Disciplinary Action: A case study of Rupali Bank Limited
A Brief History of Rupali Bank Limited
An over View of Rupali Bank Limited:
Rupali Bank Ltd. was constituted as a Nationalized Commercial Bank on March 26, 1972 with the merger of the then Muslim Commercial Bank Ltd., Australasia Bank Ltd. and Standard Bank Ltd .of erstwhile East Pakistan. The Bank emerged as Public Limited Company incorporated under the Companies Act, 1913 on December 14, 1986 after taking over and acquiring the Undertakings and Businesses of Rupali Bank Limited with all its assets, benefits, rights, powers, authorities, privileges, liabilities, borrowings and obligations. Rupali Bank worked as a nationalized commercial bank till December 13, 1986.
Present Capital Structure:
|Authorized Capital||:||Tk. 7000 million (US$ 102.94 million)|
|Paid up Capital||:||Tk. 1250 million (US$ 18.38million)|
Break up of paid up Capital:
|(a) Government shareholding||:||93.23%|
|(b) Private shareholding||:||6.77 %|
Organizational Structure of Rupali Bank Limited:
Rupali Bank Limited at a glance:
Rupali Bank was constituted as a Nationalized Commercial Bank on March 26, 1972 with the merger of the then Muslim Commercial Bank Limited. Australasia Bank Limited and Standard Bank Limited of erstwhile East Pakistan. The Bank emerged as a Public Limited Company incorporated under the Companies Act. 1913 on December 14, 1986, after taking over and acquiring the Undertakings and Businesses of Rupali Bank with all of its Assets, Liabilities, Benefits, Rights, Powers, Authorities, Privileges, Borrowings and Obligations of former Corporate Body.
The main features of the Bank for the last three years is reproduced below:
(in million Taka)
|Capital Surplus /(Deficit)||(1141.50)||(1154.50)||(2500.70)|
|Total Loan & Advances||44920.70||45709.50||47080.32|
|Ratio of Deposit and Advances||67.18%||67.38%||64.77%|
|Return on Investment (ROI)||5.56%||4.34%||6.16%|
|Return on Assets (ROA)||1.08%||0.33%||0.45%|
|Number of Employees||5008||4753||4430|
|Number of Shareholder||5023||5199||5388|
|Number of Branches||493||492||492|
|Earnings per ordinary share||15.09||7.50||4.84|
Number of Branches:
Rupali Bank is one of the largest commercial banks in Bangladesh. It has branches all over the country. Rupali bank operates through 492 domestic branches and 1 overseas branch in Pakistan. It is linked to its foreign correspondents all over the world.
Number of Zones and Corporate Offices:
The Corporate Head Office of the Bank is located at Rupali Bhaban, 34, Dilkusha C/A Dhaka-1000 with one local office (Main Branch), six corporate branches and twenty-five zonal offices all over the country.
Number of Employees:
The total number of employees is 5440.
§ Officers 3,750
§ Staff 1,690
Functions of Zonal Office
Ø To monitor the performances of all Branches.
Ø To prescribe measures to improve performances of under performing branches.
Ø To anticipate challenges, identify trouble areas and formulate line of action for upward growth.
Ø To oversee marketing activities of the branches and to suggest measures for appropriate marketing strategies to face the market challenges and the competitors.
Ø To motivate the employees and bring about healthy competition among them, to formulate plans in consultation with the branch Managers for growth and development of the Branches.
Ø To follow up the activities of national program of all branches.
Ø To keep constant watch over the performances and the achievements of business and profit targets by the branches.
Ø To undertake audit and surprise visit to the branches.
Ø To suggest guidelines in commensurate with the Corporate Policies for lending operations, a deposit mobilization, retail banking etc.
Ø To ensure compliance by the constitute branches with credit norms, credit restrictions, advance deposit ratio and other regulatory requirements.
Zone list of Rupali Bank Limited at a Glance:
Branches are means of providing services to the customers of RBL that is branches are the outlets or delivery channels for RBL. The business programs, products and services that are to be offered to the customers are operated through branches. The branches themselves are like small organizations. The in-house management, marketing and other general banking policies are made by the managers of the branches.
Profit Position of the Bank:
In 2006, the government decided to sell the bank and from then all most all the business activities of the bank were stopped. As the bank could not operate its normal business activities its profit could not increase for the last two years. Total income & total expenditure of the Bank during the year were Tk.1877.94 million & Tk.1504.17million respectively .As such Pre-Tax profit of the Bank stood at Tk.373.77 million and Net profit Tk.93.44 million.
Expansion and Mobilization:
The numbers of branches of bank remain unchanged at 492 during the year 2006 to 2007. Most of the cities branches are computerized by software company namely Infinity Banking Solution. In the future all the branches will be under on line automation system.
