Impact of change of disciplinary authority
Board of Bank has approved & displayed Competent authority under Regulation 12 for the purpose of placing officers under suspension w.e.f. 01.04.2014. Now revised authority for MMG-II & MMG-III is AGM/DGM In controlling Office. But prior to it Disciplinary authority w.e.f.
01.04.2013 was DGM, FGM office.
I am in MMG-III was placed under suspension in January 2014 by AGM controlling office.
Later on AGM informed me it is executed order which carries approval in file.
1. Authority for placing officer under suspension & Disciplinary Authority can be two different authority? or Authority for placing under suspension and Disciplinary Authority are same one.
2. Following Guidelines of Supreme Court of India are applicable in case of suspension or not.
Guidelines in Union of India & Ors. Vs. B.V. Gopinath Civil Appeal No 7761 of 2013
43. Accepting the submission of Ms. Indira Jaising would run counter to the well known maxim delegatus non protest delegare (or delegari). The principle is summed up in "Judicial Review of Administrative Action" De Smith, Woolf and Jowell (Fifth Edition) as follows:- "The rule against delegation A discretionary power must, in general, be exercised only by the authority to which it has been committed. It is a well-known principle of law that when a power has been confided to a person in circumstances indicating that trust is being placed in his individual judgment and discretion, he must exercise that power personally unless he has been expressly empowered to delegate it to another."
The same principle has been described in "Administrative Law" H.W.R. Wade & C.F. Forsyth (Ninth Edition), Chapter 10, as follows:- "Inalienable discretionary power An element which is essential to the lawful exercise of power is that it should be exercised by the authority upon whom it is conferred, and by no one else. The principle is strictly applied, even where it causes administrative inconvenience, except in cases where it may reasonably be inferred that the power was intended to be delegable. Normally the courts are rigorous in requiring the power to be exercised by the precise person or body stated in the statute, and in condemning as ultra vires action taken by agents, sub-committees or delegates, however expressly authorized by the authority endowed with the power."
Asked in Civil Law from Delhi, Delhi
you have been placed in suspension in January 2014 by AGM .. you have been informed that the decision to place you under suspension was duly approved . request for inspection of approvals granted for your suspension . if said authority has duly approved your suspension then you wont have any case .
i did not request for inspection of approvals nor it was granted to me.
I immediately requested to provide me name, designation and employee number of the competent authority who has approved my suspension which was not provided to me & i was informed it is an executed order and nothing is required in this case.
what is in their file can changed by them at any time. Is there any decision which restricts such activities.
Asked 3 years ago
you should ask for copy of said approval as it is most crucial in your case . you were informed by AGM of your suspension . it is case of bank that this was done after prior approvals . hence ask for copy of said approval .
if inspite of request the bank refuses to furnish you said documents it will help you challenging order of suspension .
Apply for a copy of approval as further legal action hinges on it. If denied, you can take recourse to law to challenge your suspension. Suspension if not made in accordance with existing rules can be quashed by court.
I requested immediately after suspension name & designation of competent authority but they informed me it was now an executed order. After the reply of Sh. Ajay Sethi I again requested but in vein. let us ignore the procedural lapses in suspension order even than any man of ordinary prudence including inebriated person familiar with the working of nationalized banks what to speak of high court or supreme court judges can not digest suspension. But cost of justice in our country is too high that it is beyond my reach. To quote: my leave request in bank system with the reason spine damaged, fractured etc., was rejected with the reason "No information." My negative salary was generated i was compelled beyond the written regulation to produce medical certificate for sanction of leave. I verified in hundreds high value transactions in bank system which they can never erase from system my salary was deducted and told through RTI appeal "NO WORK NO PAY" before i could sent 2ND appeal/complaint to CIC i was told to remain in the boundary of institution if want to continue service. Justice in our country is too costly. it is beyond my reach other wise on the next day i had submitted my case to high court.
Asked 3 years ago
if you cannot afford advocate fees contact district legal aid centre for assistance . in addition you can approach bank union s for assistance .
Contrary to what you have remarked, on the basis of my personal experience I am of the view that cost of justice is cheap is in our country when compared to developed countries in the west.
Anyhow, if the fee of a lawyer is beyond your reach then apply to District Legal Services Authority (the headquarters of which are situated in every court house) for assigning to you a lawyer at state expenses. Alternatively, as suggested by Mr.Sethi you may approach the trade unions for financial assistance.