suspension guidelines

8/4/2019 Suspension Guidelines

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PUNJAB NATIONAL BANK OFFICERS'

ASSOCIATION HARYANA(AFFILIATEDTOAIPNBOFI AIBOA I HSC)

Central Office: FLATNO.01, PHONE:0172- 2551890;

GH-25, SECTOR-20,PANCHKULA.

Website: www.pnboahry.com E-mail: [email protected] Mobile: 9216566990

SUSPENSIONGUIDELINES

(Reference: HRDDCircular Letter No. 04/2007 dated 15.03.2007)

Guidelines under Regulation 12 of PNBOfficer Employees' (Discipline &

Appeal) Regulation, 1977 - Suspension

The revised guidelines under regulation 12 of PNB Officer Employees' (D&A)

regulation, 1977 and the uniform / standard format for issuing letters of suspension

of officials by the competent authorities under the following circumstances, were

circulated vide HRDcircular letter no. 3/05 dated 07.05.2005.

A. Where disciplinary proceedings are contemplated/pending.

B. Where criminal offence is under investigation/inquiry/trail.

C. Deemed Suspension - when officer detained in police custody.

D. Deemed suspension - convicted and sentenced to a term of imprisonment.

The important instructions/guidelines are reiterated hereunder:-

1. Several cases have come to the notice of the government where the bank

officials facing departmental/criminal proceedings have been kept under

suspension for excessively long periods. Though suspension is not a punishment,

it certainly constitutes a great hardship for the concerned official. In fairness to

him, it is necessary that the period of suspension should conform to the barestminimum. In this context, the following instructions are reiterated for guidance

and strict compliance:-

a. An official may generally be placed under suspension only in the following

circumstances:-

i. Where the continuance in office of the official will prejudice investigation,

trail or any inquiry (e.g. apprehended tampering with witnesses of

documents).

ii. Where the continuance in office of the official is likely to seriously subvert

discipline in the office in which he is working;

iii.Where the continuance in office of the official will be against wider publicinterest, e.g. if there is a public scandal and it is considered necessary to

place the official under suspension to demonstrate the policy of the bank

to deal strictly with officers involved in such scandals, particularly

corruption;

iv.Where preliminary enquiry into allegations made has revealed a prima

facie case justifying criminal or departmental proceedings which are likely

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to lead to his conviction. And/or dismissal/removal or compulsory

retirement from service; and,

v. Where the official is suspected to have engaged himself in activities

prejudicial to the interest of the security of the state.

b. Even in the above circumstances. An official may be placed under suspension

only in respect of misdemeanour of the following types:-

i. an offence of conduct involving moral turpitude;

ii. Corruption, embezzlement or misappropriation of bank money, possession

of disproportionate assets, misuse of officials powers for personal gains;

iii. Serious negligence and dereliction of duty resulting in considerable loss to

bank;

iv. Desertion of duty; and,

v. Refusal or deliberate failure to carry out written orders of superior officers.

c. While placing an official under suspension, the competent authority shouldconsider whether the purpose cannot be served by transferring the official

from his post to a post where he may not repeat the misconduct or influence

the investigations, if any. in progress. If the authority finds that the purpose

cannot be served by transferring the official from his post to another post,

then he should record reasons therefore before placing the officials under

suspension.

d. In cases where an official is deemed to have been placed under suspension

due to his detention in police custody, as soon as the official is released from

the police custody without any prosecution having been launched, the

competent authority should review such cases as early as possible but within

a maximum period of 30 days from the date the fact about his release was

brought to the notice of the bank, to consider revocation of suspension and

reinstatement of the official in the bank's service. If after the review. the

competent authority does not find justification to revoke the suspension, it

should immediately make a report to the next higher authority giving detailed

justification for continuing the official under justification.

e. In order to keep the period of suspension to the barest minimum, the

competent authority should take all possible steps to file a charge sheet in a

court of law where an official has been placed under suspension on account

of a court case or serve the charge sheet if the action is to be taken under

the discipline and appeal regulations within a reasonable period not exceeding

three months form the date of suspension and in case it is not possible to do

so, to report the matter to higher authorities explaining the reasons for delay.

f. In respect of cases other than those pending in courts, the total period of

suspension should not ordinarily exceed six months except in exceptional

cases where it is not possible to adhere to this time-limit. then the competent

authority should make a report to the next higher authority explaining the

reasons for delay.

g. All authorities receiving information/report about the continued suspension of

officials from their subordinate authorities should carefully examine each case

and see whether the continued suspension of an official s absolutely



necessary or the suspension should be revoked by transferring the official to

another post or office.

2. it is in the inherent powers of the Disciplinary Authority to periodically review the

case of an official under suspension in which charge sheet has been served/filedto see what steps could be taken to expedite the progress of the court trial /

departmental proceedings and wherever it is found that the official can be

allowed to resume duties by transferring him from his post to another post and

where necessary in consultation with CBI/CID/Police or appropriate agencies,

order may be issued for revocation of suspension and allowing the official to

resume duties with further directions as may be considered desirable in each

individual case.

3. An order of suspension made or deemed to have been made may, at any time,

be revoked by the competent authority under the following circumstances:-

a. Departmental Proceedings:-

i. If it is decided that no formal proceedings need be drawn up with a view to

impose a penalty of dismissal, removal or compulsory retirement.

ii. Where the final order passed is other than dismissal, removal or compulsory

retirement.

iii. Where the official is exonerated of the charges against him.

iv. In appeal or revision, the order is modified into one other than dismissal,

removal or compulsory retirement and no further enquiry is ordered to be

held.

b. Criminal Offence:-

i. In arrest and detention cases, it is decided not to proceed further against

the official by filing a charge sheet in the court.

ii. If appeal/revision against acquittal in higher court fails.

iii. If acquitted in trial court or if an appeal/revision in higher court against

the conviction succeeds and he is ultimately acquitted and when it is not

proposed to continue him under suspension, even though departmental

proceedings may be initiated against him.

