In exercise of the powers conferred by
Section 19 of the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1970 (5 of 1970), the Board of Directors of Punjab National Bank in consultation
with the Reserve Bank of India and with previous sanction of the Central
Government hereby makes the following regulations namely:- (i) These regulations may
be called Punjab National Bank Officer Employees(Discipline and Appeal)
Regulations, 1977. (ii) They shall come into
force on 1-1-1977. These regulations shall apply to all officer
employees of the Bank, but shall not apply to- (i) the Chairman of the
bank; (ii) the Managing Director
of the bank; (iii) any Whole time
Director, if any; (iv) Those who are in
casual employment or paid from contingencies; (v) the award staff; and (vi) the officers on contract. In these regulations, unless the context
otherwise requires: (a) Act: means the
Banking Companies(Acquisition & Transfer of Undertakings) Act, 1970(5 of
1970); (b) appellate authority:
means the authority specified in the Schedule to dispose of appeals; (c) Award Staff: means
the person covered by the Award as defined in the Industrial Disputes (Banking
Companies) Decision Act, 195 (41 of 1955); (d) Bank: means Punjab
National Bank; (e) Board: means the
Board of Directors of the Bank; (f) Competent Authority:
means the authority appointed by the Board for the purpose of these
regulations; (g) Disciplinary
Authority: means the authority specified in the schedule which is competent to
impose on an officer employee any of the penalties specified in regulation 4; (h) Government: means the
Central Government; (i) Managing Director:
means the Managing Director of the bank; (j) officer employee:
means a person who holds a supervisory or managerial post in the bank or any
other person who has been appointed and functioning as an officer of the bank,
by whatever designations called and includes a person whose services are
temporarily placed at the disposal of the Central Government or a State
Government or any other Government undertaking or any other public sector bank
or the Reserve Bank of India or any other organisation, but shall not include
casual, work charged or the award staff (k) public financial institutions
mean- (i) The Industrial Credit
and Investment Corporation of India Limited, a company owned and registered
under the Companies Act, 1956(1 of 1956); (ii) The Industrial
Finance Corporation of India, established under section 3 of the Industrial
Finance Corporation Act, 1948 (15 of 1948); (iii) The Industrial
Development Bank of India, established under Section 3 of the Industrial
Development Bank of India Act, 1964 (18 of 1964) (iv) The Life Insurance
Corporation of India, established under Section 3 of the Life Insurance
Corporation Act, 1956 (31 of 1956); (v) The Unit Trust of
India, established under section 3 of the Unit Trust of India Act, 1963 (52 of
1963); (vi) Any other financial
institution which is declared by the Central Government by notification to be a
public financial institution; (l) item not found (i) a corresponding new
bank specified in the First Schedule to the Act; (ii) a corresponding new
bank specified in the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1980 (40 of 1980); (iii) The State Bank of
India constituted under the State Bank of India Act, 1955 (23 of 1955); (iv) a subsidiary bank
constituted under the State Bank of India (Subsidiary Banks) Act, 1959 (38 of
1959); and (v) Any other bank which
the Central Government may determine to be a public sector bank for the purpose
of these Regulations having regard to its manner of incorporation; (m) Public Servant means-
a personas defined as Public Servant in Section 21 of the Indian Penal Code (45
of 1860); (n) Reviewing Authority
means the authority specified in the Schedule; (o) Schedule means the
Schedule appended to these regulations. The following are the penalties which may be
imposed on an officer employee, for acts of misconduct or for any other good
and sufficient reasons. Minor Penalties (a) Censure; (b) Withholding of
increments of pay with or without cumulative effect; (c) Withholding of
promotion; (d) recovery from pay or
such other amount as may be due to him of the whole or part of any pecuniary
loss caused to the bank by negligence or breach of orders. (e) Reduction to a lower
stage in the time scale of pay for a period not exceeding 3 years, without
cumulative effect and not adversely affecting the Officer's pension. Major Penalties (f) Save as provided for
in (e) above reduction to a lower stage in the time scale of pay for a
specified period, with further directions as to whether or not the officer will
earn increments of pay during the period of such reduction and whether on the
expiry of such period the reduction will or will not have the effect of
postponing the future increments of his pay; (g) Reduction to a lower
grade or post; (h) Compulsory
retirement; (i) Removal from service
