CANARA BANK OFFICER EMPLOYEES’ (DISCIPLINE AND APPEAL)

REGULATIONS, 1976

In exercise of the powers conferred by section 19 of the Banking Companies

(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), the Board of
Directors of Canara Bank in consultation with the Reserve Bank and with the
pervious sanction of the Central Government, hereby makes the following
regulations, namely:

1. SHORT TITLE AND COMMENCEMENT

(i) These Regulations may be called Canara Bank Officer Employees’

(Discipline and Appeal) Regulations, 1976

(ii) They shall come into force on 1st November, 1976.

2. APPLICATION

These Regulations shall apply to all officer employees of the bank but shall not
apply to-

(i) the Chairman of the bank;

(ii) the Managing Director:

(iii) any whole-time Director, if any;

(iv) those who are in casual employment or paid from contingencies;

(v) the Award staff; and

(vi) the officers on contract.

3. DEFINITIONS

In these regulations, unless the context otherwise requires-

(a) “Act” means the Banking Companies (Acquisition and Transfer of

Undertakings) Act, 1970 (5 of 1970).

(b) “Appellate Authority” means the authority specified in the schedule to

dispose of appeals.

(c) “Award staff” means the persons covered by the “Award” as defined
in the Industrial Disputes (Banking Companies) Decision Act, 1955
(41 of 1955);

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(d) “Bank” means Canara Bank;

(e) “Board” means the Board of Directors of the Bank;

(f) “Competent Authority” means the Authority specified by the Board

for the purpose of these regulations;

(g) “Disciplinary Authority” means the authority specified in the schedule

which is competent to impose on an officer employee any of the
penalties specified in regulation 4;

(h) “Government” means the Central Government;

(i) “Managing Director” means the Managing Director of the Bank;

(j) “Officer employee” means a person who holds a supervisory,

administrative or managerial post in the Bank or any other person
who has been appointed and is functioning as an officer of the bank
by whatever designations called and includes a person whose
services are temporarily placed at the disposal of Central
Government or a State Government or any other Government
undertaking or any other public sector bank or the Reserve Bank of
India or any other organisation, but shall not include casual work
charged or contingent staff or the award staff;

(k) Public Financial Institutions” means:

(i) the Industrial Credit and Investment Corporation of India

Limited, a company owned and registered under the Companies
Act, 1956 (1 of 1956);

(ii) the Industrial Finance Corporation of India, established under

section 3 of the Industrial Finance Corporation Act, 1948 (15 of
1948);

(iii) the Industrial Development Bank of India, established under

section 3 of the Industrial Development Bank of India Act, 1964
(18 of 1964);

(iv) the Life Insurance Corporation of India, established under

section 3 of the Life Insurance Corporation Act, 1956 (31 of
1956);

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 (v) the Unit Trust of India, established under section 3 of the
Unit Trust of India Act, 1963 (52 of 1963):

(vi) any other financial institution which is declared by the Central

Government by notification to be a public financial institution;

(l) “Public Sector Bank” means –

(i) A corresponding new Bank specified in the First Schedule to the

Act;

(ii) A corresponding new Bank specified in the First Schedule to the

Banking Companies (A & T of Undertaking) Act, 1980 (40 of
1980).1

(iii) The State Bank of India constituted under the State Bank of India
Act, 1955 (23 of 1955);

(iv) A subsidiary Bank constituted under the State Bank of India

(Subsidiary Banks) Act, 1959 (38 of 1959); and

(v) Any other bank which the Central Govt., may determine to be a
public sector Bank for the purpose of these Regulations having
regard to its manner of incorporation;

(m) “Public servant” means a person as defined as public servant in

section 21 of the Indian Penal Code (45 of 1860);

(n) “Reviewing Authority” means the authority specified in the

Schedule;

(o) “Schedule” means the Schedule appended to these regulations.

4. PENALTIES:

The following are the penalties, which may be imposed on an officer employee,
for acts of misconduct or for any other good and/or sufficient reasons.

