Court : Allahabad
Reported in : (2004)ILLJ103All
..... issue ought to have been considered on the basis of the nature and character or the extent of rights, if any, of an officer-employee to have, in a domestic disciplinary enquiry, the assistance of someone else to represent him for his defence in contesting the charges of misconduct ..... assuming for argument sake that officers or employees in a particular case may not be able to function independently, regulation 43 amply protects the interest of the employee or the officer and the said employee or the officer can seek assistance of the legal practitioner in case where he is able to demonstrate that the defence representative from the same organisation will not be able to function independently or there are any other good reasons ..... in incorporating the provision of grant of special casual leave to an officer or employee for purpose of defending an officer or employee in an enquiry the regulation makers were aware of such event and contingencies in the ..... regulation 43 contains a restriction in engagement of a legal practitioner which provides that for the purpose of enquiry, the officer or employee shall not engage legal practitioner without prior permission of the competent authority. ..... also do not specifically contemplate representation by any other officer or employee of the same bank but reference to such fact has been made in regulation 62 which (sic) provides that an officer or employee may be granted special casual leave for defending another officer or employee in an enquiry. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)2UPLBEC1267
..... issue ought to have been considered on the basis of the nature and character of the extent of the rights, if any, of an officer-employee to have, in a domestic disciplinary' enquiry, the assistance of someone else to represent him for his defence in contesting the charges of misconduct ..... assuming for argument sake that officers or employees in a particular case may not be able to function independently, regulation 43 amply protect the interest of the employee or the officer and the said employee or the officer can seek assistance of the legal practitioner in case where he is able to demonstrate that the defence representative from the same organisation will not be able to function independently or there are any other good reason ..... in incorporating the provision of grant of special casual leave to an officer or employee for purpose of defending an officer or employee in an enquiry the regulation makers were aware of such event and contingencies in the ..... regulation 43 contains a restriction in engagement of a legal practitioner which provides that for the purpose of enquiry, the officer or employee shall not engage legal practitioner without prior permissions of the competent authority. ..... regulation also do not specifically contemplate representation by any other officer or employee of the same bank but reference of such fact has been made in regulation 62 provides that an officer or employee may be granted special casual leave for defending another officer or employee is an enquiry. .....
Tag this Judgment!Court : Mumbai
Reported in : [1982]52CompCas1(Bom); 1981MhLJ61
..... strenuously submitted that a harmonious reading of all the clauses contained therein must lead to the only conclusion that those will apply to only to an officer or employee of the company whose capacity as such continues to exist and would not apply to a past officer or ex-employee and he has also submitted that the legislative intent is reflected in the deliberate employment of certain terminologies not only in this provisions but also in ..... to embrace in the clutches of the said provision not only an officer or employee but also a past officer of an ex-employee, the legislature did not hesitate to clarify that position in that provision itself and, therefore, contends the learned counsel, that by virtue of this contrast, it becomes manifest that the non-employment of the words 'ex or past officer or past employee or the company', would make it clear that this provision would ..... crops up for consideration is whether the said provisions of the act would embrace a situation as in the instant case vis-a-vis an officer or an employee of the company who is out of employment at the material time though he may have obtained possession during the course of his ..... (2) in its entirety to understand this proposition, which reads as under :'(2) the court trying the offence may also order such officer of employee to deliver up or refund, within a time to be fixed by the court and such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR155; (1983)85BOMLR203; [1984]56CompCas329(Bom); [1984]150ITR12a(Bom); 1983MhLJ529
..... sub-section (2) of the said section further lays down that the court trying the offence may also order such officer or employee to deliver up or refund within the time to be fixed by the court, any such property wrongfully obtained or wrongly withheld or knowingly misapplied, or in default to suffers imprisonment for a term which may extend to two ..... sub-section (2) of the said section further directs the court trying the offence to pass and order directing such officer or employee to deliver up or refund, within the time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly ..... although there is an order of eviction from the property within the time to be fixed by the court and an officer or employee may not by the order of the court, in such eventualitythe court can pass an order of imprisonment for a term of two ..... is the wrongful withholding of the property of a company by an officer or employee by an officer or employee of the company. ..... the section lays down that if any officer or employee of a company wrongfully obtains possession, wrongfully withholds, it or knowingly apples it to purposes other than those expressed or directed in the articles and authorised by the said act, such a person shall, on the complaint of the company or any creditor ..... an officer or employee of a company may not vacate the premises as directed by the court and may undergo imprisonment for a period of two years, allowing his family members to enjoy the .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)MhLj218; [2003]41SCL27(Bom)
..... sections (a) and (b) are separated by the word 'or' it is clear that two contingencies are covered by section 630, namely officer or employee of a company wrongfully obtaining possession of any property of a company or secondly having such property in his possession wrongfully ..... as under :-- 'section 630 of the act which makes the wrongful withholding of any property of a company by an officer or employee of the company a penal offence, is typical of the economy of language which is characteristic of the draughtsman of ..... section 630 of the act which makes the wrongful withholding of any property of a company by an officer or employee of the company a penal offence, is typical of the economy of language which is characteristic of ..... in amritlal chum case obviously fell into an error in seeking to curtail the ambit of section 630(1)(b) by giving a restrictive meaning to the term 'officer or employee' which must take its colour from the context; in which it appears ..... . (2) the court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for a term which may ..... . it would be noticed that clause (b) also makes it an offence if any officer or employee of a company having any property of the company in his possession knowingly applies it to purposes other than those expressed or directed in the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR86; 1995(1)KarLJ468; (1996)ILLJ210Kant
