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Disciplinary Action against Workmen Staff and Procedure therefore : BIPARTITE SETTLEMENT DATED 10.04.2002

A person against whom disciplinary action is proposed or likely to be taken shall in the first instance be informed of the particulars of the charge "against him and he shall have' a proper opportunity to give his explanation as to such particulars. Final orders shall be passed after due consideration of all the relevant facts and circumstances. With this object in view, the following shall apply.

  1. By the expression "offence" shall be meant any offence involving moral turpitude for which an employee is liable to conviction and sentence under any provision of Law.

  2. (a) When in the opinion of the management an employee has committed an offence, unless he be otherwise prosecuted, the bank may take steps to prosecute him or get him prosecuted and in such a case he may also be suspended.

    (b) If he be convicted, he may be dismissed with effect from the date of his conviction or be given any, lesser form of punishment as mentioned in Clause 6 below.

    (c) If he be acquitted, it shall be open to the management to proceed against him under the provisions set out below in Clauses 11 and 12 infra relating to discharges. However, in the event of the management deciding after enquiry not to continue him in service, he shall be liable only for termination of service with three months pay and allowances in lieu of notice. And he shall be deemed to have been on duty during the period of suspension, if any, and shall be entitled to the full pay and allowances minus such subsistence allowance as he has drawn and to all other privileges for the period of suspension provided that if he be acquitted by being given the benefit of doubt he may be paid such portion of such pay and allowances as the management may deem proper and the period of his absence shall not be treated as a period spent on duty unless the management so directs.

    (d) If he prefers an appeal or revision application against his conviction and is acquitted, in case he had already been dealt with as above and he applies to the management for reconsideration of his case, the management shall review his case and may either reinstate him or proceed against him under the provisions set out below in Clauses 11 and 12 infra relating to discharge and the provision set out above as to pay, allowances and the period of suspension will apply the period up- to-date for which full pay and allowances have not been drawn being treated as one of suspension. In the event of the management deciding, after enquiry not to continue him in service, the employee shall be liable only for termination with three months pay and allowance in lieu of notice, as directed above.

  3. If after steps have been taken to prosecute an employee or to get him prosecuted, for an offence, he is not put on trial within a year of the commission of the offence, the management may then deal with him as if he had committed an act of "gross misconduct or of "minor misconduct" as defined below; provided that if the authority which was to start prosecution proceedings refuses to do so or comes to the conclusion that there is no case for prosecution it shall be open to the management to proceed against the employee under the provisions set out below in Clauses 11 and 12 infra relating to discharge, but he shall be deemed to have been on duty during the period of suspension, if any, and shall be entitled to the full wages and allowances and to all other privileges for such period. In the event of the management deciding, alter enquiry, not to continue him in service, he shall be liable only for termination with three months pay and allowances in lieu of notice as provided in Clause 3 above. If within the pendency of the proceedings thus instituted he is put on trial such proceedings shall be stayed pending the completion of the trial, after which the provisions mentioned in Clause 3 above shall apply.

  4. By the expression "gross misconduct" shall be meant any of the following acts and omissions on the part of an employee:

    (a) engaging in any trade or business outside the scope of his duties except with the written permission of the bank;

    (b) unauthorised disclosure of information regarding the affairs of the bank or any of its customers or any other person connected with the business of the bank which is confidential or the disclosure of which is likely to be prejudicial to the interests of the bank;

    (c) drunkenness or riotous or disorderly or indecent behavior on the premises of the bank;

    (d) willful damage or attempt to cause damage to the property of the bank or any of its customers;

    (e) willful insubordination or disobedience of any lawful and reasonable order of the management or of a superior;

    (f) habitual doing of any act which amounts to "minor misconduct" as defined below, habitual meaning a course of action taken or persisted in, notwithstanding that at least on three previous occasions censure or warnings have been administered or an adverse remark has been entered against him;

    (g) willful slowing down in performance of work;

    (h) gambling or betting on the premises of the bank

    (i) speculation in stocks, shares, securities or any commodity whether on his account or that of any other persons;

    (j) doing any act prejudicial to the interest of the bank or gross negligence or negligence involving or likely to involve the bank in serious loss;

    (k) giving or taking a bribe or illegal gratification from a customer or an employee of the bank;

    (l) abutment or instigation of any of the acts or omissions above mentioned.

    (m) Knowingly making a false statement in any document pertaining to or in connection with his employment in the bank.

    (n) Resorting to unfair practice of any nature whatsoever in any examination conducted by the Indian Institute of Bankers or by or on behalf of the bank and where the employee is caught in the act of resorting to such unfair practice and a report to that effect has been received by the bank from the concerned authority.

    (o) Resorting to unfair practice of any nature whatsoever in any examination conducted by the Indian Institute of Bankers or by or on behalf of the bank in cases not covered by the above Sub Clause(n) and where a report to that effect has been received by the bank from the concerned authority and the employee does not accept the charge.

    (p) Remaining unauthorisedly absent without intimation continuously for a period exceeding 30 days:

    (q) Misbehaviour towards customers arising out of bank's business.

    (r) Contesting election for parliament / legislative assembly / legislative council /local bodies / municipal corporation / panchayat, without explicit written permission of the bank.

    (s) Conviction by a criminal Court of Law for an offence involving moral turpitude.

    (t) indulging in any act of 'sexual harassment' of any woman at her work place.

    Note : Sexual harassment shall include such unwelcome sexually determined behaviour (whether directly or otherwise) as (a) physical contact and advances;
    (b) demand or request for sexual favours;
    (c) sexually co1oured remarks;
    (d) showing pomography; or
    (e) any other unwelcome physical verbal or non-verbal conduct of a sexual nature.

    (u) ( For State Bank of India ) the giving or taking or abetting the giving or taking of dowry or demanding directly or indirectly from the parents or guardians of a bride or bridegroom. as the case may be, any dowry.

    Explanation - For the purpose of sub-clause (u) the word 'dowry' has the same meaning as in the "Dowry Prohibition Act, 1961"

  5. An employee found guilty of gross misconduct may:

    (a) be dismissed without notice; or

    (b) be removed from service with superannuation benefits i.e. Pension and or Provident Fund and Gratuity as would be due otherwise under the Rules or Regulations prevailing at the relevant time and' without disqualification from future employment; or

    (c) be compulsorily retired with superannuation benefits i.e. Pension and/or Provident Fund and Gratuity as would be due otherwise under the Rules or Regulations prevailing at the relevant time and without disqualification from future employment; or











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