MINOR PENALTIES:

(a) Censure;

(b) Withholding of increments of pay with or without cumulative effect;

(c) Withholding of promotion;

1
Inserted vide Amendment published in the Gazzettee dated 19.03.1988 w.e.f. 10.10.1985

3
 (d) Recovery from pay or such other amount as may be due to him of the
whole or part of any pecuniary loss caused to the Bank by negligence or
breach of orders;

(e) Reduction to a lower stage in time scale of pay for a period not exceeding
3 years, without cumulative effect and not adversely affecting the officer’s
pension.2

MAJOR PENALTIES3:

(f) Save as provided for in (e) above, reduction to a lower stage in the time
scale of pay for a specified period, with further directions as to whether or
not the officer will earn increments of pay during the period of such
reduction and whether on expiry of such period the reduction will or will
not have the effect of postponing the future increments of his pay;

(g) Reduction to a lower grade or post;

(h) Compulsory retirement;

(i) Removal from service, which shall not be a disqualification for future
employment;

(j) Dismissal, which shall ordinarily be a disqualification for future

employment.

Explanation: The following shall not amount to a penalty within the

meaning of this regulation namely:-

(i) withholding of one or more increments of an officer employee on

account of his failure to pass a prescribed departmental test or
examination in accordance with the terms of appointment to the post,
which he holds;

(ii) Stoppage of pay of an officer employee at the efficiency bar in a time

scale, on the ground of his unfitness to cross the bar;

(iii) non promotion, whether in an officiating capacity or otherwise of an

officer employee, to a higher grade or post for which he may be
eligible for consideration but for which he is found unsuitable after
consideration of his case;

2
Inserted w.e.f. 11.04.1998 vide Circular No.111/98 dated 20.05.98
3
Modified/Amended w.e.f. 11.04.98 vide Circular No.111/98 dated 20.05.98

4
 (iv) reversion to a lower grade or post, of an officer employee officiating
in a higher grade or post, on the ground that he is considered, after
trial to be unsuitable for such higher grade or post, or on
administrative grounds unconnected with his conduct;

(v) reversion to his previous grade or post, of an officer employee

appointed on probation to another grade or post, during or at the end
of the period of probation, in accordance with the terms of his
appointment or rules or orders governing such probation;

(vi) reversion of an officer employee to his parent organization in case he

had come on deputation;

(vii) termination of the service-

(a) of an officer employee appointed on probation, during or at the

end of the period of probation, in accordance with the terms of his
appointment, or the rules or orders governing such probation;

(b) of an officer employee appointed in a temporary capacity

otherwise than under a contract or agreement, on the expiration
or the period for which he was appointed, or earlier in accordance
with the terms of his appointment;

(c) of an officer employee appointed under a contract or agreement,

in accordance with the terms of such contract or agreement; and

(d) of an officer employee on abolition of post;

(viii) retirement of an officer employee on his attaining the age of

superannuation in accordance with the rules and orders governing
such superannuation;

(ix) termination of employment of a permanent officer employee by giving

3 month’s notice or on payment of 3 months’ pay and allowances in
lieu of notice;

(x) termination of employment of an officer employee on medical

grounds, if he is declared unfit to continue in bank’s service by the
bank’s medical officer.

5. AUTHORITY TO INSTITUTE DISCIPLINARY PROCEEDINGS AND

IMPOSE PENALTIES

(1) The Managing Director or any other authority empowered by him by

general or special order may institute or direct the Disciplinary

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 Authority to institute disciplinary proceedings against an officer
employee of the bank.

(2) The disciplinary authority may himself institute disciplinary

proceedings.

(3) The disciplinary authority or any authority higher than it, may impose
any of the penalties specified in regulation 4 on any officer
employee.

6. PROCEDURE FOR IMPOSING MAJOR PENALTIES:

1. No order imposing any of the major penalties specified in clauses (f),

(g), (h), (i) and (j), of regulation 4 shall be made except after an enquiry
is held in accordance with this Regulation.4

2. Whenever the Disciplinary Authority is of the opinion that there are

grounds for inquiring into the truth of any imputation of misconduct or
misbehavior against an officer employee, it may itself enquire into, or
appoint any other person who is, or has been a public servant
(hereinafter referred to as the inquiring authority) to inquire into the
truth thereof.5

Explanation: When the Disciplinary Authority itself holds the inquiry any
reference in sub-regulation (8) to sub regulation (21) to the inquiring
authority shall be construed as a reference to Disciplinary Authority.

