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OFFICERS' CAUSE MAY - 2015

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OFFICERS' CAUSEMAY - 2015

Vol. 35 No.5 BANGALORE Single Copy : RS. 4/- MAY - 2015

2NATION FIRST, ORGANISATION NEXT, INDIVIDUAL LAST

EditorialEditorialEditorialEditorialEditorial

NEPAL – A HIMALAYAN TRAGEDY

he recent earth quake of high magnitudethat ripped through the Himalayan

Kingdom of Nepal with the resultant land slidesand avalanche, destroyed thousands of humanlives, live stock, properties, millions of livelihoodetc., had shocked the entire world community.It was so horrifying that many buildings havefallen like a pack of cards. Highways, roads,villages were washed off. Millions were renderedhomeless. The country’s cultural heritages havebeen wiped out and the regions cut off from therest of the world.

History and geological study reveals that theIndian sub continent had been moved towardsAsiatic plate millions of years ago. The squeezingimpact had crushed the Himalayas likeconcertina, raising the mountain to several mileshigh. Himalayan ranges were the outcome ofsuch impact. The severe pressure that developedbelow the earth due to the impact has led tothe area become prone to earthquakes any time.

According to the study report of Lamont AssociateResearch Professor at Lamont-Doherty EarthObservatory, of Columbia University, a part ofIndia slid about one to 10 feet northward andunderneath Nepal. Accordingly the entire subcontinent of India is being driven slowly

underneath Nepal and Tibet. As such a calamityis hidden below the earth which is a realitybeing exposed occasionally, the last one waswitnessed in the year 1934 when similar disasterstruck more intensively in Nepal-Bihar beltthough the density of population and the numberof buildings were far less at that time. Thoughthe epicenter of the current earth quake isBarpat Village, which is away from the capitalKatmandu, the disaster struck there also sinceaccording to report the city was built over anold lake and the lose soil deposited in the areamakes the city prone to quake.

History also reveals that such similar calamityin the past teaches people some or other lessononly to forget till the next such calamity. Thelust for more property and wealth makes thepeople to forget their past and brake the law ofnature, with heedless development, forgettingthe rule of mother nature. It is reported thatmany buildings in that ecologically sensitive areaare constructed violating the building rule. Theyrefused to implement quake proof building codeas seen in the earth quake prone countries likeJapan. Even the local administration is not seenparticular in implementing the rule of law.

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OFFICERS' CAUSEMAY - 2015

SUCCESS AWAITS AT THE DOOR WHERE DILIGENCE IS

Officers' Cause, May - 2015 3

India and Nepal have strong cultural, historical,economical and religious ties, sharing one of thelongest border between any two countries in theworld. Lakhs of Nepalees live and work in India,besides being part of Indian defence forces.Seeing the gravity of the situation, Governmentof India immediately swung in to action andstarted their rescue operation with men andmaterial. Kudos to our defence personnel whorescued lakhs of stranded people, includingtourists who were caught unaware in thecatastrophe. India put in to operation a numberof air crafts, helicopters, make shift tents,medicine , food materials, woolen cloths etc.,Relief came through the words of kindness fromthe Indian Prime Minister that India will notstop until the tears from the faces of everyNepalee is wiped out. The unflinching rescueoperation and the contribution in cash and kindhad made the deeply moved Prime Minister ofNepal to acknowledge the gesture that thoughIndia and Nepal are two countries, in reliefwork they are one, he said.

om. M. Sreenath, General SecretarySBIOA (Kerala Circle) has been

co-opted as the President of our All IndiaState Bank Officers’ Federation for theremaining period of the Triennial- 2012-2015 at the 10th Meeting of the 26thExecutive Committee, which was held atKochi on 10/04/2015 consequent upon thesuperannuation of Com B.K. Awasthi, theformer President. The appointment ofCom. Sreenath will inspire the rank & fileacross the country and help instrengthening and consolidation of theorganization in the days to come.

2. Com. M. Sreenath is also the Vice President ofthe All India Bank Officers’ Confederation. He isa born fighter and was known for his militantapproach over the last several years. He is knownfor his organizing ability and also for taking upwork as a defense representative for a largenumber of officers working in Kerala Circle. Heis a fire brand orator, with great proficiency in

English and other languages, includingthe languages of North Eastern States.He also writes articles in News Papersand Magazines and has won many prizesin English short story competitions. Aman of extremely friendly nature, wit andhumour, he has endeared himself to thecomrades everywhere. He has been avery sincere officer of the bank and hasexcelled in all the assignments that hehas handled throughout his carrier. He is

a source of strength to the leadership of thefederation and we are confident that under hisable leadership, as the President of theFederation, we would be able to move forwardand tackle larger issues that are before us.

“Officers' CauseOfficers' CauseOfficers' CauseOfficers' CauseOfficers' Cause” while cogratulating Com.Sreenath for having co-opted as President of theFederation, takes this opportunity to wish himall success in his new assignment.

It is an accepted fact that no country in theworld not even the richest has the capability ofdisaster management that India has from overtheir past experience. The depth of disasterwe have witnessed in Nepal should be an eyeopener to every Indian who indulge isencroachment, construct buildings against ruleof law and environments. Government also shouldtake care to ensure that a proper fool proofdisaster management plan is framed andimplement strictly in accordance with law. Nopolitical force irrespective of party affiliationshould be allowed to violate the law that mayinvite the wrath of nature.

“Officers Cause” joins with those who lost theirdear ones and properties in this hour of crisisand convey their heartfelt condolences to thosebereaved family with a prayer that let their soulbe rest in peace.