..... on behalf of the opposite party, it has been contended that the petitioner had been provided with defence assistance who was an officer/employee of the bank and that the delinquent officer had in course of enquiry submitted that during preliminary enquiry proceedings, he will defend himself without seeking assistance of any other officer or employee and however, he also submitted that he would take up the matter with the disciplinary authorities for permitting him to defend his case ..... regulation-12, which had been referred to by the counsel for the bank, particularly clauses-(1) & (2) thereof reads as under ;-'12(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 ..... the learned counsel for the bank submitted as mentioned earlier that the order dated 3.12.76 was validated and could be deemed to have been made under the corresponding provisions of syndicate bank officers' employees' (conduct and appeal) regulations, 1976, which came into operation on 1.1.1977 and he made reference to the provisions of regulation-22(2)(a) of 1976. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC943; (1999)IILLJ1093All; (1999)1UPLBEC27
..... of this sub-regulation may be waived, if the facts on the basis of which action is to be taken have been established in a court of law or court martial, or where the officer or employee has absconded or where it is for any other reason impracticable to communicate with him or where there is difficulty in observing them and the requirements can be waived without injustice to him. ..... or (f) of sub-regulation (1) except by an order in writing signed by the chairman and no such order shall be passed without the charge being formulated in writing and given to the said officer or employee so that he shall have reasonable opportunity to answer them in writing or in person, as he prefers and in the latter case his defence shall be taken down in writing and read to ..... the bank : (a) to retire or dismiss anofficer or employeewithout notice or pay inlieu thereof inaccordance with theprovisions ofregulations 11 and 30 ;and (b) to terminate the service of an officer or employee without notice or pay in lieu thereof on his being certified by a medical practitioner recognised by the bank, to be permanently incapacitated for further continuous service in the bank.' ..... in fact, the expression 'shall be confirmed, if in the opinion of the appointing authority, the officer or employee has satisfactorily completed his probation' is intended to provide security in service and it cannot be repudiated that security of service in public employment is a facet of fundamental rights guaranteed by articles .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)2LLJ431All
..... nikunja bihari patnaik : (1996)iillj379sc the supreme court observed:.if each officer/employee is allowed to act beyond his authority, the discipline of the organisation/bank will disappear; the functioning of the bank would become chaotic and ..... conduct and discipline are inseparable for the functioning of every officer, manager or employee of the bank and every officer or employee of the bank must take all possible steps to protect the interest of the bank and do nothing which is unbecoming of a bank officer/employee.22. ..... the aforesaid decisions of the supreme court clearly emphasise that for a bank to function properly and effectively, it is imperative for its officers and employees to observe the prescribed norms and discipline and any conduct that damages, destroys, defeats or tends to defeat the said purposes should be meted out with disciplinary ..... conduct and discipline are inseparable from the functioning of every officer/employee of the bank. ..... officer/employee of the bank is required to take all possible steps to protect the interests of the bank and to discharge his duties with utmost integrity, honesty, devotion and diligence and to do nothing which is unbecoming of a bank officer. ..... salve's above submission is well-merited acceptance and we see much force in the said submission.the bank manager/officer and employees of any bank, nationalsed/or non-nationalised, are expected to act and discharge their functions in accordance with the rules and regulations of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC649; 2001ALLMR(Cri)985(SC); 2001(1)ALT(Cri)294; [2001]104CompCas424(SC); 2001CriLJ961; [2001(88)FLR962]; JT2001(2)SC36; (2001)ILLJ726SC; 2001(1)SCALE232; [2001]1SC
..... beneficient provision contained in section 630 no doubt penal, has been purposely enacted by the legislature with the object of providing a summary procedure for retrieving the property of the company (a) where, an officer or employee of a company wrongfully obtains possession of property of the company, or (b) where having been placed in possession of any such property during the course of his employment, wrongfully withholds possession of it after the ..... creating penal liability embracing the case of an existing employee or an officer of the company and includes a past officer or a past employee of the company; ii) clause (b) is equally independent and distinct from clause (a) as regards penal consequences and its squarely applies to the cases of past employees or officers; iii) the entitlement of the officer or employee to the allotted property of the company is contingent upon the right and capacity of the officer of the employee by virtue of his employment to continue in possession ..... shipping corporation of india : (1988)iillj202sc holding that the expression 'officer or employee of a company' applies not only to existing officer or employee but also includes past officers or employees where such officer or employee; either (a) wrongfully obtains possession of any property, or (b) wrongfully ..... of the act which makes the wrongful withholding of any property of a company by an officer or employee of the company a penal offence, is typical of the economy of language which is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1987)89BOMLR450; (1987)3CompLJ57(SC); 1987(3)Crimes449(SC); [1989(58)FLR142]; JT1987(3)SC581; (1988)IILLJ202SC; 1987(2)SCALE544; (1987)4SCC361; [1988]1SCR168
..... the beneficent provision contained in section 630 no doubt penal, has been purposely enacted by the legislature with the object of providing a summary procedure for retrieving the property of the company (a) where an officer or employee of a company wrongfully obtains possession of property of the company, or (b) where having been placed in possession of any such property during the course of his employment, wrongfully withholds possession of it after the termination of his employment. ..... we accordingly uphold the view of the high court of bombay that the terms 'officer or employee' of a company applies not only to existing officers or employees but also to past officers or employees if such officer or employee either (a) wrongfully obtains possession of any property, or (b) having obtained such property during the course of his employment, withholds the same after the termination of his employment. ..... talent and have of necessity to purchase residential flats in multi-storied buildings in large cities and towns for the use of such officers and employees during the course of their employment, and the question is whether the provisions contained in sub-section (1) of section 630 which provide for the launching of a prosecution against an officer or employee of a company for wrongful possession of such property under clauses (a) and (b) of sub-section (1) of section 630 and for the recovery of such .....
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