3. Where it is proposed to hold an inquiry, the Disciplinary Authority

shall, frame definite and distinct charges on the basis of the
allegations against the officer employee and the articles of charge,
together with a Statement of the allegations (list of documents relied
on along with copy of such documents and list of witnesses along with
copy of Statement of witnesses, if any) on which they are based, shall
be communicated in writing to the officer employee, who shall be
required to submit, within such time as may be specified by the
Disciplinary Authority (not exceeding 15 days), or within such
extended time as may be granted by the said Authority, a written
statement of his defence.6

“Provided that wherever it is not possible to furnish the copies of

documents, Disciplinary Authority shall allow the officer employee
inspection of such documents within a time specified in this behalf”.

4
Amended w.e.f. 11.04.98 vide Circular 111/98 dated 20.05.98
5
Amended w.e.f. 10.02.2001 vide Circular 57/2001 dated 10.03.2001
6
Inserted w.e.f. 26.08.2000 vide Circular 182/2000 dated 13.09.2000

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 4. On receipt of the written statement of the officer employee, or if no
such statement is received within the time specified, an enquiry may
be held by the Disciplinary Authority itself, or if it considers it necessary
so to do appoint under sub-regulation (2) an Inquiring Authority for the
purpose.

Provided that it may not be necessary to hold an inquiry in respect of

the articles of charge admitted by the officer employee in his written
statement but shall be necessary to record its findings on each such
charge.

5. The Disciplinary Authority shall, where it is not the inquiring authority,

forward to the inquiring authority:

(i) a copy of the articles of charges and statements of imputations of

misconduct or misbehaviour;

(ii) a copy of the written statement of defence, if any, submitted by the

officer employee;

(iii) a list of documents by which and list of witnesses by whom the

articles of charge are proposed to be substantiated;

(iv) a copy of statements of the witnesses, if any;

(v) evidence proving the delivery of articles of charge under sub-

regulation (3);

(v) a copy of the order appointing the ‘Presenting Officer’ in terms of

sub- regulation (6).

6. Where the Disciplinary Authority itself inquires or appoints an Inquiring

Authority for holding an inquiry, it may, by an order, appoint a public
servant to be known as the “Presenting Officer” to present on its behalf
the case in support of the articles of charge.

7. The officer employee may take the assistance of any other officer
employee but may not engage a legal practitioner for the purpose, unless
the Presenting Officer appointed by the Disciplinary Authority is a legal
practitioner, or the Disciplinary Authority having regard to the
circumstances of the case, so permits. (Officer employees shall not take
the assistance of any other officer employee who has two pending
disciplinary cases in hand, in which he is to give assistance).7

7
Amended w.e.f. 1985 vide Circular No.381/86 dated 10.10.1986

7
 8. (a) The inquiring Authority shall by notice in writing specify the day on
which the officer employee shall appear in person before the inquiring
authority.

(b) On the date fixed by the Inquiring Authority, the officer employee
shall appear before the inquiring Authority at the time, place and
date specified in the notice.

(c) The Inquiring Authority shall ask the officer employee whether he
pleads guilty or has any defence to make and if he pleads guilty to
any of the articles of charge, the lnquiring Authority shall record the
plea, sign the record and obtain the signature of the officer employee
concerned thereon.

(d) The inquiring Authority shall return a finding of guilt in respect of

those articles of charge to which the officer employee concerned
pleads guilty.

9. If the officer employee does not plead guilty, the inquiring Authority shall
adjourn the case to a later date not exceeding 30 days or within such
extended time as may be granted by the lnquiring Authority.

10. The Inquiring Authority while adjourning the case as in sub-regulation (9),
shall also record by an order that the Officer employee may for the
purpose of preparing defence- 8

(i) Complete inspection of the documents as in the list furnished to him

immediately and in any case not exceeding 5 days from the date of
such order if he had not done so earlier as provided for in the
proviso to sub regulation (3);

(ii) submit a list of documents and witnesses that he wants for the
inquiry;

(iii) give a notice within ten days of the order or within such further time
not exceeding ten days as the Inquiring Authority may allow for the
discovery or production of the documents referred to in item (ii).

NOTE: The relevancy of the documents and the examination of the

witnesses referred to in item (ii) shall be given by the officer employee
concerned.

11. The Inquiring Authority shall, on receipt of the notice for the discovery or
production of the documents, forward the same or copies thereof to the
authority in whose custody or possession the documents are kept with a
8
Amended w.e.f. 26.08.2000 vide Circular No.182/2000 dated 13.09.2000

8
 requisition for the production of the documents on such date as may be
specified.

