A bank manager unilaterally issueed direction in writing to his junior officer in violation of the Bank’s circular beyond the limit of power delegated to him clearly in the circular: What will be the consequences for junior officer for non-compliance of such order? Can such non-compliance become a ground of dereliction of duty or disobedience of order of superior or insubordination of order of superior in the court of law.
Order issued by the Bank Manager unilaterally are in violation of GOI guidelines instructed to him by Head Office in writing for strict compliance & non-compliance entails penalty and censure to bank by RBI / GOI What is the consequences for Junior Officer for non-compliance of such violative order in the court of law.
Can Bank issue charge sheet to juniors for non-compliance of Bank Manager’s written guidelines which are in violation of HO & GOI guidelines.
Please inform for those circumstance if any where officer can be held responsible for non-compliance of superior’s order in violation of written circular of bank in the court of law.
Asked in Civil Law from delhi, Delhi
The law of the land and the rules framed thereunder rank supreme. An order in violation of the rules is to be disobeyed. No action can be taken against the junior officer for refusing to abide by an order that was passed in disregard of rules.
i agree with the above suggestion
Advocate, New Delhi
bank cannot issue charge sheet to junior officer for failing to comply with written order of bank manager which are in flagrant violation of guidelines laid down by Ho and GOI .
in fact had he followed the written order of bank manager he would have been in trouble and disciplinary proceedings initiated against him as they were in violation of HO guidelines . .