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Punjab National Bank Officer Employees (Discipline & Appeal)
Regulations, 1977 Page No.3 of 5
Action on the Inquiry Report (Regulation:7)
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. 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. 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. 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.
Procedure for Imposing Minor Penalties (Regulation: 8)
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. 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. The record of the proceedings in such cases shall include
A copy of the statement of imputation of lapses furnished to the officer employee; The defence statement, if any, of the officer employee; and The orders of the Disciplinary Authority together with the reasons therefor.
COMMUNICATION OF ORDERS (Regulation: 9)
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.
COMMON PROCEEDINGS(Regulation: 10)
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.
SPECIAL PROCEDURE IN CERTAIN CASES (Regulation:11)
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.
SUSPENSION (Regulation: 12)
An officer employee may be placed under suspension by the competent authority
where a disciplinary proceeding against him is contemplated or is pending ; or where a case against him in respect of any criminal offence under investigation, inquiry or trial. An officer employee shall be deemed to have been placed under suspension by an order of the competent authority
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; 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.
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. 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.
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. 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.
LEAVE DURING SUSPENSION (Regulation: 13)
No leave shall be granted to an officer employee under suspension.
SUBSISTENCE ALLOWANCE DURING SUSPENSION (Regulation: 14)
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:-
Basic Pay
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. For the subsequent period after 3 months from the date of suspension,
Where the enquiry is held departmentally by the bank, ˝ of the basic pay, the officer employee was drawing on the date prior to the date of suspension and 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 ˝ 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.
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. During the period of suspension an officer employee shall not be entitled to occupation of rent-free or free house of the bank’s car or receipt of conveyance or entertainment allowance or special allowance. 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. If during the period of suspension an officer employee retires by reason of his attaining the age of supeannuation, no subsistence allowance shall be paid to him from the date of his retirement.
PAY, ALLOWANCES AND TREATMENT OF SERVICE ON TERMINATION OF SUSPENSION (Regulation:15)
Where the competent authority holds that the officer employee has been fully exonerated or that the suspensionw 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. 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.
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; 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.
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