12. On the receipt of the requisition under sub-regulation (11), the authority
having the custody or possession of requisitioned documents, shall
arrange to produce the same before the Inquiring Authority on the date,
place and time specified in the requisition:

Provided that the authority having the custody or possession of the

requisitioned documents may claim privilege if the production of such
documents will be against the public interest or the interest of the Bank.
In that event, it shall inform the Inquiring Authority accordingly.

13. On the date fixed for the inquiry, the oral and documentary evidence by
which the articles of charge are proposed to be proved shall be
produced by or on behalf of the Disciplinary Authority. The witnesses
produced by the Presenting Officer shall be examined by the
Presenting Officer and may be cross-examined by or on behalf of the
officer employee. The Presenting Officer shall be entitled to re-examine
his witnesses on any point on which they have been cross-examined,
but not on a new matter, without the leave of the Inquiring Authority. The
Inquiring Authority may also put such questions to the witnesses, as it
thinks fit.

14. Before the close of the case, in support of the charges, the Inquiring
Authority may, in its discretion, allow the Presenting Officer to produce
evidence not included in the charge sheet or may itself call for new
evidence or recall or re-examine any witness. In such case the officer
employee shall be given opportunity to inspect the documentary
evidence before it is taken on record, or to cross-examine witness, who
has been so summoned. The lnquiring Authority may also allow the
officer employee to produce new evidence, if it is of opinion that the
production of such evidence is necessary in the interests of justice.

15. When the case in support of the charges is closed, the officer employee
may be required to state his defence, orally or in writing, as he may
prefer. If the defence is made orally, it shall be recorded and the officer
employee shall be required to sign the record. In either case a copy of
the statement of defence shall be given to the Presenting Officer, if any,
appointed.

16. The evidence on behalf of the officer employee shall then be produced.
The officer employee may examine himself in his own behalf, if he so
prefers, the witnesses produced by the officer employee shall then be
examined by the officer employee and may be cross-examined by the
Presenting Officer. The officer employee shall be entitled to re-examine

9
 any of his witnesses on any points on which they have been cross-
examined, but not any new matter without the leave of the lnquiring
Authority.

17. The Inquiring Authority may, after the officer employee closes his
evidence, and shall, if the officer employee has not got himself
examined, generally question him on the circumstances appearing
against him in the evidence for the purpose of enabling the officer
employee to explain any circumstances appearing in the evidence
against him.

18. The Inquiring Authority may, after the completion of the production of
evidence, hear the Presenting Officer, if any, appointed and the officer
employee or permit them to file written briefs of their respective cases
within -15- days of the date of completion of the production of evidence,
if they so desire.9

19. If the officer employee does not submit the written statement of defence
referred to in sub-regulation (3) on or before the date specified for the
purpose or does not appear in person, or through the assisting officer or
otherwise fails or refuses to comply with any of the provisions of these
regulations, the Inquiring Authority may hold the inquiry ex-Parte.

20. Whenever any Inquiring Authority, after having heard and recorded the
whole or any part of the evidence in an inquiry ceases to exercise
jurisdiction therein, and is succeeded by another Inquiring Authority
which has, and which exercises, such jurisdiction, the Inquiring Authority
so succeeding may act on the evidence so recorded by its predecessor,
or partly recorded by its predecessor and partly recorded by itself:

Provided that if the succeeding Inquiring Authority is of the opinion that

further examination of any of the witnesses evidence whose evidence
has already been recorded is necessary in the interests of justice, it may
recall, examine, cross examine and re-examine any such witnesses as
herein before provided.

21. (i) On the conclusion of the inquiry the Inquiring Authority shall prepare a
report which shall contain the following:

(a) a gist of the article of charge and the statement of the

imputations of misconduct or misbehavior;

(b) a gist of the defence of the officer employee in respect of each

article of charge;

9
Inserted w.e.f. 10.10.1985 vide Circular No.380/86 dated 10.10.1986

10
 (c) an assessment of the evidence in respect of each article of
charge;

(d) the findings on each article of charge and the reasons therefor.

Explanation: If, in the opinion of the Inquiring Authority, the

proceedings of the inquiry establish any article of charge different from
the original article of charge, it may record its findings on such article of
charge:

Provided that the findings on such article of charge shall not be recorded
unless the officer employee has either admitted the facts on which such
article of charge is based or has had a reasonable opportunity of
defending himself against such article of charge.