which shall not be a disqualification for future employment; (j) Dismissal which shall
ordinarily be a disqualification for future employment. Explanation: The following shall not amount
to a penalty within the meaning of this regulation:- (i) withholding of one or
more increments of an officer employee on account of his failure to pass a
prescribed departmental test or examination in accordance with the terms of
appointment to the post which he holds; (ii) Stoppage of pay of an
officer employee at the efficiency bar in a time scale, on the ground of his
unfitness to cross the bar; (iii) non-promotion,
whether in an officiating capacity or otherwise, of an officer employee, to a
higher grade or post for which he may be eligible for consideration but for
which he is found unsuitable after consideration of his case; (iv) reversion to a lower
grade or post, of an officer employee officiating in a higher grade or post, on
the ground that he is considered, after trial, to be unsuitable for such higher
grade or post, or on administrative grounds unconnected with his conduct; (v) reversion to his
previous grade or post, of an officer employee appointed on probation to
another grade or post, during or at the end of the period of probation, in
accordance with the terms of his appointment or rules or orders governing such
probation; (vi) reversion of an
officer employee to his parent organisation in case he has come on deputation; (vii) Termination of
service- (a) of an officer
employee appointed on probation, during or at the end of the period of
probation, in accordance with the terms of his appointment, or the rules or
orders governing such probation; (b) of an officer
employee appointed in a temporary capacity otherwise than under a contract or
agreement, on the expiration of the period for which he was appointed, or
earlier in accordance with the terms of his appointment; (c) of an officer
employee appointed under a contract or agreement, in accordance with the terms
of such contract or agreement, and (d) of an officer
employee on abolition of post; (viii) retirement of an
officer employee on his attaining the age of superannuation in accordance with
the rules and orders governing such superannuation; (ix) termination of
employment of a permanent officer employee by going 3 months notice or on
payment of 3 months pay and allowances in lieu of notice. (x) termination of
employment of an officer employee on medical grounds, if he is declared unfit
to continue in banks service by the banks medical officer. (1) The Managing Director
or any other authority empowered by him by general or special order may
institute or direct the Disciplinary Authority to institute disciplinary
proceedings against an officer employee of the bank (2) The Disciplinary
Authority may himself institute disciplinary proceedings. (3) The Disciplinary
Authority or any authority higher than it, may impose any of the penalties
specified in Regulation 4 on any officer employee. (1) No order imposing any
of the major penalties specified in clauses (f), (g), (h), (i) and (j) of
Regulation 4 shall be made except after an enquiry is held in accordance with
this regulation. (2) Whenever the
Disciplinary Authority is of the opinion that there are grounds for inquiring
into the truth of any imputation of misconduct or misbehaviour against an
officer employee, it may itself enquire into, or appoint any other person who
is, or has been, a public servant (hereinafter referred to as the inquiring
authority) to inquire into the truth thereof. Explanation: When the Disciplinary Authority
itself holds the inquiry any reference in sub-regulation (8) to sub- regulation
(21) to the inquiring authority shall be construed as a reference to
Disciplinary Authority. (3) Where it is proposed
to hold an inquiry, the Disciplinary Authority shall, frame definite and
distinct charges on the basis of the allegations against the officer employee
and the articles of charge, together with a statement of the allegations, list
of documents relied on along with copy of such documents and list of witnesses
along with copy of statement of witnesses, if any, on which they are based,
shall be communicated in writing to the officer employee, who shall be required
to submit, within such time as may be specified by the Disciplinary Authority
(not exceeding 15 days), or within such extended time as may be granted by the
said Authority, a written statement of his defence; Provided that wherever it is not possible to
furnish the copies of documents, disciplinary authority shall allow the officer
employee inspection of such documents within a time specified in this behalf; (4) On receipt of the
written statement of the officer employee, or if no such statement is received
within the time specified, an enquiry may be held by the Disciplinary Authority
itself, or if it considers it necessary so to do appoint under Sub-regulation
(2) an Inquiring Authority for the purpose. Provided that it may not be necessary to hold
