Charge sheet not served
Raghav
(Querist) 14 September 2016
This query is : Resolved
Hi sir
I am under suspension from july 2015 and till date i have not been served chargesheet by my bank. Moreover FIR has been lodged in which police has submitted FR. But the bank is contesting against the same. Now i have come to know that the bank is planning to terminate my services without serving chargesheet. My question is that can a public sector bank terminate the services of an confirmed officer without serving chargesheet.
Regards
Raghav
Raj Kumar Makkad
(Expert) 15 September 2016
There is no time limit to issue charge-sheet but the denial of opportunity of hearing and violation of the rules shall definitely go in your favour even if bank initiates action as described by you by way of litigation.
Rajendra K Goyal
(Expert) 19 September 2016
Can not be terminated without proper chance of hearing is given to the delinquent employee.
Guest
(Expert) 19 September 2016
Mr. Raghav,
Your question is quite premature and irrelvant also due to quite a deficient facts.
Moreover, if not terminated, you don't have any legal problem for the present.
Presumption about any future incidence is not an evidence.
If really you have some inkling about their future plan, to get prepared for that eventuality, you have the dire need to get your case related documents examined in detail by some service laws expert to help you take some remedial action.
Replies to your casual query with quite an insufficient description may not help you to any extent, when you have not provided sufficient details about the background of suspension, FIR, status of criminal case, case history and the dates of events.
Raghav
(Querist) 20 September 2016
I would like to thank the experts for sharing there views in the matter. Moreover in my case the organisation is hell bound to prove me guilty.
I was posted as BM in a public sector bank and during that period few loan were processed and sanction which had some irregularities. However by followup these loans were closed but the bank has taken up these cases as fraud and FIR against the BM is lodged even though the borrower have agreed having taken the loan. Please advise the fate of the FIR and guide for future course of action. Moreover i was suspeneded in july2015 and no chargesheet has been served till date. I have the following queries 1. In FIR police has filed FR in the court which has been protestedby the bank. What will be the future course. 2. It has been 15 months of suspension and for the last six months substance allowance is not been credited to my account however instalments of my loan are regularly deducted from my salary. 3. No chargesheet is been served to me till date. Please guide of the fate of the case and what steps available with me.
Raghav
(Querist) 20 September 2016
I would also like to add that a decision regarding suspension period has also came in 2015 but not having details of the same, if any of the learned expert may share his views on that decison would be highly appreciable.
Ms.Usha Kapoor
(Expert) 21 September 2016
Principles of Audi 'alterum partem/or principles of natural justice have been violated by not giving you an opportunity to hear your explanation for showcause notice /charge sheet etc and then take disciplinary action. Your suspension is illegal and unconstitutional and arbitrary and smacks of malafides on the part f management.if what you heard is real the management is contemplating terminating you,. a confirmed officer without serving charge sheet.. It is highly arbitrary and highhanded and wouldn't stand LEGAL SCRUTINY.File a Writ of mandamus/ Certiorari to quash the departmental enquiry if it is defective and also the charge sheet in the writ petition and get both the defective enquiry and charge sheet quashed and get reinstated with back wages.Prior to filing Writ issue a legal notice to your employer for 15 days and if you don't receive a reply within 15 days or received a reply which is not satisfactory file writ in the state High court.
Guest
(Expert) 21 September 2016
Mr. Raghav,
If the organisation is hell bound to prove you guilty, you and your lawyer should be hell be hell bound to contradict their evidenc.
Also, if you have have come to know that the bank is planning to terminate your services without serving chargesheet, what has prevented you to get stay order from a competent court?
I don't think you are coming forward with the real facts. Presumptions are more in your statements than facts.
Better get your documents examined thproughly through some service laws expert to take some preventive actions. Presumptions need only precautions.
Guest
(Expert) 21 September 2016
Usha ji,
The querist has not been terminated yet. It is merely his presumption that the bank is planning to terminate, for which he can seek stay order. Presumption cannot become base to think that natural justice has been denied.
So, I don't think there is any violation so far of the principles of Audi 'alterum partem/or principles of natural justice.
Raghav
(Querist) 21 September 2016
My query is not based on presumptions. I have worked for the organisation with complete dedication and honesty. Why i am saying that the organisation is not giving fair chance is because there were five officials who were to be enquired. Out of the five, four have been served chargesheet and there decision " censure" have been given to them. Whereas the suspended official has not been served chargesheet.
There are many other facts which shows that the management is trying to involve external agencies by filing of FIR in cases which are completely of civil nature but they have used charges to frame the case as criminal nature.
Dhinghra sir i would like to consult lawyer for my case but not sure as to whom to contact. That is the reason i am askimg you experts regarding guidance.
Thanks all of you and please guide me so that my innocence can be proved.
Guest
(Expert) 21 September 2016
Mr. Raghav,
Do you have any proof that you are going to be terminated without serving you with charge sheet?