(ii) The Inquiring Authority, where it is not itself the Disciplinary Authority,
shall forward to the Disciplinary Authority, the records of inquiry
which shall include-

(a) the report of the inquiry prepared by it under clause (i);

(b) the written statement of defence, if any, submitted by the

officer employee referred to in sub-regulation (15);

(c) the oral and documentary evidence produced in the course of

the inquiry;

(d) written briefs referred to in sub-regulation (18), if any; and

(e) the orders, if any, made by the Disciplinary Authority and the
Inquiring Authority in regard to the inquiry.

7. ACTION ON THE INQUIRY REPORT:

1. The Disciplinary Authority, if it is not itself the inquiring authority may,

for reasons to be recorded by it in writing, remit the case to the
Inquiring Authority for fresh or further inquiry and report and the
Inquiring Authority shall thereupon proceed to hold the further inquiry
according to the provisions of regulation 6 as far as may be.

2. The Disciplinary Authority, shall if it disagrees with the findings of the

Inquiring Authority on any article of charge, record its reasons for such
disagreement and record its own findings on such charge, if the
evidence on record is sufficient for the purpose.

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 3. If the Disciplinary Authority, having regard to its findings on all or any
of the articles of charge, is of the opinion that any of the penalties
specified in regulation 4 should be imposed on the officer employee it
shall, notwithstanding anything contained in regulation 8, make an
order imposing such penalty.

4. If the Disciplinary Authority having regard to its findings on all or any of

the articles of charge, is of the opinion that no penalty is called for, it
may pass an order exonerating the officer employee concerned.

8 PROCEDURE FOR IMPOSING MINOR PENALTIES:

1. Where it is proposed to impose any of the minor penalties specified in

clauses (a) to (e) of Regulation 4, the officer employee concerned shall
be informed in writing of the imputations of lapses against him and
given an opportunity to submit his written statement of defence within a
specified period not exceeding 15 days or such extended period as
may be granted by the Disciplinary Authority and the defence
statement, if any, submitted by the officer employee shall be taken into
consideration by the Disciplinary Authority before passing orders. 10

2. Where, however, the Disciplinary Authority is satisfied that an enquiry is

necessary, it shall follow the procedure for imposing a major penalty as
laid down in regulation 6.

3. The record of the proceedings in such cases shall include-

I. a copy of the statement of imputations of lapses furnished to the

officer employee;

II. the defence statement, if any, of the officer employee; and

III. the orders of the Disciplinary Authority together with the reasons
therefor.

9. COMMUNICATION OF ORDERS:

Orders made by the Disciplinary Authority under regulation 7 or regulation 8

shall be communicated to the officer employee concerned, who shall also be
supplied with a copy of the report of inquiry, if any.

10. COMMON PROCEEDINGS

Where two or more officer employees are concerned in a case, the authority
competent to impose a major penalty on all such officer employees may make
10
Amended w.e.f. 11.04.1998 vide Circular No.111/98 dated 20.05.1998

12
an order directing that disciplinary proceedings against all of them may be taken
in a common proceeding.

11. SPECIAL PROCEDURE IN CERTAIN CASES

Notwithstanding anything contained in regulation 6 or in regulation 7 or in

regulation 8 the Disciplinary Authority may impose any of the penalties specified
in regulation 4 if the officer employee has been convicted on a criminal charge, or
on the strength of facts on conclusions arrived at by a judicial trial.

(Provided that the Officer Employee may be given an opportunity of making a

representation on the penalty proposed to be imposed before any order is
made).11

12. SUSPENSION

1. An officer employee may be placed under suspension by the competent

authority-

(a) Where a disciplinary proceeding against him is contemplated or is

pending; or

(b) Where a case against him in respect of any criminal offence is under
investigation, inquiry or trial.

2. An officer employee shall be deemed to have been placed under

suspension by an order of the competent authority-

(a) with effect from the date of his detention, if he is detained in

custody, whether on a criminal charge or otherwise, for a period
exceeding forty-eight hours;

(b) with effect from the date of conviction, if in the event of a conviction
for an offence, he is sentenced to a term of imprisonment
exceeding forty-eight hours and is not forthwith dismissed or
removed or compulsorily retired consequent to such conviction.

Explanation: The period of forty-eight hours referred to in clause (b) of

this sub-regulation shall be computed from the commencement of the
imprisonment after the conviction and for this purpose, intermittent
period of imprisonment, if any, shall be taken into account.