an enquiry in respect of the articles of charge admitted by the officer employee
in his written statement but shall be necessary to record its findings on each
such charge. (5) The Disciplinary
Authority shall, where it is not the inquiring authority, forward to the
inquiring authority : (i) a copy of the
articles of charges and statements of imputations of misconduct or
misbehaviour; (ii) a copy of the written
statement of defence, if any, submitted by the officer employee; (iii) a list of documents
by which and list of witnesses by whom the articles of charge are proposed to
be substantiated; (iv) a copy of statements
of the witnesses, if any; (v) evidence proving the
delivery of the articles of charge under sub-regulation (3); (vi) a copy of the order
appointing the presenting officer in terms of sub-regulation (6). (6) Where the
Disciplinary Authority itself enquires or appoints an inquiring authority for
holding an inquiry, it may, by an order, appoint a public servant to be known
as the Presenting Officer to present on its behalf the case in support of the
articles of charge. (7) The officer employee
may take the assistance of any other officer employee but may not engage a
legal practitioner for the purpose, unless the presenting officer, appointed by
the Disciplinary Authority is a legal practitioner or the Disciplinary
Authority, having regard to the circumstances of the case so permits. NOTE: The officer employee shall not take the
assistance of any other officer employee who has two pending disciplinary cases
on hand in which he has to give assistance. (8) (a) The Inquiring
Authority shall by notice in writing specify the day on which the officer
employee shall appear in person before the inquiring authority. (b) On the date fixed by the Inquiring
Authority, the officer employee shall appear before the Inquiring Authority at
the time, place and date specified in the notice. (c) The Inquiring Authority shall ask the
officer employee whether he pleads guilty or has any defence to make and if he
pleads guilty to any of the articles of charge, the Inquiring Authority shall
record the plea, sign the record and obtain the signature of the officer
employee concerned thereon. (d) The Inquiring Authority shall return a
finding of guilt in respect of those articles of charge to which the officer
employee concerned pleads guilty. (9) If the officer
employee does not plead guilty, the Inquiring Authority shall adjourn the case
to a later date not exceeding 30 days or within such extended time as may be
granted by the Inquiring Authority. (10) The Inquiring
Authority while adjourning the case as in sub-regulation (9), shall also record
by an order that the officer employee may for the purpose of preparing defence
- complete inspection of the documents as in the list furnished to him
immediately and in any case not exceeding 5 days from the date of such order if
he had not done so earlier as provided for in the proviso to sub-regulation
(3); (i) submit a list of
documents and witnesses, that he wants for the inquiry; (ii) give notice within
ten days of the order or within such further time not exceeding ten days as the
Inquiring Authority may allow for the discovery or production of the documents
referred to in item (ii) NOTE: The relevancy of the documents and the
examination of the witnesses referred to in item (ii) shall be given by the
officer employee concerned. (11) The Inquiring
Authority shall, on receipt of the notice for the discovery or production of
the documents, forward the same or copies thereof to the authority in whose
custody or possession the documents are kept with a requisition for the
production of the documents, on such date as may be specified. (12) On receipt of the
requisition under sub-regulation (11), the authority having the custody or
possession of the requisitioned documents, shall arrange to produce the same
before the Inquiring Authority on the date, place and time specified in the
requisition; Provided that the authority having the
custody or possession of requisitioned documents may claim privilege if the
production of such documents will be against the public interest or the
interest of the bank. In that event, it shall inform the Inquiring Authority
accordingly. (13) On the date fixed for
the inquiry, the oral and documentary evidence by which the articles of charge
are proposed to be proved shall be produced by or on behalf of the Disciplinary
Authority. The witnesses produced by the Presenting Officer shall be examined
by the Presenting Officer and may be cross-examined by or on behalf of the
officer employee. The Presenting Officer shall be entitled to re-examine his
witnesses on any points on which they have been cross examined, but not on a
new matter, without the leave of the Inquiring Authority. The Inquiring
Authority may also put such questions to the witnesses as it thinks fit. (14) Before the close of
the case, in support of the charges, the Inquiring Authority may, in its
discretion, allow the Presenting Officer to produce evidence not included in