COMRADE MANIYALTH SREENATH,CO-OPTED AS PRESIDENT OF THE FEDERATION

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ARISE, AWAKE, STOP NOT TILL THE GOAL IS REACHED

4 Officers' Cause, May - 2015

TTTTText of AIBOC Circular No.2015/20 dated 18thext of AIBOC Circular No.2015/20 dated 18thext of AIBOC Circular No.2015/20 dated 18thext of AIBOC Circular No.2015/20 dated 18thext of AIBOC Circular No.2015/20 dated 18thApril, 2015.April, 2015.April, 2015.April, 2015.April, 2015.

ur members are aware that MOU was signedon 23rd February, 2015, for the Xth Bipartite

Settlement in which an annual wage increase of 15%on pay slip components was offered by the IBA,which works out to Rs. 4725 crore along with thesecond and fourth Saturdays off in BankingIndustry. The second meeting of the Sub Group ondemands of Officers was held on 16.03.2015 withIBA. IBA called UFBU for another round of talks on16.04.2015 and also the Sub Group of Officers forthe next round of talks on the same day.

UFBU decided to meet prior to meeting with IBA inorder to form unanimity on the scheme of MedicalInsurance Policy. Accordingly, United Forum of BankUnions met at Mumbai on 15.04.2015 to discussabout the proposed Medical Insurance Scheme inlieu of the scheme for reimbursement ofHospitalisation expenses presently in vogue in PublicSector Banks and any other issue on the presentscenario.

While discussing about the Medical InsuranceScheme, we reiterated our stand as was conveyedvide our Letter No. 2015/51 dated 07.04.2015 sentto IBA. On other issues, we requested all theconstituents of UFBU to take a common stand ofloading 2% on basic pay and DA as on 31.03.2012as per the terms of MOU and not to compromise onanything else. On this issue, a couple of constituentshad a different view. We shall try to convince themwith our view and shall endeavour to ensure thatour interpretation of the MOU on this aspect ofloading is demanded by the UFBU. Thisinterpretation is all the more necessary in view ofthe fact that there are lot of constraints inconstruction of pay scales with a limit of 2% ofloading on basic pay and DA. We also made it veryclear in the UFBU meeting that we will not sign anyagreement till the time the second and fourthSaturday off in the Banking Industry is ensured or afirm commitment is signed by IBA in this regard givinga time line for its implementation.

We also expressed our strong views about taking upof the issues of retirees like 100% DA neutralizationfor retirees prior to 01.11.2001, updation of pension,

UFBU MEETING AT MUMBAI ON 15TH APRIL, 2015 &MEETING WITH IBA ON 16TH APRIL, 2015

revision in family pension and extension of anotheroption of pension to resignees and compulsorilyretired who have been excluded from the option ofpension despite the clear understanding in the lastsettlement. We also emphasized that grouphospitalization insurance policy for retirees shouldalso be demanded from IBA.

MEETING WITH IBA ON 16.04.2015MEETING WITH IBA ON 16.04.2015MEETING WITH IBA ON 16.04.2015MEETING WITH IBA ON 16.04.2015MEETING WITH IBA ON 16.04.2015

The IBA Sub-Committee on hospitalization schemeheaded by Shri Arun Tiwari, Chairman of Union Bankof India met UFBU on 16.04.2015 at 11 a.m. inthe committee room of IBA. Other membersof the committee were Shri M.V. Tanksale, CEO, IBA,Shri Shailesh Verma, Chief General Manager,State Bank of India, Shri B.S.Shekhawat,General Manager (HR), Central Bank of India, Shri K.Unnikrishnan, Dy. CEO, IBA, Shri K.S. Chauhan, SeniorVice President of IBA and other officials. The detaileddiscussion on the hospitalization scheme took placeand after threadbare discussion on all apprehensionsand issues raised by us, IBA agreed that:

1. All benefits available in any Bank onhospitalization / domiciliary treatment overand above the scheme under discussion shallcontinue.

2. Employees and officers will not deal eitherwith the insurance company or TPA and theywill continue to deal with the Bank as per thepractice in vogue.

3. There will not be any ceiling onreimbursement under the hospitalizationscheme except for those which are mentionedin the insurance policy document providedto us by the IBA (circulated by us to allAffiliates). Suggestion of our Confederationfor getting the Mediclaim Policy vetted fromsome renowned TPA was appreciated andagreed by the IBA in the interest of all.

SUBSUBSUBSUBSUB-----GROUP MEETING WITH OFFICERSGROUP MEETING WITH OFFICERSGROUP MEETING WITH OFFICERSGROUP MEETING WITH OFFICERSGROUP MEETING WITH OFFICERS

The meeting of the Sub-group headed by Shri AshwaniKumar, Chairman and Managing Director, Dena Bankwas held at 4 p.m. on 16.04.2015 in the committeeroom of IBA. Smt. Indira Padmani, General Manager,Indian Overseas Bank, Sh. B.S. Shekhawat, General

WWWWWage Rage Rage Rage Rage Revisionevisionevisionevisionevision

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Officers' Cause, May - 2015 5WORK IS WORSHIP , DO YOUR DUTY

Manager, Central Bank of India, Shri M.V. Tanksale,CEO, IBA, Shri K.S. Chauhan, Senior Vice Presidentof IBA and other officials of IBA represented IBA. Ourorganization was represented by Com.Y.Sudarshan,President and the undersigned. One representativeeach from other three Officers’ Organisations wasalso present.

The issues of officers working conditions andallowances (officiating allowance, deputationallowance, special area allowance, reimbursement ofexpenses on transfer and many other importantissues) were discussed. The need for regulatedworking hours / compensation till the time thedemand is materialized was also discussed with athrust. The meeting could not be concluded as therewere certain other issues which required furtherdiscussions. Therefore, we demanded one moreround of talks, to which IBA agreed. We also discussedthe following issues with IBA.

