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Union of India - Section

Section 30 in Sarva Haryana Gramin Bank (Officers and Employees) Service Regulations, 2010

30. Officer or employee arrested for debt or on a criminal charge.

(1)An officer or employee who is arrested for debt or on a criminal charge or detained in pursuance of any process of law for the time being in force, may, if so directed by the Competent Authority, be treated as being or having been under suspension from the date of his arrest, and/or detention, as the case may be, up to such date or during such period as the Competent Authority may direct:Provided that in respect of the period in regard to which he is so treated, he shall be paid subsistence allowance as specified in regulation 46.
(2)Any payment made to an officer or employee under sub-regulation (1) shall be subject to adjustment of his pay and allowances which shall be made according to the circumstances of the case and in the light of the decision as to whether such period is to be accounted for as a period of duty or leave:Provided that full pay and allowances shall be admissible only if the officer or employee, -
(i)is treated as on duty during such period; and
(ii)is acquitted of all charges or satisfies the Competent Authority, in case of his release from detention or his detention being set aside by the Competent Court, that he had not been guilty of improper conduct resulting in his detention.
(3)
(a)An officer or employee shall be liable to dismissal or to any of the other penalties referred to in regulation 39 if he is committed to prison for debt or is convicted of an offence which in the opinion of the Competent Authority, either involves moral turpitude, or has a bearing on any of the affairs of the Bank or on the discharge by the officer or employee of his duties in the Bank, the opinion in this respect of the Competent Authority shall be conclusive and binding on the officer or employee;
(b)such dismissal or other penalty may be imposed as from the date of his committal to prison or conviction and nothing in regulation 39 shall apply to such imposition.
(4)Where an officer or employee has been dismissed in pursuance of sub-regulation (3) and the relative conviction is set aside by a higher court and the officer or employee is acquitted, he shall be reinstated in the service of the Bank.
(5)Where the absence of an officer or employee from duty is without leave or his overstay is due to his having been arrested for debt or on criminal charge or to his having been detained in pursuance of any law for the time being in force, the provisions of regulation 23 shall also apply and for the purpose of that regulation the officer or employee shall be treated as having absented himself without leave or as the case may be, overstayed otherwise than under circumstances beyond his control.