Cheque bounce case can be filed in jurisdiction of 'drawee bank', says Bombay High Court-DNA 23.01.2015
In a significant judgment, the Bombay high court has ruled that in cheque bounce cases, only the drawee bank's jurisdiction could be considered during criminal proceedings under Section 138 of Negotiable Instruments (NI) Act, 1881, even as the Real Time Gross Settlement (RTGS) system facility enabled citizens to draw/pay cheques at any branches all over the country.
Justice SB Shukre of the Nagpur bench of the HC observed: "There can be only one drawee bank and not several. When the RTGS cheques bear an endorsement payable at all our branches', it only means 'payment instructions expedited' enabling receipt thereof immediately."
The HC was hearing a petition filed by one Sangita Shah against one Sukrant Shah. The judicial magistrate first class, Nagpur, had returned her complaint against Sukrant on November 3, 2014. Following this, she had filed a writ petition in the HC.
While dismissing Shah's petition, the judge made it clear that there is a difference between 'processing of cheque for payment', and 'giving approval to the processing branch' for the payment. "The branch which processes the cheque and obtains approval for payment from the original branch where funds are actually parked, can only be called as the facilitator. It can't be termed as the 'drawee' under Section 7 of the NI Act," observed the HC.
Nagpur-based Sangita had lodged a complaint against her father-in-law, who is based in Jamshedpur, for dishonouring a Rs2.25 crore cheque. She filed a complaint with the Nagpur magistrate under the NI Act stating that since RTGS system is in existence, the criminal proceedings should be conducted in Nagpur. However, the JMFC rejected the complaint and returned the same saying that she should file it in Jamshedpur where the bank, which had bounced the cheque, was located.
She challenged this before the HC through advocate AP Raghute contending that the concept of the 'drawee bank' was enlarged after RTGS wherein payments are made at any of the branches of the same bank, across the country. Therefore, all bank branches, for offences under the NI Act, can act as the 'drawee bank'.
Sukrant's advocate, Rajendra Daga, argued that RTGS is only for expediting payment and that doesn't expand the concept of 'drawee bank'.
Justice Shukre cited RBI guidelines and observed that RTGS is meant for facilitating speedy payment by reducing the time for processing cheques and it has got nothing to do with the 'drawee bank'.
He said: "In conventional processing, considerable time is spent on obtaining instructions from the branch on which cheque is drawn. RTGS saves this by resorting to the modern technology which has, through web-world or Internet, made it possible to quickly access information including those contained in accounts."
The judge said the RBI has made it clear that 'Real Time' is the time taken for processing of instructions after they are received while 'Gross Settlement' means the settlement of funds transfer instructions which occurs individually.
"The cheques are immediately processed by the branch to which they are presented because of the fact that funds are to be settled only in the RBI books. What is contemplated under RTGS is only transfer of funds by the 'drawee bank' to other branches which received the cheques. It means that dishonouring of cheque takes place because of failure or refusal to transfer funds which takes place at the place where the 'drawee bank' is situated," added justice Shukre while dismissing the petition.
Thursday, February 19, 2015
Court Orders Beneficial To Bank Staff
Court extends interim stay on curbs on bank officers’ foreign travel-Hindu Business Line-18.02.2015
Thiruvananthapuram, February 18:
Checking misuse
Supreme Court fixes 90-day limit for suspension of govt employees-Times of India-18.02.2015
NEW DELHI: Protracted period of suspension of delinquent government employee has become a norm and such practice must be curbed, the Supreme Court on Monday said while fixing a period of ninety 90 days for authorities to complete proceedings against such an employee.
The court said that an employee suffered ignominy and scorn of society due to prolonged period of suspension. "We, therefore, direct that the currency of a suspension order should not extend beyond three months ... if within this period the memorandum of charges/chargesheet is not served on the delinquent officeremployee," a bench headed by Justice Vikaramajit Sen said. It said suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must be of short duration.
"If it is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature," the bench said.
"Protracted periods of suspension, repeated renewal thereof, have regrettably become the norm and not the exception that they ought to be. The suspended person suffering the ignominy of insinuations, the scorn of society and the derision of his department, has to endure this excruciation even before he is formally charged with some misdemeanour or offence," the bench said The court passed the order on a petition filed by defence estate officer Ajay Kumar Choudhary who was kept suspended for a long time.
