and boarding expenses in lieu of Halting Allowance should not
be considered.
v) Where a bank official is called to the departmental enquiry to give evidence as to the facts whichcame to his knowledge in the discharge of his duties, the minimum time required to be spent by him on the journey to and from the place where the enquiry is held and the days on which he is required to remain present before the authority holding the enquiry, shall be treated as duty. However, if the bank official is on leave, the entire time spent by him shall be treated as a part of the leave and he shall notbe deemed to have been recalled on duty (officers are eligible to be paid actual expenses incurred by them and members of their family when called for duty during leave).
vi) Where a bank official is called by an authority holding the departmental enquiry to give evidenceabout the facts which have come to his knowledge, at a time when he was not in the bank's service, he may be paid traveling allowance as provided in sub para(i) above.
e. TA/DA to Ex-officers
When ex employees are required to appear in the Courts and / or in Departmental Enquiries or to assistor brief bank's counsel for preparation of plaint / affidavit on behalf of the bank, they may be paid TA/DA at the present rates, applicable to officers of the same grade/ scale in which they were last placed, while they were in service. Further, they may be paid amount as per schedule given below in addition to normal TA/DA.Officers upto Scale-Ill Rs. 100/-per dayOfficers in Scaie-IV & above Rs. 200/-per day.Retired employees who appear before DRTs at the instance of the bank may also be given the above
benefit.
f. TA/DA to Officers who ceased to be In service and against whom Disciplinary proceedings continue and others .
Officers who have ceased to be in bank's service in terms of Regulation 20(3) of Officers' Service Regulations 1979 will be entitled to TA / DA as was admissible to them at the time of their reaching the age of superannuation for attending the departmental enquiries initiated against them. Ex-officers against whom provisions of Regulation 20(3) of Officers' Service Regulations are invoked will be eligible to take assistance of another officer employee in terms of provision of Regulation 6(7) of PNB officer employees' (Discipline &Appeal) Regulations 1979 and the officer employee acting as the defence assistant will be eligible for TA / DA etc. in terms of rules.
g. Others
Any other person, when called upon to give evidence on behalf of the disciplinary authority or the charged officer, shall be entitled to TA/DA at the rates with due regard to his status in life.
h . Clarification
It is further clarified that the Enquiry Officer, Presenting Officer or those officers who appear before the Enquiry Officer as witness or the charged officer (not under suspension) will be treated on duty for the authorised period spent in complying with such assignments. The suspended officers and exemployees/other persons who are not in service, will be paid TA / DA only.
i Reimbursement of TA/DA
The TA Bills of Ex-officers and other persons not working in the bank, shall be passed by the Regional Office/ Zonal Office / Division to which the charged officer belongs, after verification of authority and their attendance from the Enquiry Officer.In the case of serving officers, the existing rules regarding passing of bills will continue to operate.
You may also read
government guidelines on Disciplinay action
Process of Carrying Out Disciplinary Proceedings
Supreme Court Ruling On whimsical Transfers
WHO CAN BE DEFENCE ASSISTANT ( please verify from your bank office circular in this regard)
In terms of Regulations 6(7) of PNB Officer Employees' (Discipline And Appeal) Regulations 1977, an officer employee against whom enquiry has been initiated, may take assistance of any other officer employee but may not engage a legal practitioner for this purpose unless the Presenting Officer,appointed by the Disciplinary Authority, is legal practitioner orthe disciplinary authority having regardto the circumstances of the case so permits. The said Regulation further states that the officer
employee shall not take assistance of any other officer employee who has two pending disciplinary cases on hand in which he has to give assistance.
WHO CAN NOT BE DEFENCE ASSISTANT
Further taking assistance of Internal Assistant Auditors /Internal Auditors/internal Sr. Auditors/ Internal Chief Auditors, as defence assistance is not permissible as they have to move to different places
throughout the country for conducting inspection of branches and it may not be possible to know theplace of their assignment before hand.
DEFENCE ASSISTANT WITHIN SAME STATE
In terms of bank guidelines, an officer employee assisting another officer employee during the enquiry will be treated on Special Leave (on full pay and allowances) and paid TA/DA as per rules for the period he appears before the Enquiry Officer and the journey period subject to the condition that if he comes from an outstation branch it should be from within the same State.
DEFENCE ASSISTANT FROM OUTSIDE THE STATE
An exception, however may be made to the effect that defence representative outside the State maybe paid TA/DA provided the bank is satisfied that it is not reasonably possible for the charge sheeted
official to get an experienced defence representative from within the same State and prior permission from Disciplinary Authority is obtained. It is clarified that for the purpose of above guidelines, the.State is to be considered in which the chagesheeted officer is presently posted or where the enquiry is being conducted.