Training and Development:
RBL attach importance to provide institutional training to their human resources. It has its own training institution namely Rupali Bank Training Institute (RBTI). At the top there is a national level training institute and RBL also provide training at Bangladesh Institute of Bank Management (BIBM), Bangladesh Bank Training Institute and occasionally in abroad to cater to the training needs of the higher level bank personnel.
Management Practices in Rupali Bank Limited:
Planning & Organizing:
RBL supports a free enterprise and a competitive market system. Its business decisions and territorial business expansions of business are based on sound economic principles and reliable market surveys, with a view for long-term profitability and adding economic value. These are essential as profitability is a measure of both efficiency and market confidence in RBL’s service while the quantum of economic value-added is indicative of how far the return creates the shareholder value.
Hence, RBL is committed to staying over the competition through constant innovation of technology based products and efficiency enhancement, as well as, being responsive to the requirements of their customers and partners, in so far as their ability to adhere to industry based practices e.g. Core Risk Management principles are unimpaired.
The branches added to the list from time to time are put under the direct and close supervision of Zonal Head of the Bank and status of Deputy General Manager. The Manager of the concern branches will, in turn, keep the Zonal Head posted of their day-to-day activities, business plan, development programs, marketing plans, large loans, high net worth customers etc. They will furnish Zonal Head such information and reports as may be required by him. They will seek his consultation, guidance and advice on matters of strategic importance.
The total organizing process of RBL is done under the supervision of Managing Director. Managerial activities of the top management are organized by the Managing Director. On the other hand the branch banking organization is designed and done by the Zonal Office and the Managers of the Branches.
Rupali Bank Limited is leaded by its Management Team namely, “MANCOM”. This Management Team is unique in being able to envision the need of the business by bringing in a mixture of advanced technology solutions know-how and revamping the organizational make-up for maximum profitability.
This mix of people is persistent to provide unparallel service to its customers, come up with timely and innovative products and services and to enhance the capabilities of its people while emphasizing on the latest technology. This team is to drive the business to maximize the operational excellence and efficiency through acquisition of talent, developing systems, processes and people and through blending in of these to let customers revel in with fulfillment of permanency.
The control system of Rupali Bank is designed to ensure that all the units operate within rules set by the regulatory authorities and Bank’s own policies and regulations. Measures are taken to ensure that ethical standards are maintained, accounting rules and procedures are observed, and efficiency in business process and safeguarding of assets are ensured. The Stellar Banking Software sets the periphery within which department heads and Branch managers can operate. In line with the objective toward prevention of money laundering all the relevant departments are instructed to be vigilant, to prevent such activities, and regular workshops are held in this regard.
Rupali Bank Limited has objectives as like any other organization in order to run their services. These are as follow:
Ø To blend in its operation traditional banking with modern international services.
Ø To facilitate its stakeholders with high standard and quality banking.
Ø To conduct foreign exchange business such as international money remittance service and so on as well as in national.
Ø To extent credit facility to the client.
Ø To provide standard and quick services in to the client.
Ø To extent custodial services such as locker.
Ø To extent general banking services to the clients.
Ø Buying and selling of foreign currencies.
Bangladesh is trying hard to make and give effort to be an efficient player in the global market in terms of business. Accordingly, Rupali Bank Limited will as a matter of policy, mobilized its financial, non financial and human resource in conformity with international norms, standards and practices.
In the domestic economic field Rupali Bank Limited has set its sight on providing its clientele the edge of banking and finance which will enable them to run their enterprises profitability. Rupali Bank Limited give a hand the customer with its technology, know how training and specialization, and will provide world class Banking service
Disciplinary Action Procedure of Rupali Bank Limited
Activities of Discipline Division RBL, Head Office:
After receiving complain from different Branches/Zonal Office /Division of Head Office known or unknown persons/Newspaper against any incumbent of Rupali Bank Limited, the Discipline Division of Head Office do the following activities:
a) On receipt of complain from any above source it is scrutinized, segregated and them sent to the competent authority for obtaining approval of issue able charge sheet/show-cause.
b) After obtaining approval from the competent authority change sheet/show-cause is issued on the basis of rough change sheet/show-cause issued by complain lodged authority.
c) After receiving reply of change sheet/show-cause from the accused, an inquiry team is formed.
d) On the basis of the inquiry report submitted by the inquiry officer/committee, a memo is prepared and then placed to the Disciplinary Action Committee (DCAC) for recommendation of punishment of the accused incumbent.
e) The recommendation of the Disciplinary Action Committee is placed to the Managing Director for approval.
f) Obtaining approval from managing director, the decision of the management is apprised to the accused by letter.
g) If the taken decision is treated as major punishment, then a final show cause notice is served to the accused.
h) After receiving the reply of final show cause notice from the accused it is then again placed to the Managing Director for final approval.
i) If finally approved by the managing director, a letter is written to the accused containing management’s decision.