3. Where a penalty of dismissal, removal or compulsory retirement from

service imposed upon an officer employee under suspension is set aside
in appeal or on review under these regulations and the case is remitted
11
Amended w.e.f. 10.12.1988 vide Circular No.17/89 dated 17.01.1989

13
 for further inquiry or action or with any directions, the order of his
suspension shall be deemed to have continued in force on and from the
date of the original order of dismissal, removal or compulsory retirements
and shall remain in force until further orders.

4. Where a penalty of dismissal, removal or compulsory retirement from

service imposed upon an officer employee under suspension is set
aside or declared or rendered void in consequence of or by a decision of
a court of law, and the Disciplinary Authority, on consideration of the
circumstances of the case, decides to hold further inquiry against him
on the allegations on which the penalty of dismissal, removal or
compulsory retirement was originally imposed, the officer employee shall
be deemed to have been placed under suspension by the competent
authority from the date of the original order of dismissal, removal or
compulsory retirement and shall continue to remain under suspension
until further orders.

5. (a) An order of suspension may or deemed to have been made under this
regulation shall continue to remain in force until it is modified or
revoked by the authority competent to do so.

(b) An order of suspension made or deemed to have been made under

this regulation may at any time be modified or revoked by the
authority, which made or is deemed to have made the order.

13. LEAVE DURING SUSPENSION:

No leave shall be granted to an officer employee under suspension.

14. SUBSISTENCE ALLOWANCE DURING SUSPENSION:

1. An officer employee who is placed under suspension shall, during the

period of such suspension and subject to sub-regulation (a) and (b)
entitled to receive payment from the bank by way of subsistence
allowance at the following rate, namely: -

a) For the period of suspension, half of the basic pay which the officer
employee was receiving on the date prior to the date of suspension
irrespective of the enquiry.

b) Allowances: For the entire period of suspension, dearness

allowance and other allowances excepting conveyance allowance,
entertainment allowance and special allowance will be calculated
on the reduced pay as specified in Clause (a) and at the prevailing
rates or at rates applicable to similar category of officers.

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 However, allowances like CCA, HRA, Split Duty Allowance, Half
Yearly Closing Allowance not linked to basic pay will be paid at the
usual rates.

2. During the period of suspension, an officer employee shall not be entitled

to occupation of a rent-free house or free use of the bank’s car or receipt
of conveyance or entertainment allowance or special allowance.

3. No officer employee of the bank shall be entitled to receive payment of

subsistence allowance unless he furnishes a certificate that he is not
engaged in any other employment, business, profession or vocation.

4. If, during the period of suspension an officer employee retires by reason of

his attaining the age of superannuation, no subsistence allowances shall
be paid to him from the date of his retirement.

15. PAY, ALLOWANCE AND TREATMENT OF SERVICE ON TERMINATION

OF SUSPENSION:

1. Where the competent authority holds that the employee has been fully
exonerated or that the suspension was unjustifiable, the officer employee
concerned shall be granted the full pay to which he would have been
entitled, had he not been suspended, together with any allowance of
which he was in receipt immediately prior to his suspension, or may have
been sanctioned subsequently and made applicable to all officer
employees.

2. In all cases other than those referred to in sub-regulation (1), the officer
employee shall be granted such proportion of pay and allowances as the
Competent Authority may direct:

Provided that the payment of allowance under this sub regulation shall be
subject to all other conditions to which such allowances are admissible:

Provided further that the pay and allowances granted under this sub-
regulation shall not be less than the subsistence and other allowances
admissible under Regulation 14.

3. (a) In a case falling under sub-regulation (1), the period of absence from
duty shall, for all purposes, be treated as a period spent on duty;

(b) In a case falling under sub-regulation (2) the period of absence from
duty shall not be treated as a period spent on duty unless the
Competent Authority specifically directs, for reasons to be recorded in
writing, that it shall be so treated for any specific purpose.

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16. EMPLOYEES ON DEPUTATION FROM THE CENTRAL GOVERNMENT,
STATE GOVERNMENTS, ETC.

1. Where an order of suspension is made or disciplinary proceeding is taken

against an officer employee, who is on deputation to the Bank from the
Central Government or the State Government, or Reserve Bank of India or
another Public Sector Bank or Banking Company or a Public Financial
Institution or an Institution wholly or substantially owned by the Reserve
Bank of India or a public financial institution or public undertaking, or a local
authority, the authority, lending his services (hereinafter referred to as the
“Lending Authority”) shall forthwith be informed of the circumstances leading
to the order of his suspension, or the commencement of the disciplinary
proceedings, as the case may be.