ENTITLEMENT OF TA/ DA TO OFFICERS AND OTHERS ASSOCI ATED WITH DISCIPLINARY PROCEEDINGS
a. Enquiry Officer/ Presenting Officer
TA / DA as admissible under the rules when they travel on official duty.
b . Charged Officer ,
The charged officer is entitled to TA / DA as admissible under the rules,
when required to travel on duty. In case the charged officer is under suspension, he will be entitled to TA / DA at the rates which were admissible to him at the time when he was placed under suspension
This facility will also be available to the charged officer for inspection of documents when specifically permitted.In case the enquiry is held at another station on the request of the charged officer, no TA / DA will be admissible to him.
c. Defence Representative
The defence representative will be treated on Special Leave (on full pay and allowances) for the period he appears before the Enquiry Officer subject to provisions as stated above. Where enquiry is held at a place out of his headquarters, he will be paid TA / DA in terms of rules. In case of any adjournment at the instance of the bank, he will be paid TA / DA for the consequential journey also. However, no such TA / DA shall be paid when enquiry is adjourned at the instance of the delinquent officer or his representative
d . Witnesses :
a) Bank Employees / Officers
i) Every bank employee/officer who is called to give evidence in a departmental enquiry either by the bank or the employee against whom the enquiry is being held will be entitled to payment of TA / DA
ii)The officer or authority holding the enquiry shall furnish a certificate to every person appearing before him to give evidence. The number of witness to be called may be left to the judgment of the
Enquiry Officer.
iii) Where a prosecution witness is an employee of the bank, he shall be entitled to receive, in respect of the attendance before the authority holding the departmental enquiry, payment of traveling allowance, halting allowance as if he was on tour. If such witness is an officer then he shall be considered for reimbursement of hotel expenses in lieu of Halting Allowance, as per his eligibility.
iv) The defence witnesses whether workman employee or officer may be paid TA/DA as per their entitlement. Reimbursement of lodging and boarding expenses in lieu of Halting Allowance should not
be considered.
v) Where a bank official is called to the departmental enquiry to give evidence as to the facts whichcame to his knowledge in the discharge of his duties, the minimum time required to be spent by him on the journey to and from the place where the enquiry is held and the days on which he is required to remain present before the authority holding the enquiry, shall be treated as duty. However, if the bank official is on leave, the entire time spent by him shall be treated as a part of the leave and he shall notbe deemed to have been recalled on duty (officers are eligible to be paid actual expenses incurred by them and members of their family when called for duty during leave).
vi) Where a bank official is called by an authority holding the departmental enquiry to give evidenceabout the facts which have come to his knowledge, at a time when he was not in the bank's service, he may be paid traveling allowance as provided in sub para(i) above.
e. TA/DA to Ex-officers
When ex employees are required to appear in the Courts and / or in Departmental Enquiries or to assistor brief bank's counsel for preparation of plaint / affidavit on behalf of the bank, they may be paid TA/DA at the present rates, applicable to officers of the same grade/ scale in which they were last placed, while they were in service. Further, they may be paid amount as per schedule given below in addition to normal TA/DA.Officers upto Scale-Ill Rs. 100/-per dayOfficers in Scaie-IV & above Rs. 200/-per day.Retired employees who appear before DRTs at the instance of the bank may also be given the above
benefit.
f. TA/DA to Officers who ceased to be In service and against whom Disciplinary proceedings continue and others .
Officers who have ceased to be in bank's service in terms of Regulation 20(3) of Officers' Service Regulations 1979 will be entitled to TA / DA as was admissible to them at the time of their reaching the age of superannuation for attending the departmental enquiries initiated against them. Ex-officers against whom provisions of Regulation 20(3) of Officers' Service Regulations are invoked will be eligible to take assistance of another officer employee in terms of provision of Regulation 6(7) of PNB officer employees' (Discipline &Appeal) Regulations 1979 and the officer employee acting as the defence assistant will be eligible for TA / DA etc. in terms of rules.
g. Others
Any other person, when called upon to give evidence on behalf of the disciplinary authority or the charged officer, shall be entitled to TA/DA at the rates with due regard to his status in life.
h . Clarification
It is further clarified that the Enquiry Officer, Presenting Officer or those officers who appear before the Enquiry Officer as witness or the charged officer (not under suspension) will be treated on duty for the authorised period spent in complying with such assignments. The suspended officers and exemployees/other persons who are not in service, will be paid TA / DA only.
i Reimbursement of TA/DA
The TA Bills of Ex-officers and other persons not working in the bank, shall be passed by the Regional Office/ Zonal Office / Division to which the charged officer belongs, after verification of authority and their attendance from the Enquiry Officer.In the case of serving officers, the existing rules regarding passing of bills will continue to operate.
You may also read
government guidelines on Disciplinay action
Process of Carrying Out Disciplinary Proceedings
Supreme Court Ruling On whimsical Transfers
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