N DEPARTMENTAL INQUIRY OF THE BANK ,DISCIPLINARY AUTHORITY ACT AS A GOD OF DEATH FOR CSO , HE HAS GOT EXTRAORDINARY POWERS

DE—PUNISHMENT -- (FIRST PART )

IN DEPARTMENTAL INQUIRY OF THE BANK ,DISCIPLINARY AUTHORITY ACT AS A GOD OF DEATH FOR CSO , HE HAS GOT EXTRAORDINARY POWERS HE/SHE IS THE ONLY AUTHORITY WHO DECIDES QUANTUM OF PUNISHMENT .

(Abbrv—IO/EO, inquiry officer ,CSO –charge sheeted officer ,DA-disciplinary authority ,CVC –central vigilance )

On violation of CONDUCT RULES of the bank an inquiry is proposed & on the proved charges PENALTY is decided by DA , it is observed that in majority of cases the quantum of punishment has no similarity thus in fact by virtue of position he has got discretion & in reality the principle of NATURAL JUSTICE is only a word & nothing more , in rare cases A BANK honors principle of natural justice

Examples---- cases are genuine but names are not flashed -----

1) In a RRB two officers were found serving with fake caste certificate ,dist-collector reported both certificates are fake & asked for FIR & bank took two decisions , ONE was dismissed immediately & SECOND was given an opportunity of defence through DE ,in fact SECOND had a cordial relation with a DENA BANK ,GM ,

2) A PSU chief manager is punished with 4 stages down for the charges that you didn’t deduct your loan installments from your salary for more than 23 months & deducted only through OD a/cs ,

Like wise case an RRB men in karntaka was dismissed only for 2000Rs OD in his own SB a/c

3) A PSU senior manager is punished with two increment down by charging that you didn’t send letter of thanks to newly opened SB a/c holder .

4) In CG ,ONE RRB & SOME PSU BANKS were charged of financing forge loan of KCC , amazingly PSU BANK MNGT filed FIR against farmers with no action against their officers BUT in RRB action were taken against the officers of RRB with FIR against them ,some are sent jail too

There are numerous such cases so question arises what is the logic behind serious action & imposing penalties ?

We can find answer as what made DA so powerful ------

A) Lalit Popli vs. Canara Bank And Others Supreme Court Of India ,the power of judicial review in departmental enquiry including the quantum of punishment is extremely limited and the Court does not sit as an appellate court. He has relied upon the judgments of the Supreme Court in the cases of Union of India v. B.C Chaturvedi ((1995) 6 SCC 749), Lalit Popli v. Canara Bank ((2003) 3 SCC 583), Sate of Uttar Pradesh v. Manmohan Nath Sinha ((2009) 8 SCC 310), Nirmala J. Jhala v. State of Gujrat ((2013) 4 SCC 301), Lucknow Kshetriya Gramin Bank v. Rajendra Singh ((2013) 12 SCC 372), State of Meghalaya v. Mecken Singh N. Marak ((2008) 7 SCC 580),

One significant aspect of PSU/RRB Rules is that there is no statutory prescription of penalties vis-à-vis the misconduct. For example the IPC provides the maximum penalty that may be levied against each crime. Prevention of Corruption Act prescribes the minimum and maximum penalty against each crime dealt with therein. Against this background, the PSU/RRB Rules are conspicuously silent about the quantum of penalty

C) Difference of opinion a faulty & partial provision----

EO OR IO report must be final one ,if DA is the only authority to come on conclusion then why drama of inquiry should be staged ?

Enquiry officer s finding not binding on disciplinary authority: The findings of fact recorded by an enquiry officer to whom the enquiry is entrusted are not binding on the disciplinary authority which may take a different view on the evidence and come to its own conclusion on all or any of the charges framed against the servant. It can never be suggested that the findings recorded by the enquiry officer conclude the matter. Therefore, even where the enquiry officer has found the CSO concerned not guilty, it is competent for the disciplinary authority to disagree with the findings and find the officer guilty.

That’s why I say bank DA has got discretion in awarding quantum of punishment to any extent .

Note ---I had drafted an article on PUNISHMENT process in DE & questioned the wisdom of various authorities in view of principle of natural justice ,it is written in 6 pages so right now serving you the first part & will continue up to 6 days & in the last it will be available in PDF form too

(JUGAL KISHORE SHUKLA )

A RETIRED BANKER

MBL-8827424443