1. IBA should give us the new pay structureimmediately and pay scales so drawn shouldbe discussed with us within reasonable time.

2. The issue of second and fourth Saturday tobe holiday in a month, which was agreed byIBA with UFBU, should be implementedimmediately before signing the joint note.

3. Discussion was made with the IBA to demandextension of one more option for pension to

all those who resigned on completion of 20years of service and compulsorily retired sincethe cost of second option of pension includesthe cost of extending this benefit to thesecategories of officers as well.

4. With regard to the retirees’ issues, it has beendecided to take up with IBA:

a) Updation of pension as per regulation 35(1)of the Pension Regulations 1995 sinceupdation of pension is in-built in pensionregulation and IBA should give necessaryinstruction to all the banks to implement thesame,

b) Extending DA neutralization for thosepensioners who retired before 01.11.2002and to improve family pension at par withthe government pensioners.

5. We have decided to request IBA to extendthe benefit of Mediclaim Policy to the retireesalso. The modalities of the policy andpayment of premium shall be worked outseparately, since Mediclaim Policy is the needof the hour for the retirees.

We are pleased to inform you that the next round oftalks with the IBA tentatively will be held on22.04.2015 at Mumbai. We shall keep our membersinformed of the developments.

“IT IS LABOUR INDEED THAT PUT THEDIFFERENCE ON EVERYTHING”

CELEBRATING MAY DAY - LABOUR DAY AS DEMAND DAYFOR ‘REGULATED WORKING HOURS’

ay Day greetings to all our beloved Comrades.On this occasion let us resolve to be more

united than ever and to show to the world at largeour commitment, solidarity and strength inprotecting and ensuring that the AIBOC and theAISBOF scale greater heights of glory.

On this occasion the text of CircularOn this occasion the text of CircularOn this occasion the text of CircularOn this occasion the text of CircularOn this occasion the text of CircularNo. 2015/21 dt. 29th April 2015 of AIBOC isNo. 2015/21 dt. 29th April 2015 of AIBOC isNo. 2015/21 dt. 29th April 2015 of AIBOC isNo. 2015/21 dt. 29th April 2015 of AIBOC isNo. 2015/21 dt. 29th April 2015 of AIBOC isreproduced.reproduced.reproduced.reproduced.reproduced.

May 1st the Labour Day is a day of specialsignificance in the lives of working class. Ourmembers are aware that many parts of the worldobserve it as an annual holiday to celebrate theachievements of workers and has its origins in the

labour union movement, specifically the eight-hourday movement, which advocated eight hours forwork, eight hours for recreation, and eight hoursfor rest. Some of the nations celebrate the LabourDay on different dates, often coinciding with specialsignificance for the labour movement in thatcountry. The senior comrades of ours are well awareof the history of this date. We wish to apprise ouryounger generation about the background, longdrawn struggle and sacrifices made by millions ofpeople for getting the due justice and recognitionof contribution by the labour class to the world.

In the late nineteenth century, the working class wasin constant struggle to gain the 8-hour work day.

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LET CUSTOMER SERVICE BE OUR MOTTO

5 Officers' Cause, May - 2015

As early as the 1860s, working people agitated toshorten the workday without a cut in pay, but it wasnot until the late 1880s that organized Labour wasable to garner enough strength to declare the 8-hourworkday. At its national convention in Chicago, heldin 1884, the Federation of Organized Trades andLabour Unions (which later became the

American Federation of LABOUR, proclaimed that“eight hours shall constitute a legal day’s Labourfrom and after May 1, 1886.” This proclamation waswithout consent of employers, yet demanded bymany of the working class.

An estimated quarter million workers in the Chicagoarea became directly involved in the crusade toimplement the eight hour work day. On May 1, 1886,more than 3,00,000 workers in 13,000 businessesacross the United States walked off their jobs onthe first May Day celebration in history. In Chicago,the epicenter for the 8-hour day agitators, nearlyone lac workers observed a peaceful strike. Two dayslater on May 3, 1886, violence broke out at theMcCormick Reaper Works between police andstrikers. During a speech near the McCormick plant,some two hundred demonstrators joined thesteelworkers on the picket line. Beatings by thepolice enraged the strikers who resorted to rockthrowing, and police responded with gunfire. At leasttwo strikers were killed and an unknown numberwere wounded. Full of rage, a public meeting wascalled by some of the leaders for the following dayin Haymarket Square to discuss the police brutality.Due to bad weather and short notice, only about3000 of people showed up from the day before,which included families with children and the mayorof Chicago himself. During the meeting, a bombthrown by some unknown person enraged the policeand it fired into the crowd. The exact number ofcivilians killed or wounded was never determined,but an estimated seven or eight civilians died, andup to forty were wounded. Later evidence indicatedthat it was the police, not the workers, whoperpetrated the violence. Eight leaders were arrestedand convicted of murder, despite the fact that onlythree of them were present at Haymarket and thosethree were in full view of all when the bombingoccurred. In a gross mockery of justice, in their trial,the jury comprising of business leaders, eightorganizers were convicted. The conviction wasevidently not for their actions as all were innocent,but for their political and social beliefs. On November11, 1887, after many failed appeals, one of them, inprotest, took his own life and four of them were

hung to death while the remaining three werepardoned six years later by the Governor. Today wesee tens of thousands of activists embracing theideals of the Haymarket Martyrs and those whoestablished May Day as an International Workers’Day. Ironically, May Day is an official holiday in 66countries and unofficially celebrated in many more,but rarely is it recognized in the country where itbegan.

