AIBOC CIRCULAR NO. 57 DATED 01.06.2011

AIBOC issued its circular No. 57 dated 01.06.2011 on TA/DA payable to serving/retired employees of bank while attending departmental enquiries as defence representatives and defence witness. We are reproducing the same here for our readers.

CIRCULAR NO.57                                              01.06.2011

TO ALL AFFILIATES/MEMBERS:

TA/DA PAYABLE TO SERVING/RETIRED EMPLOYEES OF BANK: ATTENDING DEPARTMENTAL ENQUIRIES AS DEFENCE REPRESENTATIVES AND DEFENSE WITNESS

The IBA, in a recent communication issued to the Chief Executives of Public Sector Banks have advised that the Retired Employees attending enquiries as Defense Representatives or as Defence witness, are not eligible for TA/DA.  This is a measure, which is totally against the principles of natural justice.

Hence, we have addressed a letter to the Chairman, IBA to modify the communication issued by them and urging them to extend TA/DA to the Officer employees extending defence assistance to retired officer employees who are issued with charge sheet and also to officer employees attending enquiries as Defence witness.  We have stressed that this is a necessary ingredient of fairplay.

We have annexed a copy of the letter addressing to the IBA.

With greetings,

Sd/-

(G.D. NADAF)

GENERAL SECRETARY

No.1452/231/11                                     01.06.2011

To,

Shri M.D.Mallya,

Chairman,

The Indian Banks’ Association,

World Trade Centre Complex,

Centre 1, 6th Floor, Cuffe Parade,

MUMBAI – 400 005.

Dear Sir,

TA/DA PAYABLE TO SERVING/RETIRED EMPLOYEES OF BANK: ATTENDING DEPARTMENTAL ENQUIRIES AS DEFENSE REPRESENTATIVES AND DEFENSE WITNESS

We invite your kind attention to your Circular No.CIR/HR&IR/665/E-10/2010-11/2004 dated 25.04.2011, wherein you have advised the Public Sector Banks the provisions for reimbursement of TA/DA to serving employees/ex-employees (including retired, dismissed) of the Bank, in case they have to attend the proceedings before a Court of Law/Tribunal/Inquiring Authority, so as to depose as a prosecution or as a Management witness.

From the Annexure to the above Circular we observe that the TA/DA facility is denied to the retired employees if they are attending the enquiry as Defence Representatives or as Defense Witnesses. We wish to bring to your kind notice the fact that many retired officer employees who are facing disciplinary proceedings are being defended by retired officers as per the wish of the charge sheeted officer. Such of the retired officer employees extending defence assistance to the retired, charge-sheeted officer employees, were hitherto entitled for TA/DA commensurate with his grade/scale. Managements of different banks have been permitting this facility and the abrupt withdrawal of the facility to the retired officers acting as Defence Representatives, with specific permission from the competent authority, has come as a rude shock to us, as this tantamounts to denial of principles of natural justice.

Similarly, the facility is denied to employees attending the enquiries as Defence witness and these amounts to putting the interests of the charge sheeted officer to jeopardy, as he will be denied the opportunity to defend himself effectively. This is against the principles of natural justice.

Hence, we strongly feel that TA/DA facility should be paid to the retired officer employees who are extending defense assistance to charge-sheeted officers and also the officer employees attending as defence witnesses, to uphold the principles of natural justice and fair play.

Please keep us informed of your response in the matter.

Thanking you,

Yours faithfully,

Sd/-

(G.D. NADAF)

GENERAL SECRETARY