the charge sheet or may itself call for new evidence or recall or re-examine
any witness. In such case the office employee shall be given opportunity to
inspect the documentary evidence before it is taken on record, or to
cross-examine a witness, who has been so summoned. The Inquiring Authority may
also allow the officer employee to produce new evidence, if it is of the
opinion that the production of such evidence, is necessary in the interests of
justice. (15) When the case in
support of the charges is closed, the officer employee may be required to state
his defence, orally or in writing, as he may prefer. If the defence is made
orally it shall be recorded and the officer employee shall be required to sign
the record. In either case a copy of the statement of defence shall be given to
the Presenting Officer, if any, appointed. (16) The evidence on
behalf of the officer employee shall then be produced. The officer employee may
examine himself in his own behalf, if he so prefers. The witnesses produced by
the officer employee shall then be examined by the officer employee and may be
cross-examined by the Presenting Officer. The officer employee shall be
entitled to re-examine any of his witnesses on any points on which they have
been cross-examined, but on any new matter without the leave of the Inquiring
Authority. (17) The Inquiring
Authority may, after the officer employee closes his evidence, and shall, if
the officer employee has not got himself examined generally question him on the
circumstances appearing against him in the evidence for the purpose of enabling
the officer employee to explain any circumstances appearing in the evidence
against him. (18) The Inquiring
Authority may, after the completion of the production of evidence, hear the
Presenting Officer, if any appointed, and the officer employee or permit them
to file written briefs of their respective cases within 15 days of the date of
completion of the production of evidence, if they so desire. (19) If the officer
employee does not submit the written statement of defence referred to in sub-regulation
(3) on or before the date specified for the purpose or does not appear in
person, or through the assisting officer or otherwise fails or refuses to
comply with any of the provisions of these regulations, the inquiring authority
may hold the inquiry ex-parte. (20) Whenever any
Inquiring Authority, after having heard and recorded the whole or any part of
the evidence in an inquiry ceases to exercise jurisdiction therein, and is
succeeded by another Inquiring Authority which has, and which exercises, such
jurisdiction, the Inquiring Authority so succeeding may act on the evidence so
recorded by its predecessor, or partly recorded by its predecessor, and partly
recorded by itself; Provided that if the succeeding Inquiring
Authority is of the opinion that further examination of any of the witnesses
whose evidence has already been recorded is necessary in the interest of
justice it may recall, examine, cross-examine and re-examine any such witnesses
as herein before provided. (21) (i) On the conclusion
of the inquiry, the Inquiring Authority shall prepare a report which shall
contain the following: (a) a gist of the
articles of charge and the statement of imputations of misconduct or
misbehaviour; (b) a gist of the defence
of the officer employee in respect of each article of charge; (c) an assessment of the
evidence in respect of each article of charge; (d) the findings on each
article of charge and the reasons therefor. Explanation - If, in the opinion of the
Inquiring Authority, the proceedings of the inquiry establish any article of
charge different from the original article of charge, it may record its
findings on such article of charge; Provided that the findings on such article of
charge shall not be recorded unless the officer employee has either admitted
the facts on which such article of charge is based or has had a reasonable
opportunity of defending himself against such article of charge (ii) The Inquiring Authority, where it is not
itself the Disciplinary Authority, shall forward to the Disciplinary Authority
the records of inquiry which shall include - (a) the report of the
inquiry prepared by it under clause (i); (b) the written statement
of defence, if any, submitted by the officer employee referred to in
sub-regulation (15); (c) the oral and
documentary evidence produced in the course of the inquiry; (d) written briefs
referred to in sub-regulation (18), if any; and (e) the orders, if any,
made by the Disciplinary Authority and the Inquiring Authority in regard to the
inquiry. (1) The Disciplinary
Authority, if it is not itself the Inquiring Authority, may, for reasons to be
recorded by it in writing, remit the case to the Inquiring Authority for fresh
or further inquiry and report and the Inquiring Authority shall thereupon
proceed to hold the further inquiry according to the provisions of Regulation 6