Rupali Bank Limited Employees Service Rule:
Every organization has it’s own Service Rule. They have to follow this rule and employees of those organizations are governed by this rule. Rupali Bank Limited has also it’s own service rule. This is named as “Rupali Bank Employees Service Rule – 1981”. The management of Rupali Bank Limited has to follow this service rule in case of recruitment, Promotion, Punishment & employees retirement benefit etc. So, every employee of Rupali Bank Limited must be abided by this service rule. Rupali Bank Limited (RBL) Employees Service Rule consists of 30 (thirty) sections. Each section contains many sub-sections. Of them only 5 (five) sections are applicable for Disciplinary Action.
General Conduct and Discipline:
Under section 25 of Rupali Bank Limited service Regulation Act – 1981 are as follows:
1) Every employee shall –
a) Conform to and abide by these regulations.
b) Observe, comply with and obey all orders and directions which may, from time to time, be given by any persons under whose jurisdiction, superintendence he may, from time to time, be placed;
c) Serve the Bank honestly and diligently;
d) Use his utmost endeavors to promote the interests of the Bank;
e) Show courtesy and attention in all transactions; and
f) Maintain strict secrecy regarding the affairs of the Bank, including the affairs of its constituents of whether the information or documents relating to the Bank came into his possession in the course of his duties as an employee or otherwise.
2) No employee shall –
a) Accept any outside employment, honorary or stipendiary, or undertake part-time work, except those which may be required to be accepted or undertaken by the Government or the competent authority;
b) Engage any commercial business, industry, or pursuit either on his own account or as agent of others;
c) Be connected with the formation or management of joint stock company otherwise than as an agent of the Bank;
d) Act as agent of an insurance company or accept commission, directly or indirectly, otherwise than as an agent for or on behalf of the Bank;
3) No employee shall absent himself from duty, nor leave the station, without first obtaining the permission of the competent authority.
4) An employee who desires to make a representation relating to service in the Bank shall address the representation to the competent authority through his immediate supervisor.
5) No employee shall make any personal representation to any Director of the board or any outside authority nor directly or indirectly approach any member of Parliament or any other person to intervene on his behalf in any matter.
6) No employee shall –
a) Accept himself or permit any member of his family to accept any gift from a constituent of the Bank, any person likely to have dealings with the Bank, a subordinate employee or a candidate for employment in the Bank;
b) Approach, directly or indirectly, a foreign government, international organization or any foreign organization to source for himself training facility, invitation to attend seminars or otherwise to visit a foreign country;
c) Accept, without the previous permission in writing of the Managing Director, any gift from a foreign Government;
d) Lend money in his private to, or borrow money from, or place himself under any pecuniary obligation to a broker, money lender, a subordinate employee, a candidate for employment in the Bank, or any firm or person having or likely to have dealings with the Bank;
e) Have personal dealings with a constituent in the purchase or sale of bills of exchange, Government paper or any other securities;
f) Buy or sell stocks, shares or securities of any description without funds to meet the full cost in the case of purchase or script for delivery in the case of a sale;
g) Except with the permission of the competent authority guarantee, in his private capacity, the pecuniary obligations of another person or agree to indemnity in such capacity another person from loss;
h) Participate in gambling and betting;
i) Speculate in investments;
j) Make any investment the value of which is likely to be affected by some event of which information is not available to the general public;
k) Construct a building whether for residential or commercial purpose, except with the previous sanction of the Bank obtained upon an application made in this behalf disclosing the source from which the cost of such construction shall be met;
l) Sublet residential accommodation let or provided to him by the Bank;
m) Except with previous approval in writing of the Managing Director, permit any member of his family or any relative residing with him to engage in any trade in the area over which his duties as an employee of the Bank extend;
n) Open or maintain an account with any bank or banker of any description without the previous permission of the competent authority; and
o) Accept, without the prior approval of Bangladesh and title, honor or decoration a foreign Government.
7) An employee may undertake honorary work of a religious, social or charitable nature and occasional work of a literary or artistic character:
a. Provided that the public duties of the employee do not suffer by such honorary work:
b. Provided further that the Bank, may at any time, forbid an employee to undertake or require him to abandon any work which, in its opinion, is undesirable.
8) No employee shall live beyond his means or indulge in ostentation on occasions of marriage or other ceremonies.
9) An employee shall avoid habitual indebtedness.
Declaration of assets:
Under section 26 of Rupali Bank Limited Service Regulation Act – 1981 are as follows:
- Every employee shall, at the time of entering the Bank’s Service, make a declaration to the bank, through the usual channel, of all immovable and movable properties, including shares, certificates, securities, insurance policies and jewellery having a total value of Tk. 10,000 (ten thousand) or more belonging to or held by him or a member of his family and such declaration shall –
a) State the district within which the property is situated;
b) Show separately individual items of jewellery exceeding Taka 10,000 (ten thousand) in value; and
c) Give such further information as the Bank may, by general or special order, require.