In 1889, the first congress of the SecondInternational, meeting in Paris for the centennial ofthe French Revolution and the Exposition Universelle,called for international demonstrations on the 1890anniversary of the Chicago protests. On May 1, 1890,in accordance with the decision to commemoratethese Haymarket martyrs, mass demonstrations andstrikes were held throughout Europe and America.The workers put forward the demands for an 8 hourworking day, better health conditions, and furtherdemands set forth by the International Associationof Workers. The red flag was created as the symbolthat would always remind us of the blood that theworking-class has bled, and continues to bleed,under the oppressive reign of capitalism. May Daywas formally recognized as an annual event at theInternational’s second congress in 1891. From thatday onwards (starting from 1891 in Russia, by 1920in China and from 1923 in India) workersthroughout the world began to celebrate the first ofMay as a day of international proletarian solidarity,fighting for the right of freedom to celebrate theirpast and build their future without the oppressionand exploitation of the capitalist state.

In many countries, the working classes sought tomake May Day an official holiday, and their effortslargely succeeded. May Day has long been a focalpoint for demonstrations by various socialist,communist and labour groups. May Day has beenan important official holiday in countries such asthe People’s Republic of China, North Korea, Cubaand the former Soviet Union. May Day celebrationstypically feature elaborate popular and militaryparades in these countries.

It is really very unfortunate that though our countryis one of the founder member of International LabourOrganisation (ILO), but it has not ratified many ofthe conventions and treaties prescribed by it, whichare essential for a healthy work environment, leaveapart 8 hours working. The first May Day celebrationin India was organised in Madras (Since namedChennai) by the Labour Kisan Party of Hindustan on

BE TRUTHFUL, BE FEARLESS

Officers' Cause, May - 2015 7

1 May 1923. This was also the first time the red flagwas used in India. The party leader SingaraveluChettiar made arrangements to celebrate May Dayin two places in 1923. One meeting was held at thebeach opposite to the Madras High Court; the otherone at the Triplicane beach. A resolution was passedstating that the government should declare May Dayas a holiday. It was emphasized that workers of theworld must unite to achieve independence. On thisday, banks and other public organizations in Assam,Bihar, Goa, Karnataka, Kerala, Manipur, Pondicherry,Tamil Nadu, Tripura, West Bengal and Orissa observea holiday.

Let it be our collective endeavour to carry forwardthe torch of this movement which despite witnessingso many sacrifices and being more than a centuryold has not seen the light of the day. We shouldconsolidate our movement also to get therecognition to the contribution of labour class bydemanding a public holiday in all parts of the countryfor 1st May, the International Labour Day. Let us onceagain show our solidarity and strength bycommemorating historic May Day all over the

country in a splendid manner by observing it as a‘Demand day’ as we had done last year for all ourdemands which are relevant to the purpose of MayDay celebrations, e.g. regulated working hours,implementing five day a week, Trade Union rightsto all officers irrespective of their scales,implementation of I.L.O conventions 87 and 98 forwider definition of workers and coverage under I.D.act etc. We are sure that the State Units havingholiday in their states must already have chalkedout the programmes for holding rallies. We requestall other State Units, where it is a working day toensure that no officer works beyond prescribedhours, which is normally up to 5 p.m. in the evening,on this day to emphasize and highlight theseriousness of one of our main demand of regulatedworking hours to the Management, public,Government and all concerned. We exhort all notto work beyond 5 pm on 1st May, and join therallies/ public meetings organized in their vicinity.

Let us all ensure that rallies and public gatheringare held in all parts of the country in massive mannerby mobilizing the staff.

VALEDICTORY FUNCTION OF 116TH PROGRAMME OF NATURE5 DAYS WORKSHOP ON DISCIPLINARY AND VIGILANCE PROCEEDINGS

he 5 days workshop on Disciplinary and VigilanceProceedings concluded on 24th April 2015 with

a grand valedictory function. The dignitaries whowere present on the occasion included senior leadersfrom the Federation Com.Ram Kumar Sabapathy,the Joint General Secretary of the Federation,Com.D.P.S.Chabra, the General Secretary, SBIOA,Chandigarh Circle, Com.Shankar.N.Naik, the Vice-President and the General Secretary of the SBIOA(K),former leaders of SBIOA(K) Com.G.Muthuswamy,Com.B.S.Ravindra, and also the office-bearers ofSBIOA(K) Com.D.Shyam Sundar Rao, the course co-ordinator and the President of the Circle Association,Com.Prashanth, Com.D.B.Savanth, Com.KiranMathaad, Com.A.M.Hebsur, and Com.K.NagarajaShastry, former Secretary of the Federation.

2. The Programme commenced with a warm welcomeaddress by Com.Shankar.N.Naik, who appreciatedthe interest shown by the participants in attendingthis programme and volunteering to serve themembers and defend the charge sheeted official sothat the innocent officers are saved from thesufferings of the disciplinary proceedings. He alsobriefly referred to the efforts that have gone into inbuilding the NATURE by all the senior leaders and

their dedication and sacrifice in consolidation of thebank officer’s movement in the country.

3. Com.Y.Sudarshan, the General Secretary of theFederation utilized the opportunity to present currentscenario to the participants both at the industry aswell as bank level. He also expressed his fullestsatisfaction as to the involvement of the participantsin 5 days programme and was confident that theywould utilize the knowledge that they have acquiredfor the benefit of the innocent charge sheetedofficials in the bank.