as far as may be. (2) The Disciplinary
Authority shall, if it disagrees with the findings of the Inquiring Authority
on any article of charge, record its reasons for such disagreement and record
its own findings on such charge, if the evidence on record is sufficient for
the purpose. (3) If the Disciplinary
Authority, having regard to its findings on all or any of the articles of
charge, is of the opinion that any of the penalties specified in regulation 4
should be imposed on the officer employee it shall, notwithstanding anything
contained in regulation 8, make an order imposing such penalty. (4) If the Disciplinary
Authority having regard to its findings on all or any of the articles of
charge, is of the opinion that no penalty is called for, it may pass an order
exonerating the officer employee concerned. (1) Where it is proposed
to impose any of the minor penalties specified in clauses (a) to (e)of
Regulation 4, the officer employee concerned shall be informed in writing of
the imputations of lapses against him and given an opportunity to submit his
written statement of defence within a specified period not exceeding 15 days or
such extended period as may be granted by the Disciplinary Authority and the
defence statement, if any, submitted by the officer employee shall be taken
into consideration by the Disciplinary Authority before passing orders. (2) Where, however, the
Disciplinary Authority is satisfied that an inquiry is necessary, it shall
follow the procedure for imposing a major penalty as laid down in regulation 6. (3) The record of the
proceedings in such cases shall include (i) A copy of the
statement of imputation of lapses furnished to the officer employee; (ii) The defence
statement, if any, of the officer employee; and (iii) The orders of the
Disciplinary Authority together with the reasons therefor. Orders made by the Disciplinary Authority
under Regulation 7 or Regulation 8 shall be communicated to the officer
employee concerned, who shall also be supplied with a copy of the report of
inquiry, if any. Where two or more officer employees are
concerned in a case, the authority competent to impose a major penalty on all
such officer employees may make an order directing that disciplinary
proceedings against all of them may be taken in a common proceeding. Notwithstanding anything contained in
regulation 6 or regulation 7 or regulation 8, the Disciplinary Authority may
impose any of the penalties specified in Regulation 4 if the officer employee
has been convicted on a criminal charge, or on the strength of facts or conclusions
arrived at by a judicial trial. Provided that the officer employee may be
given an opportunity of making representation on the penalty proposed to be
imposed before any order is made. (1) An officer employee
may be placed under suspension by the competent authority (a) where a disciplinary
proceeding against him is contemplated or is pending ; or (b) where a case against
him in respect of any criminal offence under investigation, inquiry or trial. (2) An officer employee
shall be deemed to have been placed under suspension by an order of the
competent authority (a) with effect from the
date of his detention, if he is detained in custody, whether on a criminal
charge or otherwise, for a period exceeding forty-eight hours; (b) with effect from the date
of conviction, if in the event of a conviction for an offence, he is sentenced
to a term of imprisonment exceeding forty-eight hours and is not forthwith
dismissed or removed or compulsorily retired consequent to such conviction. Explanation: The period of forty-eight hours
referred to in clause (b) of this sub-regulation shall be computed from the
commencement of the imprisonment after the conviction and for this purpose,
intermittent periods of imprisonment if any, shall be taken into account. (3) Where a penalty of
dismissal, removal or compulsory retirement from service imposed upon an
officer employee under suspension is set aside in appeal or on review under
these regulations and the case is remitted for further inquiry or action or
with any directions, the order of his suspension shall be deemed to have
continued in force on and from the date of the original order of dismissal,
removal or compulsory retirement and shall remain in force until further
orders. (4) Where a penalty of
dismissal, or removal or compulsory retirement from service imposed upon an
officer employee under suspension is set aside or declared or rendered, void in
consequence of or by a decision of Court of law, and the Disciplinary Authority
on consideration of the circumstances of the case decides to hold further
inquiry against him on the allegations on which the penalty of dismissal,
removal or compulsory retirement was originally imposed, the officer employee
shall be deemed to have been placed under suspension by the competent authority
from the date of the original order of dismissal, removal or compulsory
retirement and shall continue to remain under suspension until further orders. (5) (a) An order of