- Every employee shall submit to the Bank an annual return of assets in the month of December of each year showing increase or decrease of property as shown in the declaration under sub-regulation (1) or, as the case may be, with the last annual return.
- Every employee shall, as and when he is so required by the Bank by a general or special order, furnish information as to assets disclosing liquid assets and all other properties, movable, and immovable, including shares, certificates, insurance policies and jewellery.
- Save in the case transaction conducted in good faith with a regular dealer or broker, an employee who intends to transact any purchase, sale or disposal by other means of movable or immovable property exceeding in value of Taka 15,000 (fifteen thousand) shall declare his intention to the competent authority, and such declaration shall fully the circumstances, the price offered or demanded and in the case of method of disposal otherwise than by sale, the method of disposal and thereafter, the employee shall act in accordance with such orders as may be passed by the competent authority.
Prohibition to take part in politics, elections etc:
Under section 27 of Rupali Bank Limited service regulation Act – 1981 are as follows:
No employee shall –
- Ask for accept or take part in the raising of subscriptions or donations of any kind for any purpose whatsoever except with the specific order of the Managing Director and subject to the Bank’s instructions in the matter;
- Take part in, on subscribe in aid of, or assist in any way any political activity in Bangladesh or relating to any political affairs or Bangladesh;
- Take part any election to Parliament or any local authority in Bangladesh or elsewhere, nor canvas’ use his influence or in any way. Interfere with such election, or address electors in any manner of publicly announce himself or show himself to be announced publicly as a candidate or prospective candidate for any such election:
- Provided that he may exercise his right of voting at such election but shall not give any indication whatsoever of the manner in which he has voted or intends to vote;
- Permit any person dependent on him or under his care or control to take part in or in any way assist activity or movement which is, or tends directly or indirectly to be, subversive of the Government established by low in Bangladesh nor shall allow to act in a manner in which he is not permitted to act;
- Propagate such sectarian creeds, or take part in such sectarian controversies, or indulge in such sectarian partiality and favoritism, as are likely to affect his integrity in the discharge of his duties or to embarrass the administration or create, feelings of discontent of displeasure amongst the employees in particular and amongst the people I general;
- Indulge in parochialism, favoritism and abuse of office;
- Except with the previous permission in writing of the Managing Director, own wholly or in part or conduct or participle in the editing or management of any newspaper or other periodical publications;
- Except with the previous sanction of the competent authority empowered by the Board in this behalf, or in the bonafide discharge of his duties, participate in a radio or television broadcast or contribute any article or write any letter, either anonymously or in his name or in the name of any person, to any newspaper or periodicals;
- Make any statement of fact or express opinion which capable of embarrassing the relations between the Government and the people or any section thereof, or the relation between the Government and any foreign country, in any document published under his own name or in any public utterance on radio or television broadcast delivered by him; or the radio or television broadcast which he intends to deliver and may, with the previous sanction of the Bank and subject to such alternations, if any, as the Bank may direct, publish the document or deliver the public utterance on radio or television broadcast;
- Unless generally or specially empowered by the Bank in this behalf, disclose directly or indirectly to other employees, to the press or to any other person, the contents of any document or communicate any information relating to the Bank which has come into his possession in the course of his duties, or has been prepared or collected by him in the course of duties, whether from official sources or otherwise;
- Give evidence before a public committee –
a) In Bangladesh, unless he has first obtained the permission of the Managing Director; and
b) Outside Bangladesh, unless he has first obtained the permission of the Government through the Managing Director; Example– This clause shall not apply to evidence given before a statutory committee with power to compel attendance and the giving of answers, nor to evidence given in judicial inquiries;
- Without the previous sanction of the Bank, have resource to any court of law or to press for the vindication of any act done by him in the course of his duties as employee.