FinMin closes door on campus hiring for PSU banks-14th August 2014-Indian Express
Despite public sector banks facing a manpower crunch, the finance ministry has asked them not to recruit officers through campus placements.
“Recruitment of officers in public sector banks against permanent direct recruitment vacancies by resorting to campus recruitment/interview method may not be in accordance with the law…,” the department of financial services has said in a missive all public sector lenders, quoting the advice of the ministry of law and justice. The move follows a decision by the Bombay High Court, which was upheld by the Supreme Court, in a case against the Central Bank of India.
This will mean that public sector banks can hire officers only through examinations such as those conducted by the Institute of Banking Personnel Selection (IBPS).
Over the last few years, many public sector lenders had taken a cue from private banks and had begun hiring some students from management schools, especially for divisions such as investment banking.
Students with specialisation in marketing and finance were preferred by many lenders and they in turn chose these banks for job security, even if the pay packages were not as high as those offered by private sector banks and private sector companies.
But the finance ministry directive has stressed, “Since the decision of the Bombay High Court has now been confirmed in the Supreme Court, the public sector banks are requested that it may be brought to the knowledge of the Board of Directors of the Bank for meticulous compliance.”
Faced with a situation where a significant number of staff were due to retire, most public sector banks have been actively recruiting to fill the vacancies and were keenly awaiting the Supreme Court judgment on the issue.
“Public sector banks had largely stopped visiting business schools for placements after the Bombay High Court verdict last year. The directive is just a re-iteration that the Supreme Court judgment affects all banks and not a single entity,” said a person familiar with the development.
‘Factor hardship when transferring women staff’
New Delhi: The finance ministry has directed that all public sector banks to keep in mind the hardships faced by women employees while finalising their transfers. “It has been brought to the notice of this department that female employees of public sector banks, married or unmarried, when placed/transferred… to distant locations face a genuine hardship, and develop a feeling of insecurity,” the department of financial services has said in a letter to all public sector banks last week.
Bombay High Court seeks Reserve Bank of India's response to PIL on Non-Performing Assets-DNA
The Bombay High Court has asked the Reserve Bank of India to respond to a petition which seeks CBI probe into fraudulent grant of loans and consequent rise in nationalised banks' non-performing assets.
The division bench of Justices Abhay Oka and GS Kulkarni last week directed RBI to file a reply and posted the matter for hearing on December 9. The PIL, filed by activist Ketan Tirodkar, says the NPAs of nationalised banks jumped from Rs 455 crore in March 2008 to Rs 9,190 crore in March 2012 as per the data obtained under the Right to Information Act.
Tirodkar further says that several banks had reported to CBI at least 140 cases of fraud in loans between 2008 to 2012. However there is no information as to whether cases were registered.
ALL INDIA BANK EMPLOYEES' ASSOCIATION
Central Office: “PRABHAT NIVAS” Regn. No.2037
Singapore Plaza, 164, Linghi Chetty Street, Chennai-600001
Phone: 2535 1522, 6543 1566 Fax: 4500 2191, 2535 8853
e mail ~ chv.aibea@gmail.com & aibeahq@gmail.com ...
CIRCULAR LETTER NO. 27/117/2015/13 16th February, 2015
TO ALL OFFICE BEARERS, STATE FEDERATIONS AND
ALL INDIA BANKWISE ORGANISATIONS
Dear Comrades,
Calculation of average emoluments for the purpose of pension – Determination of last months period for arriving at average emoluments – impact on account of participation in strike with loss of pay
In the light of our call for strike for 4 days from 25th Feb.2015, some queries have
been made to us regarding the impact on calculation of pension consequent to loss
of pay for participation in strikes. In this regard, we furnish herein the clarification
given by IBA ( dt. 22-5-2002 ) to one of the Banks when the issue was referred to
them.