suspension made or deemed to have been made under this regulation shall
continue to remain in force until it is modified or revoked by the authority
competent to do so. (b) An order of suspension made or deemed to
have been made under this regulation may at any time be modified or revoked by
the authority which made or is deemed to have made the order. No leave shall be granted to an officer
employee under suspension. (1) An officer employee
who is placed under suspension shall, during the period of such suspension and
subject to sub-regulations (2) to (4) be entitled to receive payment from the
bank by way of subsistence allowance on the following scale, namely:- (a) Basic Pay (a) For the first three
months of suspension 1/3 of the basic pay which the officer employee was
receiving on the date prior to the date of suspension irrespective of the
nature of enquiry. (b) For the subsequent
period after 3 months from the date of suspension, (1) Where the enquiry is
held departmentally by the bank, ½ of the basic pay, the officer employee was
drawing on the date prior to the date of suspension and (2) Where the enquiry is
held by an outside agency, 1/3 of the basic pay which the officer employee was
drawing on the date prior to the date of suspension for the next three months
and ½ of the basic pay which the officer employee was drawing on the date
prior to the date of suspension for the remaining period of suspension. (b) Allowances: For the entire period of suspension, dearness
allowance and other allowances excepting conveyance allowance, entertainment
allowance and special allowance will be calculated on the reduced pay as
specified in (i) & (ii) of clause (a) above and at the prevailing rates or
at rates applicable to similar category of officers. (1) During the period of
suspension an officer employee shall not be entitled to occupation of rent-free
or free house of the banks car or receipt of conveyance or entertainment
allowance or special allowance. (2) No officer employee
of the bank shall be entitled to receive payment of subsistence allowance
unless he furnishes a certificate that he is not engaged in any other
employment, business, profession or vocation. (3) If during the period
of suspension an officer employee retires by reason of his attaining the age of
superannuation, no subsistence allowance shall be paid to him from the date of
his retirement. (1) Where the competent
authority holds that the officer employee has been fully exonerated or that the
suspension as unjustifiable, the officer employee concerned shall be granted
the full pay to which he would have been entitled, had he not been suspended,
together with any allowance of which he was in receipt immediately prior to his
suspension, or may have been sanctioned subsequently and made applicable to all
officer employees. (2) In all cases other
than those referred to in sub-regulation (1), the officer employee shall be
granted such proportion of pay and allowances as the competent authority may
direct; Provided that the payment of allowances under
this sub-regulation shall be subject to all other conditions to which such
allowances are admissible; Provided further that the pay and allowances
granted under this sub-regulation shall not be less than the subsistence and
other allowances admissible under regulation 14. (3) (a) In a case falling
under sub-regulation (1), the period of absence from duty shall, for all
purposes, be treated as a period spent on duty; (b) In a case falling under sub-regulation
(2), the period of absence from duty shall not be treated as a period spent on
duty unless the competent authority specifically directs, for reasons to be
recorded in writing, that it shall be so treated for any specific purpose. (1) Where an order of
suspension is made or disciplinary proceeding is taken against an officer
employee, who is on deputation to the bank from the Central Government or the
Statement Government, or Reserve Bank of India or another Public Sector Bank or
banking company or a public financial institution or an institution wholly or
substantially owned by the Reserve Bank of India or a public financial
institution or public undertaking or a local authority, the authority lending
his services ( hereinafter referred to as the Lending Authority) shall
forthwith be informed of the circumstances leading to the order of his
suspension, or the commencement of the disciplinary proceedings, as the case
may be. (2) In the light of the
findings in the disciplinary proceeding taken against the officer employee - (a) If the Disciplinary
Authority is of the opinion that any of the minor penalties should be imposed
on him, it may pass such orders on the case as it deems necessary after
consultation with the Lending Authority. Provided that in the event of a difference of
opinion between the Disciplinary Authority and the Lending Authority, the
services of the employee shall be placed at the disposal of the Lending
