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8/4/2019 Suspension Guidelines
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PUNJAB NATIONAL BANK OFFICERS'
ASSOCIATION HARYANA(AFFILIATEDTOAIPNBOFI AIBOA I HSC)
Central Office: FLATNO.01, PHONE:0172- 2551890;
GH-25, SECTOR-20,PANCHKULA.
Website: www.pnboahry.com E-mail: [email protected] Mobile: 9216566990
SUSPENSIONGUIDELINES
(Reference: HRDDCircular Letter No. 04/2007 dated 15.03.2007)
Guidelines under Regulation 12 of PNBOfficer Employees' (Discipline &
Appeal) Regulation, 1977 - Suspension
The revised guidelines under regulation 12 of PNB Officer Employees' (D&A)
regulation, 1977 and the uniform / standard format for issuing letters of suspension
of officials by the competent authorities under the following circumstances, were
circulated vide HRDcircular letter no. 3/05 dated 07.05.2005.
A. Where disciplinary proceedings are contemplated/pending.
B. Where criminal offence is under investigation/inquiry/trail.
C. Deemed Suspension - when officer detained in police custody.
D. Deemed suspension - convicted and sentenced to a term of imprisonment.
The important instructions/guidelines are reiterated hereunder:-
1. Several cases have come to the notice of the government where the bank
officials facing departmental/criminal proceedings have been kept under
suspension for excessively long periods. Though suspension is not a punishment,
it certainly constitutes a great hardship for the concerned official. In fairness to
him, it is necessary that the period of suspension should conform to the barestminimum. In this context, the following instructions are reiterated for guidance
and strict compliance:-
a. An official may generally be placed under suspension only in the following
circumstances:-
i. Where the continuance in office of the official will prejudice investigation,
trail or any inquiry (e.g. apprehended tampering with witnesses of
documents).
ii. Where the continuance in office of the official is likely to seriously subvert
discipline in the office in which he is working;
iii.Where the continuance in office of the official will be against wider publicinterest, e.g. if there is a public scandal and it is considered necessary to
place the official under suspension to demonstrate the policy of the bank
to deal strictly with officers involved in such scandals, particularly
corruption;
iv.Where preliminary enquiry into allegations made has revealed a prima
facie case justifying criminal or departmental proceedings which are likely
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to lead to his conviction. And/or dismissal/removal or compulsory
retirement from service; and,
v. Where the official is suspected to have engaged himself in activities
prejudicial to the interest of the security of the state.
b. Even in the above circumstances. An official may be placed under suspension
only in respect of misdemeanour of the following types:-
i. an offence of conduct involving moral turpitude;
ii. Corruption, embezzlement or misappropriation of bank money, possession
of disproportionate assets, misuse of officials powers for personal gains;
iii. Serious negligence and dereliction of duty resulting in considerable loss to
bank;
iv. Desertion of duty; and,
v. Refusal or deliberate failure to carry out written orders of superior officers.
c. While placing an official under suspension, the competent authority shouldconsider whether the purpose cannot be served by transferring the official
from his post to a post where he may not repeat the misconduct or influence
the investigations, if any. in progress. If the authority finds that the purpose
cannot be served by transferring the official from his post to another post,
then he should record reasons therefore before placing the officials under
suspension.
d. In cases where an official is deemed to have been placed under suspension
due to his detention in police custody, as soon as the official is released from
the police custody without any prosecution having been launched, the
competent authority should review such cases as early as possible but within
a maximum period of 30 days from the date the fact about his release was
brought to the notice of the bank, to consider revocation of suspension and
reinstatement of the official in the bank's service. If after the review. the
competent authority does not find justification to revoke the suspension, it
should immediately make a report to the next higher authority giving detailed
justification for continuing the official under justification.
e. In order to keep the period of suspension to the barest minimum, the
competent authority should take all possible steps to file a charge sheet in a
court of law where an official has been placed under suspension on account
of a court case or serve the charge sheet if the action is to be taken under
the discipline and appeal regulations within a reasonable period not exceeding
three months form the date of suspension and in case it is not possible to do
so, to report the matter to higher authorities explaining the reasons for delay.
f. In respect of cases other than those pending in courts, the total period of
suspension should not ordinarily exceed six months except in exceptional
cases where it is not possible to adhere to this time-limit. then the competent
authority should make a report to the next higher authority explaining the
reasons for delay.
g. All authorities receiving information/report about the continued suspension of
officials from their subordinate authorities should carefully examine each case
and see whether the continued suspension of an official s absolutely
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necessary or the suspension should be revoked by transferring the official to
another post or office.