4. Com.D.P.S.Chabra, the Vice President, AISBOFand the General Secretary, SBIOA, Chandigarh Circleexpressed happiness to be a part of this uniqueprogramme, where such a large number of membersare attending to learn the technique of good defense.He also gave a vivid picture of the agony that acharged official undergo and the duty of the defenserepresentatives in defending them and providingthem total confidence in order to see that theirtension and mental agony is reduced.

5. Com.Ram Kumar Sabapathy, Joint GeneralSecretary of AISBOF & General Secretary of Mumbai

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OUR LIFE IS WHAT OUR THOUGHTS MAKE IT 7 Officers' Cause, May - 2015

Circle Association, in his valedictory address coveredvery extensively the gamut of the disciplinaryproceedings and the efforts that are required to beput in by the trainees in order to ensure that thecharged officials are saved from the sufferings ofthe punishment by the management.

6. Com.Muthuswamy, and Com.B.S.Ravindra, whoare the senior faculties felicitated the participantsand wished them all success in their efforts in savinginnocent charged officials.

7. Earlier, Com.Pannikar.M.Jacob, the President ofSBIOA (Kerala Circle) had addressed the participantson 23rd April 2015 as a special guest who had cometo share his impressions on the programme. Heexplained about the various challenges that are beingfaced by the Defense Representatives and his ownexperience in handling a large number of cases.8. Thereafter a good number of participants sharedtheir views about the programme and wereunanimous in appreciating the content of theprogram, the quality of the faculty, the case study,

the discussions and the participation of the facultyin giving appropriate guidance to the participantsand the study materials that were made available tothem. They also desired that NATURE shouldcontinue its journey of imparting the knowledge inthe area of defense not only from the headquartersbut also from outside centers as well, as was beingdone in the last several years.

9. Thereafter the candidates were distributed thecertificate of participation by the dignitaries on the dais.

10. Smt.Shonal.D.Satelkar, one of the enthusiasticparticipants extended a warm vote of thanks to allthose who had assembled for the valedictory function.

11. Com.D.Shayam Sunder Rao, the course co-ordinator, proposed the vote of thanks on behalf ofthe faculty and appreciated the participants for theirtotal involvement and excellent participation.

12.The programme was compered byCom.S.L.Kulkarni, the Secretary of the Federation.

PROJECT SAKSHAMPROJECT SAKSHAMPROJECT SAKSHAMPROJECT SAKSHAMPROJECT SAKSHAM(BOSTON CONSUL(BOSTON CONSUL(BOSTON CONSUL(BOSTON CONSUL(BOSTON CONSULTTTTTANCY GROUP)ANCY GROUP)ANCY GROUP)ANCY GROUP)ANCY GROUP)

MANPOWER PLMANPOWER PLMANPOWER PLMANPOWER PLMANPOWER PLANNING AND CANNING AND CANNING AND CANNING AND CANNING AND CAREER DEVELOPAREER DEVELOPAREER DEVELOPAREER DEVELOPAREER DEVELOPMENT SYSTEM (CDS)MENT SYSTEM (CDS)MENT SYSTEM (CDS)MENT SYSTEM (CDS)MENT SYSTEM (CDS)arious presentations were made at SBLC’s inrespect of the Project Saksham. The Federation

vide its letter No. 6180/05/15 dated 07.02.2015,6466/06/15 dated 09.02.2015, 6180/10/15 dated16.02.2015; 6180/20/15 dated 14.03.2015; 6180/21/15 dated 14.03.2015; 6180/22/15 dated25.03.2015 and 6180/26/15 dated 27.04.2015,expressed very strong reservations and protestsagainst certain provisions in the system. During theformal presentations made by the Management ontwo occasions also, many suggestions were givenand apprehensions were voiced, both in respect ofManpower planning and CDS. Detailed analysis ofthe various deficiencies in the approach/datasampling adopted by BCG was presented with alllogic. Despite the above the presentations are beingmade in the SBLC’s and spread through the trainerscontaining certain sensitive references to IR/HRrelated issues like:

a) Extension of Service/Denial of Serviceb) Transfers/Transfer Policyc) Issues related to Salary and Monetary

Incentives.

The Federation has strongly opposed such moves,which are an intrusion into bilateral areas and hence

are extremely sensitive as it affects the morale of theworkforce and membership, often creating panic.While Federation is open to suggestions anddiscussions on the operational part of both theschemes, they also expressed that any intrusion intothe HR areas, without discussion will not beacceptable.

Members are requested not to unnecessarily panic.The Federation is aware and is alive to all the issuesand are being taken up very strongly with theManagement. All the sentiments have been conveyedto the Management. It has also been conveyed thatthe situation is volatile and may lead to an Industrialrelations crisis in the event of forcibly implementingthe sensitive issues.

In respect of Manpower planning members arerequested to obtain the data of staff strength (excess/shortage), in their respective branches/administrativeoffices/RACPCs etc., as mentioned by the BCG fromthe respective circle report/figures given by BCG andcompare the same with the actual requirement andpass on the information to the circle GeneralSecretary/President at the earliest in order to enablethe Federation to arrive at the actual requirement.

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LET US BUILD A STRONG AND SELF RELIANT INDIA

Officers' Cause, May - 2015 9

SBI ON ITS GROWTH PATH

tate Bank of India (SBI) has secured the SpecialInitiative award for its role in financial

inclusion, yet again, having taken banking to thefarthest corners of the country. With over 62,200customer service points (CSPs) and with a reachinto 0.78 lakh villages, SBI has become thecountry’s biggest service provider in rural India. Inanother year or so, SBI will have reached out toanother 0.28 lakh villages. SBI also has issued more

RuPay cards than the rest of the banks put together.The bank pursues an inclusion strategy that ropes incorporate entities such as SEWA, Oxygen andGeosansar to help it reach out to customers in far-flung areas. It is also training CSPs in the area of debtrecovery so that it can reduce the stress in agri –lending. As of March, 2014, SBI has recorded 7.1 croretransactions involving a sum of `̀̀̀̀ 22,500 crore.