Authority. (b) If the Disciplinary
Authority is of the opinion that any of the major penalties should be imposed
on him, it should replace his services at the disposal of the Lending Authority
and transmit to it the proceedings of the enquiry for such action as it deems
necessary. (3) If the officer
employee submits an appeal against an order imposing a minor penalty on him
under clause (a) of sub-regulation (2) it will be disposed of after
consultation with the Lending Authority; Provided that if there is a difference of
opinion between the Appellate Authority and the Lending Authority, the services
of the officer employee shall be placed at the disposal of the Lending
Authority, and the proceedings of the case shall be transmitted to that authority
for such action as it deems necessary. (1) An Officer employee
may prefer an appeal to the Appellate Authority within forty five days from the
date of receipt of the order imposing upon him any of the penalties specified
in regulation 4 or against the order of suspension referred to in regulation
12: Provided that the Appellate Authority may
entertain the appeal after the expiry of the said period, if it is satisfied
that the appellant had sufficient cause for not preferring the appeal in time. (2) The appeal shall be
presented to Appellate Authority with a copy being forwarded by the appellant
to the authority which made the order appealed against. It shall contain all
material statements and arguments on which the appellant relies but shall not
contain any disrespectful or improper language, and shall be complete in
itself. (3) The authority which
made the order appealed against shall, on receipt of a copy of the appeal from
the appellant, forward the same with its comments thereon together with the
relevant records to the Appellate Authority within a period not exceeding forty
five days from the date of the receipt of the appeal. (4) The Appellate
Authority shall on receipt of the comments and records of the case from the
authority whose order is appealed against, consider whether the order of
suspension/findings are justified or whether the penalty is excessive or
inadequate and pass appropriate orders. The Appellate Authority may pass an
order confirming, enhancing, reducing or setting aside the penalty/suspension
or remitting the case to the authority which imposed the penalty or to any
other authority with such directions as it may deem fit in the circumstances of
the case. Provided that - (i) If the enhanced
penalty which the Appellate Authority proposed to impose is a major penalty
specified in clauses (f), (g), (h), (i) and (j) of regulation 4 and an enquiry
as provided in regulation 6 has not already been held in the case, the
Appellate Authority shall direct that such an enquiry be held in accordance
with the provisions of regulation 6 and thereafter consider the record of the
inquiry and pass such orders as it may deem proper. (ii) If the Appellate
Authority decides to enhance the punishment but an enquiry has already been
held as provided in regulation 6, the Appellate Authority shall give a
show-cause notice to the officer employee as to why the enhanced penalty should
not be imposed upon him and shall pass final order after taking into account
the representation, if any, submitted by the officer employee. (5) The Appellate
Authority shall dispose of the appeal within a period of ninety days from the
date of its receipt from the appellant: Provided that the time limit specified in
this regulation shall not apply to cases having a vigilance angle and where
major/minor penalty proceedings against the officer employee have commenced on
recommendations of the Police or Central Bureau of Investigation or Central
Vigilance Commission, as the case may be, investigating the matter. (6) The case lying
pending over ninety days shall be reviewed periodically by the Appellate
Authority and reasons for non-disposal of the case shall be recorded in
writing. Notwithstanding anything contained in these
regulations, the Reviewing Authority may at any time within six months from the
date of the final order, either on his own motion or otherwise review the said
order, when any new material or evidence which could not be produced or was not
available at the time of passing the order under review and which has the
effect of changing the nature of the case, has come or has been brought to his
notice and pass such orders thereon as it may deem fit. Provided that - (i) if any enhanced
penalty, which the reviewing authority proposes to impose, is a major penalty
specified in clauses (f), (g), (h), (i) or (j) of regulation 4 and an enquiry
as provided under Regulation 6 has not already been held in the case, the
reviewing authority shall direct that such an enquiry be held in accordance
with the provisions of Regulation 6 and thereafter consider the record of the
enquiry and pass such orders as it may deem proper. (ii) if the reviewing
authority decides to enhance the punishment but an enquiry has already been
