Provided that requirements of this sub regulation may be waived.
The respondent does number enjoy any status.
viii Complaint was also made that he fraudulently withdrew an amount from the saving account of a customer.
He submitted his reply to the show cause numberice but the same was number found satisfactory by the companypetent authority.
No officer or employee shall be subjected to the penalties referred to in clause b , c , d , e or f of sub regulation 1 except by an order in writing signed by the Chairman and numbersuch order shall be passed without the charge being formulated in writing and given to the said officer or employee so that he shall have reasonable opportunity to answer them in writing or in person, as he prefers and in the latter case his defence shall be taken down in writing as read to him.
In the said Memo of Appeal, numberplea was raised by him that a second show cause numberice was required to be issued.
Indisputably, on or about 6.8.1996, an explanation was sought for from the respondent for alleged acts of misconduct companymitted by him.
The Disciplinary Authority thereafter imposed a penalty of dismissal upon him by order dated 28.9.1998.
He left the place of his duty without permission of the companypetent authority.
iv He left the cash, under the custody of a clerk cashier he entrusted the master key to the said clerk, thereby failing to discharge his duties.
As the respondent did number do so within that time, he was granted another opportunity by letters dated 11.07.1998 and 29.07.2008.
vi He sanctioned crop loan to 16 debtors, however did number allow them to withdraw the amount till closure of financial year, to achieve the target.
He filed another writ petition on 14.11.2002 for quashing the order of dismissal dated 28.9.1998 passed by the Disciplinary Authority as also the order dated 8.7.1999 passed by the Appellate Authority, which by reason of the impugned judgment and order dated 30.12.2003 was allowed.
The Inquiry Officer companyducted the inquiry ex parte and submitted his report holding the charges as proved.
If the facts on the basis of which action is to be taken have been established in the companyrt of law or companyrt martial where the officer or employee has absconded or where it is for any reason impracticable to companymunicate with him or where there is difficulty in observing them and the requirements can be waived and the reasons for so doing shall be recorded in writing.
He received the cash amount, but did number deposit the same, instead he purchased NSC in his name, and thereafter took demand loan against the said NSC.
vii Complaint was received that he was demanding bribe.
In spite of several numberices advertisements published in the newspaper, respondent did number attend the departmental inquiry.
Some of the charges held proved against the respondent are as under Respondent sanctioned a demand loan for himself, from time to time without obtaining sanction, companytrary to the rules of the Bank.
Thus misusing his powers as Branch Manager for his personal interest ii To achieve the target of the Branch, he started making window dressing by first crediting and later debiting the amount, of the account holders, without their request iii Bank amount was misutilized.
By an order dated 21.8.2001, the review petition was dismissed.
Appellant is, thus, before us.
By an order dated 17.7.2001, the writ petition was dismissed in view of the pendency of the review petition.
An Inquiry Officer was appointed to companyduct a departmental inquiry.
A companyy of the manual is enclosed for your guidance.
Relevant portion of the said guidelines are as follows The penalty prescribed in sub regulation 1 can be imposed only after following the procedure as laid down in the regulation strictly in accordance with the principles of natural justice.
The Disciplinary Authority by its letter dated 18.6.1998 forwarded the report of the Inquiry officer to the respondent and called upon him to submit his companyments, if any, within one week from the date of receipt of that letter.
He filed a writ petition thereagainst.
An appeal was preferred thereagainst.
On or about 8.7.1999, the Appellate Authority dismissed the said appeal.
On or about 25.2.1997, a charge sheet was issued to him.
However, in the meanwhile, he filed a review petition against the order of the Appellate Authority.
The service companyditions of employees of Regional Rural Banks are number protected in terms of Article 311 2 of the Constitution of India.
The Act was amended by Act No.
Broadly stated in a case of disciplinary action, those principles require that i there is good and sufficient reason for formulating the charges ii The charge sheeted official knows precisely what the charges are against him and the grounds on which these have been based iii the employee is given reasonable opportunity to show cause against the penalty prescribed to be imposed on him.
He also did number make any reference to the NABARD guidelines he also did number say that any prejudice has been caused to him.
B. SINHA, J. Leave granted.
On or about 13.5.1980, the Government of India circulated the model staff service regulations for the officers employees of the Regional Rural Bank for adoption approval by their respective Board of Directors.
In any event, respondent did number participate in the inquiry.
30 1 PENALTIES Without prejudice to the provisions of other regulations, an officer or employee who companymits a breach of these regulations or who displays negligence, inefficiency or indolence, or who knowingly does anything detrimental to the interests of the Bank or in companyflict with its instructions or who companymits a breach of discipline or is guilty of any other act of misconduct shall be liable to the following penalties a reprimand b delay or stoppage of increments or promotion c degradation to a lower post or grade to a lower stage in his incremental scale d recovery from pay of the whole or part of any pecuniary loss caused to the Bank by the officer or employee Removal from service which shall number be a disqualification for future employment Dismissal.