Source: Financial Express-29/01/2015Source: Financial Express-29/01/2015Source: Financial Express-29/01/2015Source: Financial Express-29/01/2015Source: Financial Express-29/01/2015

MAVERICKS IN PUBLIC LIFE

small but powerful segment of our society,especially among political class seems to be

under illusion that it is their divine right to breachthe law and not to be questioned.

The recent incidence of an MP from West Bengalwho in a public hate speech made a ‘rape andshoot’ comment against his political opponentswas so outrageous, and surpassed all bounds ofcivility. He also instigated the people from hisconstituency to take law in the their handsforgetting that he is a Member of Parliament andhas a responsibility towards the society.

The Hon’ble Calcutta High Court on a PIL petitioncastigated the police for their inaction.

In an other incident as reported in Karnatakarecently where an MLA had slapped a police

constable who objected operation of a bar beyondthe permitted time. Police had taken action with muchhesitation after the media exposed the crime, whooften are made as a punching bag only to get beatingnot to react. Media also had been under severe attackby politicians whenever they expose any scam orirregularity in the administrative system and it hasbecome a practice of ridiculing or threatening themedia. The recent is the threat against the media bya CM of one of the Southern States who said if theycriticize they will be buried under the earth.

Recently two MPs who were members of theParliamentary Committee discussing on health risksfrom usage of Tobacco in India, claimed that thereis no risk by using Tobacco. In fact according to themusage of Tobacco is fine, that helps, digestion. Sincecountry has not banned sugar that may triggerdiabetes, there is no need to ban tobacco they said.

CREDIT GROWTH IN SBI FORFINANCIAL YEAR 2015-16-A FORECAST

tate Bank of India expects credit growth toaccelerate in the year beginning in April to as

much as 15%, helped by firms seeking funds tobid for coal concessions and mobile air waves.

According to Smt. Arundhati Bhattacharya, SBIChairman, the pickup in lending compares to a“very very low” loan growth of below 10% in theyear just ending. The Bank, had come through aperiod of consolidation and was comfortable withthe current pace she said. Economic slowdown inthe past two fiscals resulted in banks’ loan growthhitting multi- year lows, while bad debts surged.The Chairman said it could take another threequarters for a turnaround in bad loans althoughstrains were lessening.

“Still there are many corporate that are on theprecipice, and for them to recede from the precipice,we need economic activity to happen,” she said. “Wewant that economic activity to kick up into high gear.”

SBI was prepared for a new rule requiring higherprovisions for restructured loans after April 1,describing the extra burden as “tolerable”.Restructured and bad loans together account formore than a tenth of all Indian Bank loans. Thatportion was 8.5% for SBI as of December she said.Asked about criticism over most banks’ failure to passon two cuts in the RBI’s key policy rate in a year, theChairman said a cut in cash reserve ratio would“definitely help” banks to cut lending rates.

Source : Financial Express 25.3.2015

BankingBankingBankingBankingBanking

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DUTY FIRST, RIGHT NEXT

9 Officers' Cause, May - 2015

In an other case the union civil aviation minister,recently boasted carrying match boxes or cigar lightwhile flying, though smoking in public place itselfis banned, thus he has shown himself as a rollmodel to the general public.

These are not isolated cases, as similar incidentsof hate speech, rhetoric incidence of hooliganismrape, illicit relationship, exhortation, murder,corruption etc., are being reported againstpoliticians, the law makers their relatives, onregular basis across the country, irrespective ofpolitical affiliation much to the amusement andsurprise of the general public. While influentialculprits go scot free those who do not have moneypower caught and punished. With political cloutpeople try to suppress their crime, destroy theevidence, thereby making the investigating officersgrop in darkness. The entire country is watchingwith dismay about the mockery of justice by thepowerful politicians escaping from their culpabilitymuch to the embarrassment of the leadership. Theleadership is also compelled to carry on with thetainted politician in the interest of continuing inpower.

In coalition politics many people are occupyingtheir positions out of political compulsionirrespective of their capacity. As such one can expectsuch goof ups by these VIP’s.

In the matter of Coalgate scam the politicians andtheir leadership phooh poohed the Comptrollerand Auditor General of India (CAG) who exposedthe scam that led to the intervention of the ApexCourt. It was reported that the then Prime Ministerwho was handling the Coal ministry portfolio hadprovided license to many interested parties in anirregular and arbitrary manner. The Prime Ministerinstead of taking corrective steps and acted againstthose who involved in the irregularity has madevirtue of his own silence. Instead the governmentmustard courage in attacking the authority of CAGwho according to them is only a reporting agencynot an investigating authority forgetting that CAGis a constitutional authority. When questioned theApex Court made clear that CAG has not only gotpower to examine the income but also theexpenditure, besides various policy decisions ofthe government. They also have a duty to commentcritically on the efficiency of the policy decision ofthe government said the Court. The former FinanceMinister had also ridiculed the opposition with asophisticated denial that if the coal is not mined

and if the coal remaining buried in mother earthwhere is the loss. Though by any account theargument is simply on other way of saying thatthere was no or zero loss. All these arguments areshattered and put to rest by the recent order ofApex Court that the allocation the coal blocks isagainst the norms and hence illegal. The court alsocancelled the licenses granted to many corporatesexcept license granted to captive power.