2. it is in the inherent powers of the Disciplinary Authority to periodically review the
case of an official under suspension in which charge sheet has been served/filedto see what steps could be taken to expedite the progress of the court trial /
departmental proceedings and wherever it is found that the official can be
allowed to resume duties by transferring him from his post to another post and
where necessary in consultation with CBI/CID/Police or appropriate agencies,
order may be issued for revocation of suspension and allowing the official to
resume duties with further directions as may be considered desirable in each
individual case.
3. An order of suspension made or deemed to have been made may, at any time,
be revoked by the competent authority under the following circumstances:-
a. Departmental Proceedings:-
i. If it is decided that no formal proceedings need be drawn up with a view to
impose a penalty of dismissal, removal or compulsory retirement.
ii. Where the final order passed is other than dismissal, removal or compulsory
retirement.
iii. Where the official is exonerated of the charges against him.
iv. In appeal or revision, the order is modified into one other than dismissal,
removal or compulsory retirement and no further enquiry is ordered to be
held.
b. Criminal Offence:-
i. In arrest and detention cases, it is decided not to proceed further against
the official by filing a charge sheet in the court.
ii. If appeal/revision against acquittal in higher court fails.
iii. If acquitted in trial court or if an appeal/revision in higher court against
the conviction succeeds and he is ultimately acquitted and when it is not
proposed to continue him under suspension, even though departmental
proceedings may be initiated against him.
The above instructions may please be circulated among other competent authorities
under your jurisdiction for meticulous compliance.
Asstt. General Manager
Standard form of order of suspension
(When convicted-deemed suspension)
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ORDER
WHEREAS a case, namely against
Shri (name, designation and place of posting) was under trial in
respect of criminal offence.
AND WHEREAS the said Shri was convicted and sentenced to a
term of imprisonment for a period exceeding forty eight hours (computed from the
commencement of imprisonment after conviction).
NOW, therefore in term of Regulation 12.2 of Punjab National Bank officer
Employees' (Discipline & Appeal) Regulation, 1977 the said Shri
________ is deemed to have been suspended with effect from the
date of conviction. i.e. the and shall remain under suspension until
further orders.
Date:Place:
Signature
Name & Designation of the Competent
Authority
1) Copy to the official placed under suspension.
2) Copy to Establishment Section for payment of subsistence allowance in terms of
Regulation 14 of Punjab National Bank officer Employees' (Discipline & Appeal)
Regulation, 1977.
3) Copy to the Disciplinary Authority.
4) Copy to HRD Division, Head Office, New Delhi along with brief details of the
circumstances for which the official has been placed under suspension.
S) Copy to Vigilance Department, HeadOffice, New Delhi.
6) Office Copy.
Standard form or order of suspension
(When detained in PoliceCustody-deemed suspension)
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ORDER
WHEREAS a case, namely against
Shri (name, designation and place of posting) in respect of a
criminal offence is under investigation.
AND WHEREAS the said Shri was detained in custody on
______ for a period exceeding forty eight hours
NOW, therefore in term of Regulation 12.2 of Punjab National Bank officer
Employees' (Discipline & Appeal) Regulation, 1977 the said Shri
________ is deemed to have been suspended with effect from the
date of detention. i.e. the and shall remain under suspension until
further orders.
Date:
Place:
Signature
Name & Designation of the Competent
Authority
1) Copy to the official placed under suspension.
