9911796707
TMI Blog2015 (4) TMI 1357X X X X Extracts X X X X X X X X Extracts X X X X ..... be arbitrary and unreasonable to subject an employee to an indefinite period of suspension over a criminal trial that the employee or the employer may not be able to control. The indefinite period of suspension in case of the petitioner must end with immediate effect. Accordingly, the appellate order impugned dated March 18, 2015 and the decision of the bank to continue the suspension of the petitioner are set aside and the petitioner is permitted to join such duties as the bank may assign to the petitioner by the beginning of May, 2015 - It will be open to the bank to transfer the petitioner to some other branch or assign such duties that may not involve any contentious matter. The petitioner should be communicated his next place of postin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me. Without going into the specifics of the complaint, it appears that the complainant was required to pay a bribe to the petitioner for the loan being sanctioned. The petitioner was arrested and subsequently enlarged on bail. The petitioner suffered the usual suspension following his arrest but the suspension was continued even after the petitioner was released on bail and attempted to join his duties. The bank insists that in terms of Rule 12 of the Allahabad Bank Officer Employees' (Discipline & Appeal) Regulations, 1976, the bank is entitled to suspend an officer when a case against him in respect of any criminal offence is under investigation, inquiry or trial. The petitioner had carried WP 5762 (W) of 2015, challenging his indefi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... morandum of Charges/Chargesheet is not served on the delinquent officer/employee; if the Memorandum of Charges/Chargesheet is served a reasoned order must be passed for the extension of the suspension." An order of suspension, pending the outcome of disciplinary or criminal proceedings, works against both the employee and the employer. The employer has to maintain the employee by paying him a subsistence allowance without obtaining any services in return; the employee does not get the usual pay that he would have been entitled to by not being allowed to work when he may be willing. It is in such light that judicial pronouncements now regard a period of suspension to be limited and not continued indefinitely till the criminal trial is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bank to continue the suspension of the petitioner are set aside and the petitioner is permitted to join such duties as the bank may assign to the petitioner by the beginning of May, 2015. It will be open to the bank to transfer the petitioner to some other branch or assign such duties that may not involve any contentious matter. The petitioner should be communicated his next place of posting within a period of a week from date. The petitioner will be entitled to the regular salary and emoluments from the day the petitioner resumes his duties. W.P. 7288 (W) of 2015 is allowed as above, but without any order as to costs. The bank and the investigating agency should ensure that the criminal trial is concluded as expeditiously as possibl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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