held in accordance with the provisions of Regulation 6, the reviewing authority
shall give show cause notice to the officer employee as to why the enhanced
penalty should not be imposed upon him and shall pass an order after taking
into account the representation, if any, submitted by the officer employee. The bank shall consult the Central Vigilance
Commission wherever necessary, in respect of all disciplinary cases having a
vigilance angle. Every order, notice and other process made or
issued under these regulations shall be served in person on the officer
employee concerned or communicated to him by registered post at his last known
address. Save as otherwise expressly provided in these
regulations, the authority competent under these Regulations to make any order
may, for good and sufficient reasons or if sufficient cause is shown, extend the
time specified in these Regulations for anything required to be done under
these regulations or condone any delay. (1) Every rule,
regulation, bye-law or every provision in any agreement or a resolution
corresponding to any of the Regulations herein contained and in force
immediately before the commencement of these Regulations and applicable to the
officer employee is hereby repealed. (2) Notwithstanding such
repeal (a) any order made or
action taken under the provisions so repealed shall be deemed to have been made
or taken under the corresponding provisions of these Regulations; (b) Nothing in these
regulations shall be construed as depriving any person to whom these
regulations apply, of any right of appeal which had accrued to him under any of
the provisions so repealed (c) An appeal pending at
the commencement of these regulations against an order made before the
commencement of these regulations shall be considered and orders thereon shall
be made in accordance with these regulations; (d) Any proceedings which
have already been initiated but not yet been completed at the commencement of
these regulations shall be continued and disposed as far as may be, in
accordance with the provisions of these regulations, as if such proceedings
were under these regulations. SCHEDULE Schedule Competent Authorities S.No NAME/CATEGORY OF THE POST DISCIPLINARY AUTHORITY APPELLATE AUTHORITY REVIEWING AUTHORITY 1. Officers
in Junior Management Grade Scale I & Middle Management Grade Scale II &
III. Dy.General
Manager (Zone)/ Dy. General Manager (HRD)/ Asstt. General Manager (HRD) General
Manager at Head Office Executive
Director/ Chairman & Managing Director 2. Officers
in Senior Management Grade Scale IV working in Zones headed by General
Manager General
Manager(Zone) Executive
Director or in his Chairman & Managing Director Chairman
& Managing Director or in his absence/in case he is functioning as
Appellate Authority, the Committee of the Board 3. Officers
in Senior Management Grade Scale IV working in Zones other than headed by
General Manager and Head Office General
Manager at Head Office Executive
Director or in his absence Chairman & Managing Director Chairman
& Managing Director or in his absence/in case he is functioning as
Appellate Authority, the Committee of the Board 4. Officers
in Senior Management Grade Scale V General
Manager at Head Office Executive
Director or in his absence Chairman & Managing Director Chairman
& Managing Director or in his absence/in case he is functioning as
Appellate Authority, the Committee of the Board 5. Officers
in Top Executive Grade Scale VI Executive
Director or in his absence Chairman & Managing Director Chairman
& Managing Director or in his absence/in case he is functioning as
Disciplinary Authority Committee of Board Board 6. Officers
in Top Executive Grade Scale VII Chairman
& Managing Director or in his absence Executive Director Committee
of the Board Board Note:
The Chairman & Managing Director/Executive Director by way of a specific or
general order would specify the Dy. General Manager/General Manager who would
act as Disciplinary Authority/Appellate Authority. The
above amendments have become effective from 04.01.2003 i.e. from the date of
their publication in the Gazette of India. Further,
in terms of the new Schedule, the Chairman & Managing Director vide his
order dated 23.1.2003 has specified the DGM/GM who would act as Disciplinary
Authority/Appellate Authority as under:- (i)
In
the Zones where more than one DGMs are posted, DGM looking after Human
Resources Development will be the Disciplinary Authority in respect of officers
up to Scale III. (ii)
In
case of transfer of an officer upto Scale III, the Disciplinary Authority will
remain the DGM of the Zone/DGM(HRD)/AGM(HRD) where cause of action has arisen. (iii)
Where
GM at Head Office is the Disciplinary Authority/Appellate Authority in terms of
the revised schedule, GM(HRD), HO will be the Disciplinary Authority/Appellate
Authority.Punjab
National Bank Officer Employees (Discipline And Appeal) Regulations, 1977
Regulation – 20. Service of Orders, Notices etc.