Dismissal from service
NAYAK MAFATLAL GORDHANDAS
(Querist) 25 January 2012
This query is : Resolved
Sir, my best friend (Branch Manager of Nationalied Bank) who was caught red handed by ACB, case was filed by ACB. Meanwhile, Bank suspended him on the ground that he was kept under 48 hours' custody.
Departmental Inquirey was setup and charges were partially proved by Inquiry Authority. He was degraded to first stage of Officer Scale 1.His suspension was revocked. Recently, case was run in Hon. Court and he was sentenced for 5 years jail. After that he applied for bail in high court and court granted bail. After his relive from jail he joined his duty, but once again Bank suspended him on the ground that he was kept under more than 48 hours'custody. After that bank has issued him show cause notice why should he not dismissed from the service. He urged the bank that high court have admitted his appeal which is pending, and there is no ground to dismiss him from the service, but Bank have dismissed him. Please, guide: Have bank taken right action or fault of the Bank on which base my beloved friend can get JOB back.
Thanks and regards.
ajay sethi
(Expert) 25 January 2012
your best friend has been convicted and sentenced to 5 years in jail . the bank has taken right step in dismissing him from service .
Sudhir Kumar, Advocate
(Expert) 25 January 2012
Action of Bank is legally sustainable. Your friend (actually you making query onbahelf of friend) can get the job back only if acuitted in appeal, till then no remedy.
Raj Kumar Makkad
(Expert) 26 January 2012
I do not agree with Sudhir on the point that your friend shall get back his service once his appeal is accepted.
Bank is not bound by the verdict of criminal court. If charges have been proved or bank has dismissed you on the basis of its own departmental procedure, your friend cannot take shelter of order of high court pending on criminal case.
Your friend has no option but to negotiate with the management of the bank on the terms that if bank take its order back then you may tender your resignation so that benefits may be given to you and your future may be secured somehow.
Sudhir Kumar, Advocate
(Expert) 26 January 2012
I have read what he has stated in the query "Departmental Inquirey was setup and charges were partially proved by Inquiry Authority. He was degraded to first stage of Officer Scale 1.His suspension was revocked."
Bank has already taken on depttl proceeding ad imposed penalty of reduction in rank. If this reduction is on the same ground on which conviction is then there cannot be fresh disciplinary proceedings. This dismissal as apparently is on the ground of conviction. He has no point to negotiate with the Management as long as he cannot get the conviction quashed. He was manager at the time of trap there might be CVC consultation also. None in Govt can afford to be charitable in bribery case.
V R SHROFF
(Expert) 26 January 2012
Bank had rightly dismissed him.
Advocate. Arunagiri
(Expert) 26 January 2012
Now a days there are good friends, for the litigants. Only the good friends are coming forward for this query. Not the affected person.
venkatesh Rao
(Expert) 26 January 2012
The bank is within the ambit of law to have issued notice as to why he should not be dismissed.
The penalty of reduction in rank was on the charge of misconduct of having been caught red handed.
Present proposed inquiry is for conviction for the criminal offence by a criminal court. Of course, he can be dismissed even without formal inquiry.
There is no double jeopardy.
RAJU O.F.,
(Expert) 26 January 2012
A person of highest position in the branch of Bank was caught and offence proved and further, competent court convicted him with 5 years imprisonment. If the same person is allowed to work in the bank, their customers and general public will not have faith in that bank. such persons must enjoy exemplarary punishment.
Surendra Gupta
(Expert) 26 January 2012
The bank’s action in dismissing the person without departmental enquiry and without giving him opportunity to appeal before the bank’s Appellate Authority does not seem justified. The Highest Court has decided that the bank’s Departmental Proceedings & Courts proceedings are independent of each other. Since the charge is old on which the bank has already conducted departmental enquiry and punishment awarded, fresh departmental enquiry cannot be conducted on the same charge sheet. The Manager has the following options:
1. Appeal against the dismissal before the Bank’s Appelant Authority and if no relief then,
2. File a writ petition against dismissal in the High Court
3. The writer can be contacted at skg_fbd@yahoo.com
Sudhir Kumar, Advocate
(Expert) 28 January 2012
Slightly to disagree with Mr Surender Gupta.
The queriest has given half facts.
The Bank took disciplinary action and imposed a penalty. He has not stated at all whether on which charge the disciplinary proceedings were there. The proceedings could have been on charge other than bribery i.e delaying the case of the complainant.
Notwithstanding anything. Once the person is convicted then there is no need to conduct any inquiry and dismissal can be awarded on the basis of a Show Cause Notice. This will be equally good incase of conviction is on a charge other than connected with job. Article 311 has a provision for the same and the same is incorporated in CCS(CC&A) Rules and the same provisions are copied by Nationalised Banks and PSUs in the CDA Rules.
No doubt that the courts have treated criminal trial and depttl proceedings on different footings but for the purpose of parallel proceedings. The court has nowhere stated that department / PSU has obligation to keep convicted employee on the rolls if the job involves fiduciary capacity.
So the dismissal is on the ground of convicted (at least what he as stated) and let him file appeal after the same is quashed by High Court.
Sudhir Kumar, Advocate
(Expert) 28 January 2012
Slightly to disagree with Mr Surender Gupta.
The queriest has given half facts.
The Bank took disciplinary action and imposed a penalty. He has not stated at all whether on which charge the disciplinary proceedings were there. The proceedings could have been on charge other than bribery i.e delaying the case of the complainant.
Notwithstanding anything. Once the person is convicted then there is no need to conduct any inquiry and dismissal can be awarded on the basis of a Show Cause Notice. This will be equally good incase of conviction is on a charge other than connected with job. Article 311 has a provision for the same and the same is incorporated in CCS(CC&A) Rules and the same provisions are copied by Nationalised Banks and PSUs in the CDA Rules.
No doubt that the courts have treated criminal trial and depttl proceedings on different footings but for the purpose of parallel proceedings. The court has nowhere stated that department / PSU has obligation to keep convicted employee on the rolls if the job involves fiduciary capacity.
So the dismissal is on the ground of convicted (at least what he as stated) and let him file appeal after the same is quashed by High Court.
R.RAJENDRAN
(Expert) 28 January 2012
The action of the bank on the basis of the result of the criminal proceedings in the Court. Besides this, the department is also taking departmental proceedings to dismiss your friend. Though both proceedings are independent, the department can take cognizance of the decision of the court in the criminal case.
The only remedy is to file a writ to stay the departmental proceedings, pending disposal of the case by the High Court, on the ground any action on the part of the bank will prejudice the matter pending before the High Court.