It has become a practice for the political parties todefend their cadre under vague statement that thelaw will take its own course that will never take place.They are also under wrong notion that unless theyare convicted they cannot be treated as accused andrefused to quit. This situation goes against the recentobservations of the Supreme Court that ourconstitution reposed great trust on the Prime Ministerand Chief Ministers of the state as they are expectednot to appoint persons as ministers if a trial courthas framed charges against them in a serious criminaland corruption case.

The leaders should understand that instead ofcarrying the tainted members along with them andspoiling the good will they have earned, they shouldmake the tainted members to quit from their postand come out clean unscathed through the test ofjudicial process. By supporting such politiciansleaders are only making political parties a breedingground for criminals to thrive and survive. Theyshould also feel ashamed when the law made bythem is being broken by them or by their cadre. Suchvulgar display of the action only belie their status.Many scams crimes and irregularity noticed in recenttimes whether at the centre or state level could notbe prevented due to compulsion out of coalitionpolitics. When parties rule on a slender majoritybargaining or betrayal has become part of coalitionpolitics. Though it is the function of therepresentatives of the people to make law,bureaucracy to implement and enforce, the judiciaryto evaluate and adjudicate, mostly in practice themain ruling parties are compelled to oblige theircoalition parties and violate the procedure and law.Often netas try to suppress their folly by issuingstatements to mislead the public. In many cases theyappoint judicial commission of their choice andescape from their culpability. An investigatingagency functioning under the same government willhave various constraints in investigating the caseimpartially leading to distortion of process of law.Under such circumstances the investigating agencycannot establish any wrong doing by the law makers.

NEVER BEND BEFORE THE INSOLENT MIGHT

Officers' Cause, May - 2015 10

In a recent order the Apex Court had expressed theirreservation about a state vigilance commissioninvestigating complaint against the Chief Ministerof the state, who have closed a corruption caseagainst him which is under challenge and hencethe court suggested a CBI enquiry.

We also find new avatar of political leaders givingvarious promises before and after every election, suchas providing time bound power, water, rail projects,industries, controlling of inflation, price rise etc., and

forget. Denial or swift somersault have becomeorder of the day putting every one on tenter hook.On any misadventure they blame media andescape, forgetting that media has greater role toplay in our democratic system. But for the mediamany scams exposed in recent times would nothave been exposed behavior of some of thepoliticians or political leaders could not have beencontrolled. Political leaders also often forget thefact that who ever is so high the, law will be abovethem.

[2012 (135) FLR 912](JHARKHAND HIGH COURT)

ALOK SINGH, J.Writ Petition (S) No. 4362 of 2001

October 4, 2012Between

RATAN KUMAR SINGHand

BIHAR STATE AGRICULTURE MARKETING BOARD. PATNA and others

Disciplinary Action—Disciplinary authority can take contrary view, to view taken by inquiry off icer—But it has to issue show cause notice stating valid reasons and grounds for—And proposing the punishmentagainst delinquent employee.

Punishment-Petition has not used every unparliamentary language-writing the sentence that anemployee has been charge sheeted by senior with ulterior motive-seems to be no ground to punish to theemployee by withholding his increment.

Constitution of India, 1950—Article 226—Findings of fact—High Court should not disturb the f indingsof fact recorded by the Disciplinary Authorities—But if f inding of fact is totally perverse—High Courtmust protect the innocent employee.

JUDGMENT

ALOK SINGH, J.—Admittedly, petitioner was earlierremoved from the services vide order dated 30.4.1993.Annexure No. 3.Order dated 30.4.1993 of removal wasquashed by this Court aide order dated 9.8.1994.Annexure No. 4, with all consequential benef its andthe matter was further remitted back to thedisciplinary authority. After the remittance of the case,petitioner was issued fresh show-cause notice callinghis explanation on four charges. Having perused theshow- cause notice and explanation furnished by thepetitioner and having considered other materialsplaced before the inquiry off icer, inquiry off icer didnot f ind any charge proved against the petitioner andwas pleased to make recommendation to exoneratethe petitioner.

2. However, disciplinary authority i.e., ManagingDirector of the Bihar State Agriculture MarketingBoard, Patna did not agree with the inquiry off icer

and had issued second show-cause notice to thepetitioner. Thereafter, disciplinary authority waspleased to pass impugned punishment order dated21st July, 2001, Annexure No. 13 withholding threeincrements and non-payment of the salary for theperiod petitioner remained under suspension andwas removed from the services.

3. The f irst and third charge against the petitionerare that petitioner remained absent unauthorisedlyin the year 1991 and 1992 and in fact had changedthe entries in the attendance register converting hisabsence into presence. Inquiry off icer has opined,if petitioner was absent from the duties and hadconverted his absence into presence by overwriting,petitioner ought to have been shown absent fromthe duties and in that event either his Earned orCasual leave should have been marked or he shouldhave been treated on leave without pay. However,petitioner was treated on duty and was paid fullsalary for the entire period which shows that

Judicial VJudicial VJudicial VJudicial VJudicial Verdicterdicterdicterdicterdict

TIME AND TIDE WAIT FOR NONE

11 Officers' Cause, May - 2015

petitioner was present and he had not made anyoverwriting converting his absence into the presence.However, disciplinary authority in the second show-cause notice dated 11.9.2000, Annexure No. 9 hasdisagreed with the opinion of the inquiry off icer onlyon the ground that petitioner could not furnishsatisfactory explanation on the charges No. I and 3.

4. Likewise, inquiry off icer on the charge No. 2 thatpetitioner did not cooperate with the employees inrecovery of the market fee, had opined that Changedid not stand proved against the petitioner for thesimple reason that no evidence or material wasplaced before him to the effect as to on whichparticular date, petitioner did not support the otherstaff in making recovery of the market fee. However,disciplinary authority did not agree with the inquiryoff icer on the charge No. 2 too, on the ground thatinquiry off icer did not make proper inquiries fromthe off ice of the Managing Director and there wasno evidence to prove innocence of the petitioner.