Punishment, etc, ground for penalty:
Punishment, etc, ground for penalty under section 28 of Rupali Bank Limited Service regulation act – 1981 are as follows:
- Without prejudice to the other provisions contained in these regulations, an employee who –
a) Commits a breach of the provisions of these regulations; or
b) Displays negligence or indolence in the discharge of his duties; or
c) Does anything detrimental to the interest of the Bank; or
d) Contravenes instructions issued to him in connection with his official work; or Commits a breach of discipline, or is guilty of any other act of misconduct or insubordination; or
e) Is convicted of any offence involving moral turpitude; or
f) In the opinion of the competent authority –
- Is inefficient or his ceased to be efficient whether by reason of infirmity of mind or body; or
- Having on two or more consecutive occasions, failed to pass in a Departmental Examination specified for the purpose of maintaining or raising general efficiency; or
- Having, without reasonable cause, failed to appear in any such Examination as aforesaid, or otherwise, and is not likely to recover his efficiency; or
a) Is corrupt or may reasonably be considered to be corrupt; or
b) Assume style of living beyond his ostensible means; or
c) Has a persistent reputation of being corrupt; or
d) Is engaged or is reasonably suspected of being engaged, in subversive activities or is reasonably suspected of being associated with others engaged in subversive activities and whose retention in service is, therefore, considered prejudicial to national security; or
e) Is in possession of pecuniary resources or property disproportionate to his known sources of income;
Shall be liable to one or more of the following penalties, namely
(A) Minor Penalties:
(ii) Withholding, for a specified period, of promotion or of increment otherwise than for unfitness for promotion or financial advancement;
(iii) Stoppage for a specified period, at an efficiency bar in the time scale, otherwise than for unfitness to cross such bar; and
(iv) Recovery from pay or any other amount due to the employee of the whole or part of pecuniary loss caused to the Bank by the employee.
(B) Major Penalties:
(i) Reduction to a lower stage in a time scale of pay;
(ii) Reduction to a lower post;
(iii) Compulsory retirement;
(iv) Removal from service;
(v) Dismissal from service
Explanation – Without prejudice to the generally of the term, “misconduct” includes, for the purpose of these regulations, the following acts of omission and commission:-
(i) Insubordination alone or in combination with others, to any lawful or reasonable order of superior;
(ii) Theft, fraud, or dishonesty in connection with the Bank’s business or property;
(iii) Damage to or loss of the Bank’s goods or property;
(vi) Habitual late attendance ; habitual leaving early for, or returning late from, lunch break;
(vii) Absence from duty without permission;
(viii) Drunkenness, gambling, riotous, disorderly or indecent behavior while on duty;
(ix) Sleeping while on duty;
(x) Collection, or canvassing for collection, of money within the Bank premises for any purpose not approved by by the component authority;
(xi) Striking, picketing or agitation in any other from within the Bank premises and in places where it is lawfully prohibited;
(xii) Illegal striking of work, singly or with others, in contravention of any law or rule for the time being in force, or inciting others to strike;
(xiii) Distribution or exhibition within the Bank premises of any papers, hand bills, pamphlets or posters without the previous approval of the competent authority;
(xiv) Holding of meetings within the Bank premises without the previous permission authority;
(xv) Refusal to work in another job or at any other offices or places of the Bank as may be directed by the competent authority in or outside Bangladesh;
(xvi) Habitual indiscipline and leaving of work without permission, disappearance from the seat or place of work without permission during the duty hours;
(xvii) Unauthorized used of the Bank’s property;
(xviii) Mailing, slow down of work, undue delay in the discharge of duty, refusal or negligence to carry out a reasonable order of the superior;
(xix) Habitual negligence of duty;
(xx) Breach of the Bank’s regulations, standing orders or instructions;
(xxi) Improper or non-use of uniforms, if supplied, while on duty;
(xxii) Writing anonymous letters, or criticizing the superiors and misbehaving with the superiors;
(xxiii) Threatening or intimidating any employee within or outside the Bank premises.
2. The power of awarding punishment to the employees shall vest in the competent authority:
v Provided that no authority subordinate to that by which the employee was appointed shall be competent to impose on him major penalty.
3. An employee against whom disciplinary action is proposed to be taken under sub-regulation
May be placed under suspension if, in the opinion of the competent authority, suspension is necessary or expedient or the competent authority may, instead of placing an employee under suspension, by order in writing, require him to proceed on such leave as may admissible to him from such date as may specified in the order.
4. While under suspension, an employee shall not leave the headquarters (the place of duty) without prior permission of the authority suspending him nor accept any employment, nor engaged in any business.
5. During the period of suspension an employee shall be entitled to subsistence grant at the rate of one-half of his substantive pay, and shall not be entitled to any other facility or benefit except the medical and housing facility in case he is occupying a hired or other accommodation provided by the bank.
6. When the suspension of an employee is held to have been unjustifiable or not wolly justifiable, or when an employee who has been compulsorily retired, removed, dismissed or suspended is reinstated, the punishing, appellate or revising authority may to him for the period of his absence from duty –
a) If he is honorably acquitted, the full pay to which he would have been entitled if he had not been compulsorily retired, removed, dismissed or suspended, and by an order to be separately recorded, any allowance of which he was in receipt prior to his retirement, removal dismissal; or
b) If otherwise, such proportion of such pay and allowances as the punishing, appellate or revising authority may determine.
7. Where it is decided to proceed against an employee, on the ground of inefficiency by reason of infirmity of mind or body, the competent authority may, at any time, require the employee to undergo medical examination by a Civil Surgeon or a Medical Board, as may be specified, and the report of the Civil Surgeon or the medical Board shall from part of the proceedings against the employee.