“ We are to inform you that the subject matter was an issue for
consideration before the Working Group of IBA which met on 18th
April, 2000. The members of the Group, after deliberating on the issue, decided
that the participation in strike during the last 10 months before retirement should not affect the employee’s pension for all times to come and such the average emoluments for the purpose of arriving at pension payable in such cases shall be calculated as given under
Regulation 38 (4) of Bank Employees pension Regulations, 1995.”
Our units may circulate the above for the information of our base units and
members.
Our units should also ensure that all employees who are retiring in the next few
months should participate in the strike without fail. In fact, the new Settlement will
benefit them because in addition to revised wages from 1-11-2012, their retirement
benefits will also undergo substantial improvement due to wage revision.
With greetings,
Yours Comradely,
C.H. VENKATACHALAM
GENERAL SECRETARY
Thiruvananthapuram, February 18:
The Madras High Court has extended an interim order against a circular issued a year ago that took away leave fare concession (LFC) to bank officers for foreign travel.
The court clarified that TDS should not be imposed on LFC payments made pending final disposal of writ petition. An advice to this effect has been sent to respondent banks, according to R Vaigai, Anna Mathew and K Tamilarasan, counsels for petitioners.
Justice S Nagamuthu had ordered an interim stay on the contentious circular in May last year on a writ moved by the All India State Bank Officers’ Federation, (AISBOF) Chennai, and All India Bank Officers Confederation (AIBOC), New Delhi.
The petitioners had sought an interim stay on the circular of April 7 by the Chief Executive, Indian Banks’ Association (IBA) read with the e-circular dated April 15 by Deputy Managing Director and Corporate Development Officer, State Bank of India. Counsel for petitioners had cited specific provisions of leave travel/home travel concession rules to substantiate their argument against the circular.
But without making amendment to these rules, SBI had issued the impugned letter saying that officers shall not be entitled to travel abroad as part of LFC. The extension of the stay comes in response to a rejoinder affidavit filed by D Thomas Franco Rajendra Dev, Vice-President, AISBOF, and joint general secretary, AIBOC. Officers are permitted to touch foreign land within the permitted limit of LFC provided the foreign travel is covered in between the domestic destinations, Dev submitted.
Many officers and their family members use this facility to visit destinations abroad, some of which are of religious importance. With regard to the Centre’s advice to the IBA in the matter, Dev pointed out that it was to check misuse of the facility and not issue a directive to deny it entirely.
http://www.thehindubusinessline.com/industry-and-economy/banking/court-extends-interim-stay-on-curbs-on-bank-officers-foreign-travel/article6909496.ece
http://www.thehindubusinessline.com/industry-and-economy/banking/court-extends-interim-stay-on-curbs-on-bank-officers-foreign-travel/article6909496.ece
Supreme Court fixes 90-day limit for suspension of govt employees-Times of India-18.02.2015
NEW DELHI: Protracted period of suspension of delinquent government employee has become a norm and such practice must be curbed, the Supreme Court on Monday said while fixing a period of ninety 90 days for authorities to complete proceedings against such an employee.
The court said that an employee suffered ignominy and scorn of society due to prolonged period of suspension. "We, therefore, direct that the currency of a suspension order should not extend beyond three months ... if within this period the memorandum of charges/chargesheet is not served on the delinquent officeremployee," a bench headed by Justice Vikaramajit Sen said. It said suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must be of short duration.
"If it is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature," the bench said.
"Protracted periods of suspension, repeated renewal thereof, have regrettably become the norm and not the exception that they ought to be. The suspended person suffering the ignominy of insinuations, the scorn of society and the derision of his department, has to endure this excruciation even before he is formally charged with some misdemeanour or offence," the bench said The court passed the order on a petition filed by defence estate officer Ajay Kumar Choudhary who was kept suspended for a long time.
FinMin closes door on campus hiring for PSU banks-14th August 2014-Indian Express
Despite public sector banks facing a manpower crunch, the finance ministry has asked them not to recruit officers through campus placements.
“Recruitment of officers in public sector banks against permanent direct recruitment vacancies by resorting to campus recruitment/interview method may not be in accordance with the law…,” the department of financial services has said in a missive all public sector lenders, quoting the advice of the ministry of law and justice. The move follows a decision by the Bombay High Court, which was upheld by the Supreme Court, in a case against the Central Bank of India.
