Modify Regulation 20 (3) (iii) of Bank Officers' Regulation, 1979
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A Public Sector Bank invokes Regulation 20 (3) (iii) Bank Officers' Service Regulation, 1979 against any officer who reaches superannuation and against whom some disciplinary or judicial proceedings are pending. The regulation says “You cease to be in service from the date of your superannuation and you will not get any pay or allowance; but the disciplinary proceedings would continue as if you are in service. You will not be paid any of your terminal benefits except your own contribution to P F.” It means that the officer is not allowed to retire and no terminal benefit except P F is paid to him. It happens in case of all such officers invariably. This regulation is similar in all PS Banks.
After invocation of the regulation, the banks sit on the inquiry proceedings for years together and do not take decisions whereas such proceedings are finished in a fixed time when the officer against whom the proceedings are initiated is in middle of his service and not reaching the superannuation.
On the other hand, other government departments, corporations, PSUs etc allow, such employees to retire pending disciplinary or judicial proceedings
The courts, when approached for seeking directions to the employer for payment of terminal benefits, allow such relief to retired employees, even terminated and compulsorily retired employees but not to such bank officers who are technically not retired.
Thus the bank officers are at a big disadvantage as compared to their counterparts in other departments, corporations, PSUs due to invocation of this draconian Regulation 20 (3) (iii) as the banks invariably invoke the regulation and officers are barred from getting the relief. This leads to violation of Article 14 of the Constitution of India by disallowing equal treatment to Bank officers which can be very well challenged in a High Court or the Supreme Court.
The lines/language included in the Regulation are wrong/misleading.because .
1. If the officer is not retired, why he is refunded his P F which is always done after retirement.
2. If he is not retired, why he is paid the pension which is always paid after retirement
3. If he is not retired, why he is not paid any pay or the subsistence allowance which is invariably paid if the officer is in service.
In view of the above, I request you to take up the matter with IBA for moderating the impugned Regulation
a) to make a provision to retire the officers even pending disciplinary or judicial proceedings as it is being done in other organizations. Or
b) get a time frame fixed for conclusion of proceedings so that the aggrieved officers are not harassed for years together.
The Bank Officers’ Service Regulations, 1979 is a subordinated or delegated legislation based on The Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970/80 and is not a true law or statute which can be got moderated by IBA/Banks itself.
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