8. If an employee refuses to undergo medical examination under sub-regulation (7), his evasion or refusal may, subject to the consideration of any grounds he may give in support of it, be taken into consideration against him as showing that he had reason to believe that the result of the examination would prove unfavorable to him.
9. No order awarding a major penalty shall be passed without the charge or charges against the employee being framed in writing and given to the said employee so that he shall have reasonable opportunity within a period of seven days to answer in writing or in person, as he prefers, and in the latter case his defense shall be taken down in writing and read to him.
10. When an employee is to be proceeded against under sub-regulation (1) and the competent authority or such officer as may empowered by it, is of opinion that the allegations, if established, could call for a minor penalty, the component authority or the officer, as the case may be, shall-
a) Make the allegations against him known to the accused in writing and call upon him to explain his conduct within a specified time which shall not be less than seven days, or more than fourteen days, and
b) consider the explanation of the accused, if any submitted within the specified time and after giving him an opportunity of being heard in person, may award any of the minor penalties, specified in sub-regulation(1);
11. When an employee is to be proceeded against under sub-regulation and the competent authority is of opinion that the allegations, if established. Would call for a major penalty, the following procedure shall be observed, namely:
a) The competent authority shall –
- Frame a charge and specify therein the penalty proposed to be to be imposed, communicate it to the employee (hereafter called the accused) together with a statement of the allegations on which it is based and of any other circumstances which the competent authority proposes to take into consideration when passing orders on the case; and
- Require the accused to submit within seven days from the day the charge has been communicated to him a written statement of his defence and to show cause at the same time why the penalty proposed to be imposed on him should not be imposed and also state whether he desires to be heard in person.
b) If the a caused so desires, or if the competent authority so directs, an Inquiry, officer or a Board of Inquiry to be appointed under sub-regulation (13) shall hold an inquiry at which oral evidence shall be heard as to such of the allegations as are not admitted and documentary evidence relevant or material in regard to the charge shall be considered. The accused shall be entitled to cross-examine the witness against him, to give evidence in person and to have such witness called for the defence as he may wish. The person presenting the case in support of the charge shall be entitled to cross-examine the accused and the witnesses examined in his defence.
c) The competent authority may nominate any person to present the case I support of the charge before the Inquiry Officer or the Board of Inquiry.
d) The proceedings of an inquiry under this regulation shall containal a sufficient record of the evidence and, where an Inquiry Officer or a Board of inquiry is appointed, also the report of the findings of such officer or Board and the grounds there for.
e) After the competent authority or, in cases where the Board is the competent authority, the Managing Director, having considered the report and arrived at a provisional conclusion in regard to the penalty to be proposed the accused shall, if the penalty proposed is any of the major penalties, be supplied with a copy of the report and asked to show cause within a specified time, which shall not ordinary exceed one month, against the particular penalty proposed to be inflicted; and any representation submitted by the accused in this behalf shall be taken into consideration by the competent authority before passing final orders.
12. Nothing in sub-regulation (10) or (11) shall apply to a case –
a) Where the accused is dismissed or removed from service or reduced in rank on the ground of conduct which has led to his conviction of a criminal charge; or
b) Where the competent authority dismiss or removes the accused from service or reduces him in rank is satisfied that for reasons to be recorded in writing, it is not reasonably practicable to give the accused an opportunity of showing cause.
13. Where an employee is proceeded against under sub-regulation
a) and the competent authority has decided that the case calls for a major penalty, the authority shall appoint an officer, being sensor in rank to the person proceeded against to be Inquiry Officer and conduct the proceedings and may also specify a time limit within which the inquiry should be completed by the Inquiry Officer unless prevented by very special circumstances to be recorded by him in writing.
b) The Inquiry Officer shall bear the case from day to day and no adjournment shall be given except for reasons to be recorded in writing. Every adjournment, with reasons therefore, shall be reported forthwith to the competent authority. No adjournment shall be given for more than a week.
c) If the Inquiry Officer is satisfied that the employee proceeded against is hampering or attempting to hamper the progress of the inquiry, he shall administer a warning, and, if thereafter he is satisfied that the accused is acting in disregard of the warning, he shall record a finding to that effect, and proceed to complete the inquiry such manner as he thinks best fitted to do substantial justice.
d) The Inquiry Officer shall, within ten days of the conclusion of the proceedings, submit his findings and the grounds therefore to the competent authority.
e) The competent authority may, in any case it deems fit, instead of appointing an Inquiry Officer under clause (a), appoint a Board of Inquiry consisting of two or more persons and where a Board of Inquiry is so appointed, references in this sub-regulation to an Inquiry Officer shall be construed as references to the Board of Inquiry.