This will mean that public sector banks can hire officers only through examinations such as those conducted by the Institute of Banking Personnel Selection (IBPS).
Over the last few years, many public sector lenders had taken a cue from private banks and had begun hiring some students from management schools, especially for divisions such as investment banking.
Students with specialisation in marketing and finance were preferred by many lenders and they in turn chose these banks for job security, even if the pay packages were not as high as those offered by private sector banks and private sector companies.
But the finance ministry directive has stressed, “Since the decision of the Bombay High Court has now been confirmed in the Supreme Court, the public sector banks are requested that it may be brought to the knowledge of the Board of Directors of the Bank for meticulous compliance.”
Faced with a situation where a significant number of staff were due to retire, most public sector banks have been actively recruiting to fill the vacancies and were keenly awaiting the Supreme Court judgment on the issue.
“Public sector banks had largely stopped visiting business schools for placements after the Bombay High Court verdict last year. The directive is just a re-iteration that the Supreme Court judgment affects all banks and not a single entity,” said a person familiar with the development.
‘Factor hardship when transferring women staff’
New Delhi: The finance ministry has directed that all public sector banks to keep in mind the hardships faced by women employees while finalising their transfers. “It has been brought to the notice of this department that female employees of public sector banks, married or unmarried, when placed/transferred… to distant locations face a genuine hardship, and develop a feeling of insecurity,” the department of financial services has said in a letter to all public sector banks last week.
Bombay High Court seeks Reserve Bank of India's response to PIL on Non-Performing Assets-DNA
The Bombay High Court has asked the Reserve Bank of India to respond to a petition which seeks CBI probe into fraudulent grant of loans and consequent rise in nationalised banks' non-performing assets.
The division bench of Justices Abhay Oka and GS Kulkarni last week directed RBI to file a reply and posted the matter for hearing on December 9. The PIL, filed by activist Ketan Tirodkar, says the NPAs of nationalised banks jumped from Rs 455 crore in March 2008 to Rs 9,190 crore in March 2012 as per the data obtained under the Right to Information Act.
Tirodkar further says that several banks had reported to CBI at least 140 cases of fraud in loans between 2008 to 2012. However there is no information as to whether cases were registered.
ALL INDIA BANK EMPLOYEES' ASSOCIATION
Central Office: “PRABHAT NIVAS” Regn. No.2037
Singapore Plaza, 164, Linghi Chetty Street, Chennai-600001
Phone: 2535 1522, 6543 1566 Fax: 4500 2191, 2535 8853
e mail ~ chv.aibea@gmail.com & aibeahq@gmail.com ...
CIRCULAR LETTER NO. 27/117/2015/13 16th February, 2015
TO ALL OFFICE BEARERS, STATE FEDERATIONS AND
ALL INDIA BANKWISE ORGANISATIONS
Dear Comrades,
Calculation of average emoluments for the purpose of pension – Determination of last months period for arriving at average emoluments – impact on account of participation in strike with loss of pay
In the light of our call for strike for 4 days from 25th Feb.2015, some queries have
been made to us regarding the impact on calculation of pension consequent to loss
of pay for participation in strikes. In this regard, we furnish herein the clarification
given by IBA ( dt. 22-5-2002 ) to one of the Banks when the issue was referred to
them.
“ We are to inform you that the subject matter was an issue for
consideration before the Working Group of IBA which met on 18th
April, 2000. The members of the Group, after deliberating on the issue, decided
that the participation in strike during the last 10 months before retirement should not affect the employee’s pension for all times to come and such the average emoluments for the purpose of arriving at pension payable in such cases shall be calculated as given under
Regulation 38 (4) of Bank Employees pension Regulations, 1995.”
Our units may circulate the above for the information of our base units and
members.
Our units should also ensure that all employees who are retiring in the next few
months should participate in the strike without fail. In fact, the new Settlement will
benefit them because in addition to revised wages from 1-11-2012, their retirement
benefits will also undergo substantial improvement due to wage revision.
With greetings,
Yours Comradely,
C.H. VENKATACHALAM
GENERAL SECRETARY
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