The book has been written by Shri K.D. Khera, a renowned Union Leader of Bank Officers Associations and Shri V.P. Grover, a senior retired executive of Ministry of Finance. It explains the role of Disciplinary, Appellate & Review Authorites besides the role of Defence Assistant and precautions to be taken by delinquent employee while facing the inquiry. It gives in details the functions of Presen
ting Officer and Inquiring Authority/Enquiry Officer. A copy of the phamphlet issued by the Publishers is reproduced below:
PREM PUBLISHING HOUSE
438/5, BHOLANATH NAGAR (BEHIND LUCKY PALACE) SHAHDARA, DELHI- 110032
Email: [email protected] Mobile: 9136151787
Sub: Manual on Disciplinary Rules/Procedures with Judicial Decisions. Dear Sir,
At the outset we thank the banking fraternity for the massive response given by them to our latest publication entitled “Manual on Disciplinary Rules/Procedures with Judicial Decisions” written by CMA K.D. Khera, former General Secretary, All India Punjab National Bank Officers’ Association and former President, All India Bank Officers’ Confederation and Shri V.P. Grover, Senior Research Officer (Retired) from Ministry of Finance, Banking Division. This massive response has led us to go for the reprint of this book. We apologise to all those bankers who could not get copy of this book during the period it was under reprint. The basic objective of this book is to make the bank officers/employees well conversant with the disciplinary rules/procedures, which are at present scattered over in various books of rules/regulations as well as Court Judgments, putting the same in a compact form both for officers and workmen employees. While it is essential that the concerned authorities i.e. Disciplinary Authority, Inquiring Authority/Enquiry Officer as well as Appellate and Reviewing Authorities should be fully acquainted with these rule/procedures, it is equally important that in the eventuality of facing departmental proceedings, the delinquent employee should know how to defend himself. It is hoped that banking community will find the book as a ready reckoner on Disciplinary matters and it will be useful for everyone. Table of contents of the book is given at Annexure I. As informed in our earlier email, this book has been recommended by the office bearers of all the major Bank Officers’ Associations and Workmen Unions. Gist of the comments given by Key office bearers of various Associations/Unions are given in Annexure II. In addition to above a book review has been published in the INDIAN BANKER, March, 2014 Issue, published by the Indian Banks Association and PNB MONTHLY REVIEW for the month of Decemeber, 2013. The conclusions made in these reviews are placed below:
“On the whole the book is a valuable reference for personnel in the HR & IR departments of the banks. My compliments to the authors on this maiden venture and for bringing out such a nice one point reference on disciplinary rules and procedures in PSBs.” Indian Banker
“The concern of the authors for employees and their desire to bring to the notice of all concerned, those provisions/rules that are likely to be helpful runs through the entire book. In fact the appendices very clearly outline these provisions/rules and will be of immense benefit to bank employees, as also the disciplinary authorities.” PNB Monthly review. Copies of this book are available to bank offices/branches/employees at a discounted rate. Against print price of Rs. 500/- the book is available at a discount of 30% i.e. In addition courier/postal charges wherever incurred shall be extra @ Rs. 50 per book. Thus, cost of the book inclusive of postal/courier charges shall be Rs. 400 ( Rupees Four hundred only). Orders for the Book may please be placed with us at the address given above or through e-mail/SMS. The cost of the book(s) may please be remitted through NEFT in our Bank Account with Oriental Bank of Commerce, details of which are given below. After NEFT, please send us an email or SMS giving your name, mobile number and complete address with pin code, where book has to be sent.
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While transferring the amount, please indicate your name and the name of your branch to enable us to co-relate the entries and ensure despatch of book without any delay. In the alternative order may be placed at the address given above alongwith a bank draft for Rs.400/- per book in favour of M/s. Prem Publishing House payable at Delhi.
