Who shall be the disciplinary authority?

imchandrasekharaiah (Querist) 15 September 2016 This query is : Resolved
in one of the Banks, X was a clerk from 2001 to 2010. He was promoted as an officer during 2011. He is working now as an Officer. Now ( during 2016) the bank has intiated disciplinary action for the alleged misconduct done in 2005 by the staff when he was a clerk. As per the Staff Service Regulations of the Bank, Chief Manager is the disciplinary authority for the clerical cadre and General Manager is the disciplinary authority for the Officer cadre.
Who shall be the disciplinary authority, as the alleged misconduct was done during the tenure of clerical cadre but action intitiated while he was an officer. Chief Manager or General Manager?

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Sudhir Kumar, Advocate Online

(Expert) 15 September 2016
whosoever is higher in rank.

Guest (Expert) 15 September 2016
Depends upon the estatus of the employee with reference to which the charge sheet is served, not on any past status, may the offence related to that period. So, GM is the competent Disciplinary Authority in this case.

N.K.Assumi (Expert) 16 September 2016
Rightly advised.

Rajendra K Goyal (Expert) 16 September 2016
Agree with the experts, GM would be the disciplinary authority.

Kumar Doab (Expert) 16 September 2016
Properly advised.

Sudhir Kumar, Advocate Online

(Expert) 16 September 2016
who is superior in rank

General Manager

or

Chief Manager

Raj Kumar Makkad (Expert) 18 September 2016
General manager as the charge-sheet is being issued at present when he is working as officer.

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