Section 14 in National Housing Bank (Officers') Service Regulations, 1997
14. Termination of service.
(1)(a)Subject to sub-regulation (3) of Regulation 10, where the Bank is satisfied that the performance of an officer is unsatisfactory or inadequate or there is a bona fide suspicion about his integrity or his retention in the Bank's Service would be prejudicial to the interest of the Bank, and where it is not possible or expedient to proceed against him as per the disciplinary procedure, the Bank may terminate his service on giving him three months notice or emoluments in lieu thereof in accordance with the guidelines issued by the government from time to time.(b)Order of termination under this sub-regulation shall not be made unless such officer has been given a reasonable opportunity of making a representation to the Bank against the proposed order.(c)The decision to terminate the services of an officer employee under sub regulation (a) above will be taken only by the Chairman.(d)The officer employee shall be entitled to appeal against any order passed under sub regulation (a) above by preferring an appeal within one month to the Board of Directors of the Bank. If the appeal is allowed the order under sub regulation (a) shall stand cancelled.(e)Where an officer employee whose services have been terminated and who has been paid an amount of three months emoluments in lieu of notice and on appeal his termination is cancelled, the amount paid to him in lieu of notice shall be adjusted against the salary that he would have earned, had his services not been terminated and he shall continue in the banks employment on same terms and conditions as if the order of termination had not passed at all.(f)an officer employee whose services are terminated under sub regulation (a) above shall be paid gratuity, provident fund including employer's contribution and all other dues may be admissible to him as per rules notwithstanding the years of service rendered.(g)Nothing contained hereinabove will affect the Bank's right to retire an officer employee under Regulation 13(1)--(2)(a)An officer shall not leave or discontinue his service in the Bank without giving a notice in writing of a period of not less than 3 months to the competent authority. Provided that the Competent Authority, may at his discretion, reduce the period of 3 months or waive the requirement of notice.(b)In case no notice has been given by the concerned officer under clause (a) such officer shall be liable to pay to the Bank and the amount equal to his substantive pay for the period of notice required of him.(c)An officer who has attained the age of 50 years may voluntarily retire after giving to the Competent Authority three months' notice in writing.Provided that this regulation shall not apply to an officer who is on deputation abroad, unless, after having been transferred or having returned to India he has resumed the charge of the Post in India and served for a period of not less than one year.Provided further that this sub-regulation shall not apply to an officer who seeks retirement form, service for being absorbed permanently in an autonomous body or a public sector undertaking to which he is on deputation at the time of seeking voluntary retirement.(d)The competent authority may, if so requested by the officer retiring pursuant to sub-regulation (2)(c) waive the notice of voluntary retirement with respect to its full period or part thereof if the Competent Authority is satisfied that such waiver will not cause any administrative inconvenience.(3)(a)Notwithstanding anything to the contrary contained in the sub-regulation(2) an officer against whom disciplines proceedings are pending shall not leave/discontinue or resign form service in the Bank without the prior approval in writing of the Competent Authority and any notice of resignation given by such an officer before or during disciplinary proceedings shall not take effect unless it is accepted by the Competent Authority.(b)Disciplinary proceedings shall be deemed to be pending against an employee for the purpose of this regulation if has been placed under suspension or any notice has been issued to him to show cause why disciplinary proceeding should not be instituted against him and will be deemed to be pending until final orders are passed by the Competent Authority.(c)The officer against whom disciplinary proceedings have been initiated will cease to be in service on the date of superannuation but the disciplinary proceedings will continue as if he was in service until the proceedings are concluded and final order is passed in respect thereof. The concerned officer will not receive any pay and/or allowance after the date of superannuation. He will also not be entitled for the payment of retirement benefits till the proceedings are completed and final order is passed thereon except his own contributions to Provident Fund.