2) Copy to Establishment Section for payment of subsistence allowance in terms of
Regulation 14 of Punjab National Bank officer Employees' (Discipline & Appeal)
Regulation, 1977.
3) Copy to the Disciplinary Authority.
4) Copy to HRD Division, Head Office, New Delhi along with brief details of the
circumstances for which the official has been placed under suspension.
S) Copy to Vigilance Department, HeadOffice, New Delhi.
6) Office Copy.
Standard form of order of suspension
(Where disciplinary proceeding are contemplated / pending)
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ORDER
WHEREAS a disciplinary proceeding against Shri (name,
designation and place of posting) is contemplated / pending.
WHEREAS having looked into the matter, I consider that___________ (Give reasons that calls
for suspension)
NOW, therefore the undersigned, being the competent authority, under the
provisions of Regulation 12.1 of Punjab National Bank officer Employees' (Discipline
& Appeal) Regulation, 1977, hereby place the said Shri _
under suspension with immediate effect.
It is further ordered that during the period suspension, Shri
__________ will keep the undersigned informed of his address and
he will not leave the headquarters without obtaining the prior permission. He willentitled to receive payment of subsistence allowance in terms of Regulation 14 of
Punjab National Bank officer Employees' (Discipline &Appeal) Regulation, 1977.
Date:
Place:
Signature
Name & Designation of the Competent
Authority
Copy to:
1) The official placed under suspension.
2) The Establishment Section for payment of subsistence allowance in terms of
Regulation 14 of Punjab National Bank officer Employees' (Discipline & Appeal)
Regulation, 1977.
3) The Disciplinary Authority.
4) The HRD Division, Head Office, New Delhi along with brief details of the
circumstances for which the official has been placed under suspension.
S) Office Copy (The following is to be recorded on the office copy only).
The circumstances in which the order of suspension was made, are as follows:
(In terms of Govt. / bank guidelines, the competent authority is required to consider
whether the purpose can not be served by transferring an official to a post where he
may not repeat the misconduct and influence the investigation, if any and also to
record reasons therefore before placing an official under suspension)
Model reasons : The transfer of Shri to any other place is in
the interest of the bank. Even if Shri is transferred to the place,
he will have means to influence the witnesses / ur in of evidence.
Standard form of order of suspension
(Where criminal offence is under investigation / inquiry / trial)
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ORDER
WHEREASa case against Shri (name, designation and place
of posting) is under investigation I inquiry I trial.WHEREAS having looked into the matter, I consider that
___________ (Give reasons that calls
for suspension)
NOW, THERFORE, the undersigned, being the competent authority, under the
provisions of Regulation 12.1 of Punjab National Bank officer Employees' (Discipline
& Appeal) Regulation, 1977, hereby place the said Shri _
under suspension with immediate effect.
It is further ordered that during the period suspension, Shri
__________ will keep the undersigned informed of his address and
he will not leave the headquarters without obtaining the prior permission. He willentitled to receive payment of subsistence allowance in terms of Regulation 14 of
Punjab National Bank officer Employees' (Discipline &Appeal) Regulation, 1977.
Signature
Name &Designation of the Competent Authority
Date:
Place:
Copy to:
1) The official placed under suspension.
2) The Establishment Section for payment of subsistence allowance in terms of
Regulation 14 of Punjab National Bank officer Employees' (Discipline & Appeal)
Regulation, 1977.
3) The Disciplinary Authority.
4) The HRD Division, Head Office, New Delhi along with brief details of the
circumstances for which the official has been placed under suspension.
S) Office Copy (The following is to be recorded on the office copy only).
The circumstances in which the order of suspension was made, are as follows:
(In terms of Govt. I bank guidelines, the competent authority is required to considerwhether the purpose cannot be served by transferring an official to a post where he
may not repeat the misconduct and influence the investigation, if any and also to
record reasons therefore before placing an official under suspension)
Model reasons : The transfer of Shri to any other place is in
the interest of the bank. Even if Shri is transferred to the place,
he will have means to influence the witnesses I of evidence.