2. In the light of the findings in the disciplinary proceedings taken against the
officer employee-

(a) if the Disciplinary Authority is of the opinion that any of the minor
penalties should be imposed on him it may pass such orders on the
case, as it deems necessary after consultation with the Lending
Authority;

Provided that in the event of a difference of opinion between the

Disciplinary Authority and the Lending Authority, the services of the
employee shall be placed at the disposal of the Lending Authority.

(b) if the Disciplinary Authority is of the opinion that any of the major
penalties should be imposed on him, it should replace his services at
the disposal of the Lending Authority and transmit to it the proceedings
of the enquiry for such action as it deems necessary.

3. If the officer employee submits an appeal against an order imposing a minor

penalty on him under clause (a) of sub regulation (2), it will be disposed of
after consultation with the Lending Authority:

Provided that if there is a difference of opinion between the Appellate

Authority and the Lending Authority, the services of the officer employee shall
be placed at the disposal of the Lending Authority and the proceedings of the
case shall be transmitted to that authority for such action as it deems
necessary.

17. APPEAL12

1. An officer employee may prefer an appeal to the Appellate Authority within 45

days from the date of receipt of the order imposing upon him any of the
12
Substituted w.e.f. 23.10.2004 vide Circular No.329/2004 dated 23.12.2004

16
 penalties specified in Regulation 4 or against the order of suspension referred
to in regulation 12;

Provided that the Appellate authority may entertain the appeal after the expiry
of the said period, if it is satisfied that the appellant had sufficient cause for
not preferring the appeal in time.

2. The appeal shall be presented to the Appellate Authority with a copy being
forwarded by the appellant to the authority which made the order appealed
against. It shall contain all material statements and arguments on which the
appellant relies but shall not contain any disrespectful or improper language,
and shall be complete in itself.

3. The authority which made the order appealed against shall, on receipt of a
copy of the appeal from the appellant, forward the same with its comments
thereon together with the relevant records to the Appellate authority within a
period not exceeding forty five days from the date of receipt of the appeal.

4. The Appellate authority shall on receipt of the comments and records of the
case from the authority whose order is appealed against, consider whether
the order of suspension/ findings are justified or whether the penalty is
excessive or inadequate and pass appropriate orders. The Appellate authority
may pass an order confirming, enhancing, reducing or setting aside the
penalty/ suspension or remitting the case to the authority which imposed the
penalty or to any other authority with such directions as it may deem fit in the
circumstances of the case].

Provided that13:

(i) If the enhanced penalty, which the Appellate Authority proposed to

impose is a major penalty specified in clauses (f), (g), (h), (i), and (j) of
regulation 4 and an inquiry as provided in Regulation 6 has not already
been held in the case, the Appellate Authority shall direct that such an
enquiry be held in accordance with the provisions of regulation 6 and
thereafter consider the record of the inquiry and pass such orders as it
may deem proper:

(ii) if the Appellate Authority decides to enhance the punishment but an

enquiry has already been held as provided in Regulation 6, the
Appellate Authority shall give a show-cause notice to the officer
employee as to why the enhanced penalty should not be imposed
upon him and shall pass final order after taking into account the
representation, if any, submitted by the officer employee.

13
Amended w.e.f. 11.04.1998 vide Circular No.111/98 dated 20.05.1998

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5. The Appellate authority shall dispose of the appeal within a period of ninety
days from the date of its receipt from the appellant14:

Provided that the time limit specified in this regulation shall not apply to cases
having a vigilance angle and where major/minor penalty proceedings against
the officer employee have commenced on recommendations of the Police or
Central Bureau of Investigation or Central Vigilance Commission, as the case
may be, investigating the matter.

6. The cases lying pending over ninety days shall be reviewed periodically by
the Appellate authority and reasons for non-disposal of the cases shall be
recorded in writing.