5. Likewise, inquiry off icer on the charge No. 4 thatlanguage used by the petitioner in his explanationamounts to disrespect to the seniors and goes toprove arrogance of the petitioner, had opined thatlanguage in the reply to show-cause notice did notamount to arrogance or insubordination Inquiryoff icer did not f ind any unparliamentary languagein the reply to the show-cause notice. However,disciplinary authority did not agree with the inquiryoff icer on the charge saying language used in theexplanation to the show-cause notice is disrespectfulbecause petitioner had written in the explanationthat issuance of the charge-sheet was outcome ofthe malice and ulterior motive on the part of theseniors.

6. Having heard learned Counsel for the parties andhaving perused the record, this Court is of the f irmopinion that disciplinary/competent authority hasjurisdiction to take contrary view to the view takenby the inquiry off icer for some valid and soundreasons and in that event disciplinary authority orthe competent authority has to issue show-causenotice mentioning therein the valid and soundgrounds for taking contrary view to the view takenby the inquiry off icer and proposing therein thepunishment against the delinquent employee7. Now, as observed hereinabove, the reasons givenby the disciplinary authority for taking contrary viewto the view taken by the inquiry off icer seems to beeye-wash and cannot be said to be valid sound andsuff icient grounds for taking contrary view.

8. In fact, inquiry off icer had observed that ifpetitioner remained absent and had converted hisabsence into presence, authorities should not havehad paid salary or should have had treated him onleave. While this sound ground has been disturbedby the disciplinary authority by saying the petitionerhimself had admitted that on some occasions, hecould report late in the off ice and thereafter changewas made in the attendance register marking hispresence instead of absence. V iew taken by thedisciplinary authority does not appeal to me at all inview of the ground taken by the inquiry off icer.

9. In the same fashion, the view of the disciplinaryauthority on charge No. 2 that there is no evidenceto prove the innocence of the petitioner is no groundin the eye of law while, in fact inquiry off icer hadexonerated the petitioner on the charge No. 2 on theground that department had not placed any materialbefore him to say petitioner did not cooperate withthe staff in collecting the market fees.

10. Undisputedly, petitioner has not used anyunparliamentary language. Writing the sentence thatan employee has been charge- sheeted by the seniorwith ulterior motive seems to be no ground to punishthe employee by withholding his increments.

11. This Court, while exercising the writ jurisdictionunder Article 226 of the Constitution of Indiaordinarily, should not disturb the f indings of factrecorded by the Disciplinary Authorities. However,there is a caveat to it. If f inding of fact recorded bythe Disciplinary Authority is totally perverse, withoutthere being any evidence or seems to be result ofnon-application of mind or is found to be totallyimprobable or unjustif ied, this Court must comeforward to protect the innocent employee.

12. As discussed, herein above f indings of inquiryoff icer and reasons thereof recorded by himexonerating the delinquent employee seems to betotally correct and justif ied. Reasons assigned by theDisciplinary Authority for taking contrary view to theview taken by inquiry off icer are not only perversebut are also totally improbable, unjustif ied and seemsto be result of bias. Bias can be easily inferred in thepresent case.

13. Consequently, the writ petition is allowed.Impugned order vide Off ice order No. 24 dated21.7.2001 is hereby quashed. Let entire consequentialpayment of arrears be made preferably within 90 daysfrom today. Petition Allowed.

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RNI. No. 36617 / 81 OFFICERS' CAUSE TOTAL NO. OF PAGES 12 MAY - 2015REGN.NUMBER.KRNA/BGE/202/2015-2017.REGD. NUMBER.527/MDS-POSTED ON15TH OF EVERY MONTH AT BANGALORE PSO,MYSORE ROAD, BANGALORE 560 026

Officers' Cause, May - 2015 12

LICENSED TO POST WITHOUT PREPAYMENT. LICENCE NUMBER. WPP/82

DEARNESS ALLOWANCE

The Index Numbers for the quarter ended March 2015 are as under:

MONTHMONTHMONTHMONTHMONTH INDEX AS PER INDEX AS PER INDEX AS PER INDEX AS PER INDEX AS PER CONVERSIONCONVERSIONCONVERSIONCONVERSIONCONVERSION INDEX AS PERINDEX AS PERINDEX AS PERINDEX AS PERINDEX AS PER

& YEAR& YEAR& YEAR& YEAR& YEAR 2001 SERIES 2001 SERIES 2001 SERIES 2001 SERIES 2001 SERIES F F F F FAAAAACTORCTORCTORCTORCTOR 1960 SERIES1960 SERIES1960 SERIES1960 SERIES1960 SERIES

Jan 2015 254 4.63 x 4.93 5797.77Feb 2015 253 4.63 x 4.93 5774.95Mar 2015 254 4.63 x 4.93 5797.77

TTTTTotalotalotalotalotal 17,370.49 17,370.49 17,370.49 17,370.49 17,370.49

Average = 17,370.49/3 5790.16Difference in excess of 2836 points 2954.16D.A.paid for the previous quarter on (i.e. 734x4) 2936. 00Difference 18.16Increase in number of Slabs = 18.16/4 4.54

Accordingly, Dearness Allowance is payable to Officers on 738 (i.e. 734+4 ) slabs with effect from01-05-2015 as against 734 slabs for the previous quarter. The rates of Dearness Allowance at variousstages of basic pay are furnished overleaf. The rates worked out are as per the industry level scalesupto Scale VII including SBI.