15. Awaiting for your favourable response,
Yours faithfully,
for Prem Publishing House
Authorised signatory
ANNEXURE I
TABLE OF CONTENTS
CHAPTER SUBJECT PAGES
I PROVISIONS WITH REGARD TO DISCIPLINARY ACTION GOVERNING BANK EMPLOYEES/ OFFICERS 1-22
II MISCONDUCT 23-50
III OFFENCE AND MORAL TURPITUDE 51-56
IV PRELIMINARY INVESTIGATION/ENQUIRY 57-65
V SUSPENSION 67-96
VI CENTRAL VIGILANCE COMMISSION 97-110
VII SEALED COVER PROCEDURE 111-115
VIII CENTRAL BUREAU OF INVESTIGATION 117-124
IX MAINTENANCE OF AGREED LIST AND LIST OF OFFICERS OF DOUBTFUL INTEGRITY 125-128
X DISCIPLINARY AUTHORITY 129-142
XI CHARGE SHEET 143-152
XII CHARGE-SHEETED EMPLOYEE 153-156
XIII ENQUIRY OFFICER / INQUIRY AUTHORITY 157-170
XIV PRESENTING OFFICER 171-176
XV DEFENCE ASSISTANT / REPRESENTATIVE (DA/DR) 177-182
XVI PRINCIPLES OF NATURAL JUSTICE 183-190
XVII EVIDENCE AND CROSS EXAMINATION 191-200
XVIII PROCEDURE FOR CONDUCT OF DEPARTMENTAL ENQUIRY 207-228
XIX PENALTIES / PUNISHMENT AND EFFECTS THEREOF 229-244
XX VOLUNTARY CESSATION OF EMPLOYMENT & DISCHARGE SIMPLICITOR 245-252
XXI APPEAL & REVIEW 253-258
XXII JUDICIAL INTERVENSION 259-263
XXIII DUMMY ENQUIRY PROCEEDINGS 265-294
APPENDICES
NO. CONTENTS PAGE NUMBERS
1. BIPARTITE SETTLEMENT DATED 10TH APRIL, 2002 295-303
2. BANK OFFICERS EMPLOYEES’ (CONDUCT) REGULATIONS 304-316
3. BANK OFFICER EMPLOYEES’ (DISCIPLINE & APPEAL) REGULATIONS 317-333
4. STATE BANK OF INDIA OFFICERS’ CONDUCT AND DISCIPLINE & APPEAL RULES 334-358
5. BANKING REGULATION ACT, 1949 (SOME RELEVANT PROVISIONS CONCERNING BANK EMPLOYEES) 359-360
6. BANKERS’ BOOK EVIDENCE ACT, 1981
(AMENDMENT) (SOME RELEVANT PROVISIONS CONCERNING BANK EMPLOYEES) 361-363
7. INDUSTRIAL DISPUTE ACT, 1947
(SOME RELEVANT PROVISIONS CONCERNING BANK EMPLOYEES) 364-367
8.. PREVENTION OF CORRUPTION ACT, 1988 (A FEW RELEVANT PROVISIONS CONCERNING BANK EMPLOYEES 368-373
9. INDIAN EVIDENCE ACT, 1872 (SOME RELEVANT PROVISIONS RELATING TO DEPTT. ENQUIRES) 374-384
10. CONSTITUTIONAL PROVISIONS (SOME IMPORTANT ARTICLES ABOUT DEPARTMENTAL PROCEEDINGS) 385-388
11. JUDGEMENT OF KARNATAKA HIGH COURT ON REGULATION 20(3) (iii) OF BANK OFFICERS’ SERVICE REGULATIONS 389-390
12. GOVT OF INDIA OFFICE MEMORANDUM DATED 14.09.1992 WITH REGARD TO SEALED COVER PROCEDURE AND OFFICE MEMORANDUM DATED 02.11.2012 WITH REGARD TO VIGILANCE CLEARANCE FOR PROMOTION 391-399
13. CVC GUIDELINES ON DISCIPLINARY MATTERS 400-409
14. SCHEME FOR EXTENDING LEGAL AND FINANCIAL SUPPORT TO BANK OFFICERS FOR DEFENDING MOTIVATED COMPLAINTS 410-411
15. SUGGESTIONS FOR MODIFICATION IN EXISTING PROVISIONS OF DISCIPLINARY AND APPEAL / CONDUCT REGULATIONS / RULES 412-414
16. COMPENDIUM OF SETTLED LAW OF SUPREME COURT / HIGH COURTS ON DISCIPLINARY & VIGILANCE MATTERS 415-449
17. INFORMATION TECHNOLOGY ACT, 2000 (21 OF 2000) –CONSEQUENTIAL AMENSDEMENTS IN IPC & OTHER ACTS 449
ANNEXURE II
WHAT THEY SAY ABOUT “MANUAL ON DISCIPLINARY
RULES/PROCEDURES AND JUDICIAL DECISIONS
There is no scope for any doubt that this book will be of immense utility and a ready reckoner to the bank officers/employees, handling or involved in disciplinary matters. Simultaneously, it will create awareness among others as to what preventive measures they should adopt to avoid any scope for disciplinary proceedings against them. COM.HARVINDER SINGH, GENERAL SECRETARY
ALL INDIA BANK OFFICERS’CONFEDERATION
There can be no doubt that the book will be of great utility as a ready reference to everybody besides serving as a very useful guide to the members of legal profession. VENKATACHALAM, GENERAL SECRETARY
ALL INDIA BANK EMPLOYEES’ ASSOCIATION
This book would indeed be a boon to such officers as it gives an insight to the whole gamut of disciplinary proceedings in a comprehensive but simple manner. COM.Y. SUDARSHAN, GENERAL SECRETARY
ALL INDIA STATE BANDK OFFICERS’S FEDERATION
The case law cited by the authors as propounded by the Supreme Court of India & High Courts makes this book very useful for all concerned. I am sure the book will prove very useful for particularly Defence Representatives to effectively discharge their noble role of Defence Representative. COM. K.K. NAIR, GENERAL SECRETARY, INDIAN NATIONAL BANK OFFICERS’ CONGRESS & CHAIRMAN, UNITED FORUM OF BANK EMPLOYEES UNIONS.