The above instructions may please be circulated among other competent authorities

under your jurisdiction for meticulous compliance.

Asstt. General Manager

Standard form of order of suspension

(When convicted-deemed suspension)



ORDER

WHEREAS a case, namely against

Shri (name, designation and place of posting) was under trial in

respect of criminal offence.

AND WHEREAS the said Shri was convicted and sentenced to a

term of imprisonment for a period exceeding forty eight hours (computed from the

commencement of imprisonment after conviction).

NOW, therefore in term of Regulation 12.2 of Punjab National Bank officer

Employees' (Discipline & Appeal) Regulation, 1977 the said Shri

________ is deemed to have been suspended with effect from the

date of conviction. i.e. the and shall remain under suspension until

further orders.

Date:Place:

Signature

Name & Designation of the Competent

Authority

1) Copy to the official placed under suspension.

2) Copy to Establishment Section for payment of subsistence allowance in terms of

Regulation 14 of Punjab National Bank officer Employees' (Discipline & Appeal)

Regulation, 1977.

3) Copy to the Disciplinary Authority.

4) Copy to HRD Division, Head Office, New Delhi along with brief details of the

circumstances for which the official has been placed under suspension.

S) Copy to Vigilance Department, HeadOffice, New Delhi.

6) Office Copy.

Standard form or order of suspension

(When detained in PoliceCustody-deemed suspension)



ORDER

WHEREAS a case, namely against

Shri (name, designation and place of posting) in respect of a

criminal offence is under investigation.

AND WHEREAS the said Shri was detained in custody on

______ for a period exceeding forty eight hours

NOW, therefore in term of Regulation 12.2 of Punjab National Bank officer

Employees' (Discipline & Appeal) Regulation, 1977 the said Shri

________ is deemed to have been suspended with effect from the

date of detention. i.e. the and shall remain under suspension until

further orders.

Date:

Place:

Signature


Authority

1) Copy to the official placed under suspension.

2) Copy to Establishment Section for payment of subsistence allowance in terms of


Regulation, 1977.

3) Copy to the Disciplinary Authority.

4) Copy to HRD Division, Head Office, New Delhi along with brief details of the


S) Copy to Vigilance Department, HeadOffice, New Delhi.

6) Office Copy.


(Where disciplinary proceeding are contemplated / pending)



ORDER

WHEREAS a disciplinary proceeding against Shri (name,

designation and place of posting) is contemplated / pending.

WHEREAS having looked into the matter, I consider that___________ (Give reasons that calls

for suspension)

NOW, therefore the undersigned, being the competent authority, under the

provisions of Regulation 12.1 of Punjab National Bank officer Employees' (Discipline

& Appeal) Regulation, 1977, hereby place the said Shri _

under suspension with immediate effect.

It is further ordered that during the period suspension, Shri

__________ will keep the undersigned informed of his address and

he will not leave the headquarters without obtaining the prior permission. He willentitled to receive payment of subsistence allowance in terms of Regulation 14 of

Punjab National Bank officer Employees' (Discipline &Appeal) Regulation, 1977.

Date:

Place:

Signature


Authority

Copy to:

1) The official placed under suspension.

2) The Establishment Section for payment of subsistence allowance in terms of


Regulation, 1977.

3) The Disciplinary Authority.

4) The HRD Division, Head Office, New Delhi along with brief details of the


S) Office Copy (The following is to be recorded on the office copy only).

The circumstances in which the order of suspension was made, are as follows:

(In terms of Govt. / bank guidelines, the competent authority is required to consider

whether the purpose can not be served by transferring an official to a post where he

may not repeat the misconduct and influence the investigation, if any and also to

record reasons therefore before placing an official under suspension)

Model reasons : The transfer of Shri to any other place is in

the interest of the bank. Even if Shri is transferred to the place,

he will have means to influence the witnesses / ur in of evidence.


(Where criminal offence is under investigation / inquiry / trial)



ORDER

WHEREASa case against Shri (name, designation and place

of posting) is under investigation I inquiry I trial.WHEREAS having looked into the matter, I consider that

___________ (Give reasons that calls

for suspension)

NOW, THERFORE, the undersigned, being the competent authority, under the

provisions of Regulation 12.1 of Punjab National Bank officer Employees' (Discipline

& Appeal) Regulation, 1977, hereby place the said Shri _

under suspension with immediate effect.

It is further ordered that during the period suspension, Shri

__________ will keep the undersigned informed of his address and

he will not leave the headquarters without obtaining the prior permission. He willentitled to receive payment of subsistence allowance in terms of Regulation 14 of

Punjab National Bank officer Employees' (Discipline &Appeal) Regulation, 1977.

Signature

Name &Designation of the Competent Authority

Date:

Place:

Copy to:

1) The official placed under suspension.

2) The Establishment Section for payment of subsistence allowance in terms of


Regulation, 1977.

3) The Disciplinary Authority.

4) The HRD Division, Head Office, New Delhi along with brief details of the


S) Office Copy (The following is to be recorded on the office copy only).

The circumstances in which the order of suspension was made, are as follows:

(In terms of Govt. I bank guidelines, the competent authority is required to considerwhether the purpose cannot be served by transferring an official to a post where he

may not repeat the misconduct and influence the investigation, if any and also to

record reasons therefore before placing an official under suspension)

Model reasons : The transfer of Shri to any other place is in

the interest of the bank. Even if Shri is transferred to the place,

he will have means to influence the witnesses I of evidence.

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