AIBOC CIRCULAR NO. 19 DATED 25.04.2013

AIBOC issued its circular No. 19 dated 25^th April 2013 on TA/DA allowance payable to Retired Officers while attending departmental enquiries as Defence Representatives and Defence Witnesses. We are placing the same here for our readers.

TRAVELLING/DAILY ALLOWANCE PAYABLE TO RETIRED OFFICER EMPLOYEES OF BANKS ATTENDING DEPARTMENTAL ENQUIRIES AS DEFENCE REPRESENTATIVES AND DEFENCE WITNESSES

Many of our affiliates have brought to our notice during the recently held EC meeting at Chennai that, the retired Officer employees attending Departmental Enquiries as Defence Representatives or as Defence witnesses are being denied the TA/HA/DA facility. This is in contravention of the guidelines issued by the Central Vigilance Commission, to the Chief Vigilance Officers of Public Sector Banks. This has also put both the retired Officer employees appearing as Defence Representatives or as Defence witnesses to considerable hardship. Hence, we have addressed a letter to the Chief Vigilance Commissioner, New Delhi to restore their earlier instructions to the Public Sector Banks and pay TA/HA to the retired officer employees who appear as Defence Representatives or as Defence witnesses in the Departmental enquiries, so as to meet the ends of justice.

A copy of the letter addressed to the Chief Vigilance Commissioner annexed to this letter is self-explicit.

We will keep you posted of the further developments.

With greetings,

Sd/-

(D.S.RISHABADAS)

GENERAL SECRETARY

No. 1454/27/13                                                           Date: 10.04.2013

To,

The Chief Vigilance Commissioner,

Satarkata Bhavan, Block- ’A’

GPO Complex, INA

NEW DELHI – 110 023

Dear Sir,

TRAVELLING/DAILY ALLOWANCE TO RETIRED OFFICER EMPLOYEES OF BANKS ATTENDING DEPARTMENTAL ENQUIRIES AS DEFENCE REPRESENTATIVES AND DEFENCE WITNESSES

We draw your kind attention to the Circular issued by the IBA Vide their Circular No. CIR/HR/IR/665/E-10/2010-11/2004 dated 25.04.2011, wherein they have advised the Public Sector Banks, not to pay TA/DA to the retired Officer employees if they are attending the enquiry as Defence Representatives or as Defence witnesses. We wish to bring to your kind notice the fact that many retired Officers in the Banking Industry are facing disciplinary proceedings and are being defended by retired officer employees as per the wish of the chargesheeted officer employee. Such of the retired officer employees extending defence assistance to the retired, chargesheeted Officer, were hitherto entitled for TA/DA, commensurate with his/her grade/scale. By issuing the above circular the IBA has abruptly withdrawn the facility, putting the interests of retired, chargesheeted officers to jeopardy, which tantamounts to denial of the principles of natural justice.

In this connection we invite your kind attention to your guidelines issued to all the Chief Vigilance Officers of Public Sector Banks vide No.022/MSC/15 dated 10.02.2003, where it is clearly mentioned that the retired officer employees appearing before the Departmental inquiry as Defence Representatives or as Defence witnesses and also the private defence witnesses are entitled for TA/DA. These guidelines cannot be diluted by any authority. These instructions are also in conformity with the guidelines issued by the Ministry of Finance vide U.O.Note 3221-E-IV(B) 161 dated 20.11.1961 and OM No.F.5(15) F-IV (B)/68 dated 15.09.2009.

In this background, the guidelines issued by the IBA are arbitrary, unilateral and prejudicial to the interest of the retired, charge sheeted officer and amounts to denial of the principles of natural justice. Hence, we request for your kind indulgence and intervention in the matter and instruct IBA to withdraw their guidelines dated 25.04.2011 mentioned supra, and permit the retired officer employees to get reimbursement of TA/DA for attending the Departmental Proceedings either as defence representative or as defence witness. This will be upholding the principles of natural justice and meet the ends of justice.

We seek your early intervention in the matter, as it was reported by our affiliates in the recently held Executive Committee Meeting that many retired officer employees are being charge sheeted and the retired officer employees defending such officers are denied TA/DA facility; in gross violation of the principles of natural justice.

We request your kind and immediate intervention in the matter, so that ends of justice are met.

Thanking you,

Yours faithfully,

Sd/-

(D.S.RISHABADAS)

GENERAL SECRETARY