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Friday, March 8, 2024
Today's Bipartite upĸate
Thursday, March 7, 2024
RBL Bank Employee conducted Rs 19 crore fraud in Govt University Account
Court orders Govt cannot suspend Employee for sending message in WhatsApp Group
The Madhya Pradesh High Court recently made a ruling stating that the government cannot take action against an employee under the disciplinary rules of service for their activities in a private WhatsApp group. This ruling was made in the case of ID Makrani vs The State Of Madhya Pradesh.
“If any member forwards a message in the Whatsapp group which does not mean that it is his personal opinion. Any message in the form of text, photo or video sent in Whatsapp group is confined to the members of the said group. It cannot be said that message had been made public,” the Court observed.
Justice Vivek Rusia, who presided over the case, reasoned that forwarding a WhatsApp message in a private WhatsApp group does not amount to making it public. The court observed that such groups are private in nature and are often formed by like-minded people. Therefore, the activities of a government employee in a private WhatsApp group cannot be linked with serious disciplinary rules.
The court made these observations while dealing with a petition filed by a government official who was suspended for forwarding an “objectionable political message” in a WhatsApp group with other employees. The court concluded that since the WhatsApp group was private and had nothing to do with the officer’s work for the government, the government could not take disciplinary action against the employee.
The court further explained that forwarding a message in a WhatsApp group does not necessarily mean that the person is expressing their personal opinion. It emphasized that any message sent in a WhatsApp group, whether it is in the form of text, photo, or video, is confined to the members of that group and cannot be considered as being made public.
In this particular case, the petitioner, Makrani, had forwarded the WhatsApp message to the group, and he claimed that it had been inadvertently forwarded by his six-year-old daughter. However, the court found that the petitioner had not updated his service book in respect of the birth of his daughter, indicating that his claim was not false. The court also did not accept the contention that forwarding a message on WhatsApp can be questioned under the service rules.
“The Government has not issued any circular or made statutory provision for Government employee / office to create Whatsapp group, therefore, any activity of Government employee in the group cannot be linked with serious disciplinary rules.”
Based on these findings, the court allowed the petition and quashed the order of suspension as well as the charge sheet issued to the petitioner.
Bipartite will sign on 8th march without 5 days banking
Tuesday, March 5, 2024
Monday, March 4, 2024
Government may announce Five Day Banking before Elections
According to a report by Financial Express, the Indian government is considering the implementation of a five-day working week for banks before the model code of conduct (MCC) comes into effect ahead of the Lok Sabha elections. This move comes after public-sector bank employees are set to receive a 17% salary increase, following the signing of a memorandum of understanding (MoU) between the Indian Banks’ Association (IBA) and bank unions in December of last year.
Unions’ Request for a Five-Day Work Week
Bank unions have been advocating for the implementation of a five-day work week, similar to government offices, RBI offices, and the Life Insurance Corporation of India, who already operate on a five-day schedule. The IBA and employee unions approved this proposal in November, and it was subsequently sent to the finance ministry for consideration.
Government’s Support and Timing
An official stated that the government is in support of the five-day work week proposal and has been waiting for the right moment to announce it. It appears that now is the opportune time for the government to make this announcement.
Sunday, March 3, 2024
Government don't want to declare 5days banking before election
Indian Banks Association (IBA) is not a Statutory Body. It is a voluntary association of banks in India.
It is not an institution registered under Law of the land namely, Indian Companies Act, 1956 (Amended in 2013), Societies Registration Act, 1860 etc.
So, this MoU has no force of law and it is patently illegal.
It is void ab initio. Hence it is not legally enforceable.
Election Commission of India must rescind this Memorandum of Undertaking forthwith.
If necessary, Government of India must intervene and ensure that the bankmen are not troubled under any pretext, for undertaking non-banking related tasks
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