18. REVIEW:

a) Notwithstanding anything contained in these regulations, the Reviewing

Authority may at any time within six months from the date of the final order,
either on his own motion or otherwise review the said order, when any new
material or evidence which could not be produced or was not available at the
time of passing the order under review and which has the effect of changing
the nature of the case, has come or has been brought to his notice and pass
such orders thereon as it may deem fit.15

Provided that –

(i) If any enhanced penalty, which the Reviewing Authority proposes to

impose, is a major penalty specified in clauses (f), (g), (h), (i), or (j) of
Regulation 4 and an enquiry as provided under Regulation 6 has not
already been held in the case, the Reviewing Authority shall direct that
such an enquiry be held in accordance with the provisions of regulation
6 and thereafter consider the record of the enquiry and pass such
orders as it may deem proper.

(ii) if the Reviewing Authority decides to enhance the punishment but an

enquiry has already been held in accordance with the provisions of
Regulation 6, the Reviewing Authority shall give show cause notice to
the officer employee as to why the enhanced penalty should not be
imposed upon him and shall pass an order after taking into account the
representation, if any, submitted by the officer employee.

19. CONSULTATION WITH CENTRAL VIGILANCE COMMISSION:

The Bank shall consult the Central Vigilance Commission wherever necessary, in
respect of all disciplinary cases having a vigilance angle.

14
Substituted w.e.f. 23.10.2004 vide Circular No.329/04 dated 23.12.2004
15
Amended vide Circular No.138/2001 dated 07.07.2001

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20. SERVICE OF ORDERS, NOTICES, ETC.

Every order, notice and other process made or issued under these regulations
shall be served in person on the officer employee concerned or communicated to
him by registered post at his last known address.

21. POWER TO RELAX TIME LIMIT AND TO CONDONE DELAY:

Save as otherwise expressly provided in these regulations, the authority

competent under these regulations to make any order may, for good and
sufficient reasons or if sufficient cause is shown, extend the time specified in
these regulations for anything required to be done under these regulations or
condone any delay.

22. REPEAL AND SAVING:

1. Every rule, regulation, bye-law or every provision in any agreement or a

resolution corresponding to any of the regulations herein contained and in
force immediately before the commencement of these regulations and
applicable to the officer employee is hereby repealed.

2. Notwithstanding such repeal-

(a) any order made or action taken under the provisions so repealed shall
be deemed to have been made or taken under the corresponding
provisions of these regulations:

(b) nothing in these regulations shall be construed as depriving any person

to whom these regulations apply, of any right of appeal, which had
accrued to him under any of the provisions so repealed;

(c) an appeal pending at the commencement of these regulations against

an order made before the commencement of these regulation shall be
considered and orders thereon shall be made, in accordance with these
regulations;

(d) any proceedings which have already been initiated but not yet been
completed at the commencement of these regulations shall be
continued and disposed as far as may be, in accordance with the
provisions of these regulations, as if such proceedings were
proceedings under these regulations.

Schedule to the Discipline & Appeal Regulations16

16
Amended w.e.f. 01.01.2015 vide Notification dated 10.06.2019 and further amended w.e.f.
31.03.2020 vide Notification dated 28.03.2020.

19
 Name of Disciplinary Appellate Authority Reviewing Authority
the Post Authority
Scale-I to III Assistant General Deputy General General Manager or Chief
Manager or In his Manager, General Manager, Head
absence Deputy Head Office or in his Office. In case General
General Manager absence General Manager or Chief General
Manager, Head Manager is functioning as
Office. Appellate Authority, the
Executive Director.
In cases where the
Deputy General
Manager is the
Disciplinary Authority,
the Appeal shall lie to
the General Manager
or Chief General
Manager, Head
Office.
Scale IV & V General Manager or Executive Director or Managing Director & CEO
Chief General in his absence or in case he is functioning
Manager Managing Director & as Appellate Authority, the
CEO. Committee of the Board.
Scale VI Executive Director or Managing Director & Board
in his absence CEO or in his
Managing Director & absence or in case he
CEO is functioning as DA,
Committee of the
Board
Scale VII & Managing Director & Committee of Board Board
Scale VIII CEO or in his
absence Executive
Director

“Note: Any higher Authority other than stipulated hereinabove can also act as the
Disciplinary Authority/Appellate Authority/Reviewing Authority. In case any higher
Authority has acted as Disciplinary Authority or the Appellate Authority in the
matter, the Appeal or Review in the said matter should be placed atleast to next
higher authority only”

Disclaimer: Though utmost care has been taken during the preparation of this
Document on "Canara Bank Officer Employees’ (Discipline and Appeal)
Regulations, 1976”, the Bank reserves the right to rectify inadvertent errors, if any.

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