a) An employee compulsorily retired shall, except as hereinafter provided, be entitled, subject to the order of the Board to such retirement benefits as would have been admissible to him on the date of retirement under provisions of the regulations as applicable to him if he had been discharged from service on account of the abolition of his post without alternative suitable employment being provided.
b) Subject to any order of the Board made on compassionate grounds, an employee who dismissed from service shall not be entitled to any retirement benefits including benefits accruing from the Bank’s contribution to the Provident Fund of the Bank.
a) Where the services of an employee to whom these regulations apply are lent to another Bank or to any other local authority, in this sub-regulation referred to as the borrowing authority, the borrowing authority shall have the power of the competent authority for the purpose of placing him under suspension and of initiating proceedings him under these regulations.
b) In the light of the findings in the proceedings taken against the employee in terms of clause (a), if the borrowing authority is of opinion that any of the penalties specified in sub-regulation (1) should be imposed on him.
c) It shall transmit to the lending authority the record of the proceedings and thereupon the lending authority may, if it is the competent authority, pass such orders thereon as it deems necessary or, if it is not the competent authority, submit the case to the competent authority which shall pass such orders on the case as it deems necessary.
d) The competent authority may make an order under this sub-regulation on the record of the inquiry transmitted by the borrowing authority or after holding such further inquiry as may deem necessary and in passing such order, shall, if it becomes necessary, comply with provisions of clause (e) of sub-regulation
Step in Disciplinary Action with preliminary enquiry report:
Management of RBL cannot give punishment the employee without any within complain received against him/her. Having received the complain, management should have to abide by the following 11 (eleven) conditions before giving punishment to the employee.
(i) Preliminary enquiry, if required.
(ii) Charge-sheet / show-cause
(iii) Delivery of charge sheet / show-cause
(iv) Consideration of Explanation
(v) Selection of Enquiry Officer
(vi) Issuing Enquiry Notice
(vii) Proper Domestic Enquiry
(viii) Report of the Enquiry Officer
(ix) Consideration of Enquiry Report by the Authority
(x) Awarding of Punishment
(xi) Delivery of Punishment Letter]
Disciplinary Case of Rupali Bank Limited
Disciplinary Case # 01:
A Detail case study of Karachi Branch, Pakistan:
RUPALI BANK LIMITED
(Karachi Branch, Pakistan)
Ref: RBK/HO/DD/2009/052 dt – 15.09.2009
The General Manager
Rupali Bank Ltd.
Head Office, Dhaka.
Sub: Detail case status of Biman Bangladesh Airlines, Karachi.
With reference to the above we inform you that on receipt of the FIR copy of the complain from Biman Bangladesh Airlines, Karachi.
We have filed a case against Mr.. Ali Faizan Siddiqui (Manager, Import & export and Advance Deptt.) on 13.06.2009 in the Special Court (Often cein respect of banks) as per complain of Biman Bangladesh Airlines against Mr. Faizan for his unauthorized signature and violation of Banking (I Biman norms.
We are furnishing below in details present status and the facts of misappropriation / pilferage of money of Biman Bangladesh Airlines in Karachi.
a. The cash deposit slips which was shown to us by the Biman Bangladesh Airlines authority was not signed by the cashier and cash receiving officer of our branch. There is no cash deposit seal of the bank / branch in these fake deposit slips. Those slips bear only signature of Mr. Ali Faizan with seal on capacity of Manager, Import/Export & Advance. These cash were never deposited in the bank’s cash counter. Mr. Faizan is not authorized person to receive cash on behalf of our bank. Mr. Faizan has also refused his involvement for such activities with Biman’s money.
b. The fake deposit slips Biman authority, Karachi has shown us which bears single signature only of Mr. Ali Faizan Siddiqui (Import/Export & Advance Manager) are mostly not similar with the signature of Mr. Faizan as per record of our branch. He has already refused receiving of such money from Biman authority, Karachi as well as putting his signature in the deposit slips and fake statements. Moreover he is not authorized person to receive cash and send bank statement of the A/C Biman airlines to them. Mr. Shafisue Mallik, Manager, Account & PLS is our authorized person of these functions of our branch since his joining in this branch on 21.03.2001
This in for your kind information and with a request to inform the fact to the higher authority of Biman Bangladesh Airlines in Dhaka if it is desirable by you, because they may not be aware of these facts.
The investigation is also going on by us as well as authority of Karachi. Please note, we also formed a committee comprising 4 members. Headed by Internal Auditor of our branch. After receiving their findings, it will be informed to you accordingly in this regard.
(Md. Abul Hasan)
- His Excellency High Commissioner, High Commission for the People’s Republic Of Bangladesh, Islamabad for his Kind information.
- The honorable Deputy High Commissioner, Deputy High Commission for Bangladesh in Karachi, For his kind information.
