It depends on the relevant rules and other details. For example, Rule 67 of the SBI Officers Service Rules states that: “Without prejudice of any other provisions contained in these rules, any one or more of the following penalties may be imposed on an officer, for an act of misconduct or for any other good and sufficient reason…”.
This rule indicates that more than one penalties may be imposed.
However, it may be pointed out that, generally, in the case of proceedings relating to recovery of pecuniary losses caused to the organization, the penalty of recovery can be imposed only when it is established that the concerned officer was responsible for a particular act or acts of negligence or breach of orders or rules and that such negligence or breach caused the loss.
It may also be pointed out that the penalty of recovery from pay or other amount due is a special type of penalty which cannot be awarded in all types of misconduct. For example, as per Rule 67 of the SBI Officers Service Rules, the penalty of recovery is laid down in the following terms: “recovery from pay or such other amount as may be due to him of the whole or part of any pecuniary loss caused to the Bank by negligence or breach of orders”. Therefore, it can be imposed only when any pecuniary loss has been caused to the bank by negligence of breach or orders.
You may need to check the relevant rules applicable to your bank. You may also need to check whether there is a rule permitting recovery from the terminal benefits of the employee or the rule permits recovery only from the pay (which means, only during the service period).
Also note that even though it may be presumed that the rules do not permit two punishments simultaneously, the bank may still be in a position to file a suit in the civil court to recover the loss caused by the employee by his negligence or breach of orders.
Therefore, it is difficult to give an accurate reply to your answer and it would depend on the relevant rules and the actual facts of your case, and also on whether a specific charge was levelled specifying the amount of loss caused to bank by way of negligence or breach of rules and what specific details were given in the charges. It may be advisable for you to consult some local expert or lawyer, along with relevant rules and full facts.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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