Bank has drafted & circulated in all offices uniform/standard format for issuing letters of suspension of officials by the Competent Authorities in the bank Which is given below.
“ Standard form of order of suspension ”
O R D E R
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 XYZ Bank Officer Employees’ (Discipline & Appeal) Regulations, 1977, hereby place the said Shri _____________________________ under suspension with immediate effect.
It is further ordered that during the period of suspension, Shri ____________________ will keep the undersigned informed of his address and he will not leave the headquarters without obtaining the prior permission. He will be entitled to receive payment of subsistence allowance in terms of Regulation 14 of XYZ Bank Officer Employees’ (Discipline & Appeal) Regulations, 1977.
Name and designation of the Competent Authority
Copy to :
1. The official placed under suspension.
2. The Establishment Section for payment of subsistence allowance in terms of Regulation 14 of XYZ Bank Officer Employees’ (Discipline & Appeal) Regulations, 1977.
3. The Disciplinary Authority.
4. The HRD Division, Head Office along with brief details of the circumstances for which the official has been placed under suspension.
5. 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 / purging of evidence.
In my case standard format has not been used and signing authority did not say "I consider that " and did not certify that he is competent authority, however at the end order says “This carries approval of competent authority.”
I want to know What is the status of order in the eye of laws. if it is invalid / illegal What remedies I have.
Can I get office copy mentioned at S.No. 5 above. if yes please guide how.
Any other guidance in the matter.
Asked 3 years ago in Civil Law from delhi, Delhi
Such orders are for convenience of administration and to have uniform policy but are to be customized as per individual case.You deserve to get copy of charge sheet if there are charges against you.
Advocate, New Delhi
your order for suspension would be valid as long as reasons for suspension from service are mentioned . the order of suspension need not be on standard format . the format is for guidance of all branches of bank . the order for suspension has to be signed by competent authority . you should contact a local service lawyer in delhi . you can ask bank to furnish you office copy as mentioned in serial no 5 it is for the bank to decide whether to comply with your requests or not .
Any order for suspension, so long as the order itself is valid and bears the signature of the suspending authority, cannot be faulted on the ground that the same has not been issued in consonance with the standard format prescribed by the rules. No court of law would trash a suspension order merely on the ground that it has not been issued in accordance with the standard format. You can make an application to the bank to furnish a certified office copy to you, albeit the bank may or may not accede to your request. If you intend to challenge the suspension order then you may contact a local lawyer and solicit his advice.
The only flaw seems to be that the order has been passed by an authority subordinate to the disciplinary authority.The power to act as a disciplinary authority cannot be sub-delegated on the maxim "delegatus non potest delegare". Usually order of suspension are not interfered lightly and the delinquent employee subsequently can challenge the disciplinary proceeding initiated on the order.
Advocate, New Delhi
The order is valid and binding; you will be communicated with a copy of the punishment order which would be sufficient; there is no need to obtain another copy of 'the office copy' since the same order shall be circulated in your office. You may need to approach the competent Authority for challenging the Order within stipulated time period. You may consult appropriate Lawyer to seek support in this issue.