Letter of Suspension:
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RUPALI BANK LIMITED
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HO/RBL/MAH/GEN/2009/182 dt – 09.10.2009
Mr. Ali Faizan Siddiqui (Manager)
Import / Export and Advance
Rupali Bank Ltd.
I.I Chandrigar Road
As per your confessional statement dated 25.03.2009 and report dated 10.09.2009 of the enquiry officer for reconciliation of Nostro A/C of Agrani and Sonali Bank, you have admitted committing misappropriation of Bank’s money of US$ 365,511/- US Dollar three hundred sixty five thousand five hundred eleven only) fraudulently from the above mentioned two Nostro A/C of Karachi in the year 2004 & 2009. As per our service rule and approval or competent authority of our Head Office you are suspended from the service of the bank with immediate effect.
It may be stated here that your service will be treated under suspension rule or Rupali Bank Limited, service regulation Act – 1981.
(Md. Sirajul Haque Miah)
Deputy General Manager
- DGM & Country Manager, Karachi Branch, Pakistan.
- DGM Discipline Division, Rupali Bank Limited, Head Office, Dhaka.
- Office copy.
Letter of Charge-sheet:
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RUPALI BANK LIMITED
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dt – 15.11.2010
Mr. Ali Faizan Siddiqui Home Address
Manager (Suspended Deptt.) Mr. Ali Faizan Siddiqui
Rupali Bank Ltd. S/O Late Abdul Majid Siddiui
Karachi R-6, Block-D/10-A N.E.H.S
Raw – 3, Gulshan-e-Iqbal
Subject: Letter of Charge-Sheet
Please refer to the suspension order dated 19.10.2009 issued to you by our Head Office, Dhaka vide their letter no. HO/RB/ MAH/GEN/ 2009/182. During your incumbency as the in charge of import and Export department of Bank Ltd. Karachi Br. The following irregularities were committed by you for whom this charge sheet is issued against you as per Rupali Bank Ltd. Service Regulation Act – 1981.
Ø During your incumbency as in charge of Import and Export department of Rupali Bank Ltd. Karachi Br. You have debited NR A/C no. of Agrani Bank different amounts on different dates in 2004-09 amounting Rs 9,830,887/- (equivalent to the US$ 292,966/-) for payments of different fictitious and false reimbursement claim through payment orders and paid those payment orders to the fictitious claimant for your personal gains.
Ø The NR A/C of Agrani Bank has been debited by you without any debit authority with malafide intention which amounted equivalent to ACUS 292966/- at that time.
Ø You have also prepared fake bank statement and after signing those you sent to Agrani Bank instead of actual Bank statement hiding the authority of this bank as well as Agrani Bank. Thus you have shown fictitious balance of US$ 1,379,273/43 instead of actual US$ 292,966/- and cheated the authority intentionally.
Ø In the same way you have also done the same nature of works with Sonali Bank NR A/C and misappropriated Pak Rs 2,525,000/- equivalent to US$ 72,545/- and prepared false statement of US$ 464,926/16 instead of actual US$ 390,381/16. Therefore by doing such heinous jobs you have pocketed US$ 292,966/- + 72,545/- amounting US$ 365,511/- equivalent to Pak Rs. (9,830,887/- + 2,525,000/-) Rs. 12,355,887/- of that time which became Pak Rs. 22,186,517/- for conversion of US Dollar as per prevailing rate on 03.05.05
Ø By pocketing these amount you have made parallel shadow accounts statements of Agrani & Sonali Banks and signed those statements singly and used to send those the two bank keeping everything hiding by yourself being the Manager of the Import & Export Department of Karachi Branch.
Ø All these facts narrated above and your confessional statement dated 25.03.09 proves that you had the fraud misappropriated these funds with a malafide intention for your personal interest and gains concealing the facts.
Ø You’re all these acts are tantamount to gross misconduct warranting major disciplinary action like dismissal from service as per rule of our bank.
You are therefore asked to show-cause as to why you will not be dismissed from your service and why the legal proceedings will not be started against you for recovery of defalcated amount. You are directed to submit your reply within seven (7) days from the date of receipt of this charge sheet failing which it will be deemed that you have accepted the charges & that you have nothing to say about it. In that situation the matter would be disposed of as per rules of the Bank.
(Md. Sirajul Haque Miah)
Deputy General Manager
1) Deputy General Manager, Rupali Bank Ltd. Administration & Human Resource Division, Rupali Bank Limited, Head Office, Dhaka.
2) Deputy General Manager, Rupali Bank Ltd. International Division, HO, Dhaka.
3) Country Manager, Rupali Bank Ltd. Karachi Br. Pakistan.
4) Office copy.
Letter of Dismissal:
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RUPALI BANK LIMITED
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