If so, you could have mentioned that. If not, how your statement, "Now i have come to know that the bank is planning to terminate my services without serving chargesheet," should not be termed as your presumption?
You may be in a sheer misunderstanding that you are going to be terminated without issue of charge sheet, as, except on punishment in a criminal case by a court, no psu bank is authorised to terminate its employee without observing the set process of issue of a charge sheet and conduct of departmental inquiry by giving due opportunity to the employee to defend himself in the departmental inquiry.
Moreover, about your statement, "FIR has been lodged in which police has submitted FR. But the bank is contesting against the same," you have not mentioned who lodged FIR and what for the bank is contesting the FR of police?
There are several other reasons to assume that you are not revealing the basic necessary facts to arrive at some purposeful opinion by the experts.
However, if you are shy of revealing facts over here,you may, for my examination and analysis, send scanned copies of case related papers through email at: sssfi2016@gmail.com
Ms.Usha Kapoor
(Expert) 21 September 2016
I also know it is presumption. That's why i said what I heard from you is real they /Management.pLEASE READ MY ANSWER CAREFULLY. IS CONTEMPLATING TERMINATING YOUR SERVICES FROM THIS ORGANIZATION.
Raghav
(Querist) 21 September 2016
Sir i respect your opinion but there are some instances which are not backed by evidences. I was told about the issue of termination by a colleague who is currently in the same department.
And the FIR was lodged by the bank against me in july 2015 and when FR was made by police bank has registered another FIR in august 2016. In the current FIR bank's advocate has given the opnion that the irregularities were of civil nature even then the bank has resorted to another advocate and lodged the FIR against me.
Raj Kumar Makkad
(Expert) 22 September 2016
Merely lodging of FIR ipso-facto do not conclude that the accused is guilty of offence mentioned therein. It has to be proved beyond any reasonable doubt by the prosecution.
Raj Kumar Makkad
(Expert) 22 September 2016
If there are only civil nature allegations then you may even get anticipatory bail and then can go to high court for its cancellation.
Guest
(Expert) 22 September 2016
Mr. Raghav,
I really wonder on your statement, "I was told about the issue of termination by a colleague who is currently in the same department."
A question arises, is that colleage of yours a decision making authority over and above the prescribed statutory rules of the Government of India that apply to the PSUs equally?
However, if you are believer of rumours only, you cannot find any solution to your unfounded misconceptions, even if you go to the topmost lawyer of India for solution to your problem.
Guest
(Expert) 22 September 2016
Further to my previous opinion, even if they have filed an FIR for some civil irregularity taking that as a criminal offence, or they terminate you without observing the set formalities prescribed in rules, your case would become quite solid to win your case due to their irregularities of grave nature, provided your defenders are sound in knowledge and perfect in effective presentation of your case, may be during departmental/ deomestic inquiry proceedings or in a court of law.
In the context of your description, I may point out to you that non-issue or late isue of a charge sheet is not the stage for worry, rather a good opportunity to gather the facts and consolidate on those that are in your favour. Once the charge sheet is issued and departmental/ domestic inquiry started, you may not get any time to lay hands on the facts easily.
Rajendra K Goyal
(Expert) 24 September 2016
1. In FIR police has filed FR in the court which has been protestedby the bank. What will be the future course.
Ans: Oppose the motion of Bank, discuss in detail with your lawyer who is well aware of full case file.
2. It has been 15 months of suspension and for the last six months substance allowance is not been credited to my account however instalments of my loan are regularly deducted from my salary.
Ans: You should give representation to disciplinary authority for payment of full subsistence allowance.
3. No chargesheet is been served to me till date. Please guide of the fate of the case and what steps available with me.
Ans: May take up with the disciplinary authority.
Rajendra K Goyal
(Expert) 24 September 2016
You should :
Engage some senior and experienced defense representative for your departmental proceedings.
Some senior lawyer well experienced in service / disciplinary proceedings and criminal matters should be engaged.
Bring all the factors on case file after discussion with your defense representative.
Raghav
(Querist) 25 September 2016
The options given by the experts will be definitely helpful and i will be taking guidance from senior advocate for proper handling of my case. If any expert is in touch with reputed advocate in then please advice.
Regards and sincere thanks to all for sharing there opinion in my case.
Raghav
(Querist) 25 September 2016
Please read as
If any expert is in touch with reputed advocate in jaipur then please advice.
Raj Kumar Makkad
(Expert) 25 September 2016
We have many personal contacts with the lawyers all over India but it is not good to take reference on public domain. After all every expert has his own contacts. There are many other issues related with this exercise so better to personally visit the concerned court campus and find-out the suitable lawyer.
Raj Kumar Makkad
(Expert) 25 September 2016
We have many personal contacts with the lawyers all over India but it is not good to take reference on public domain. After all every expert has his own contacts. There are many other issues related with this exercise so better to personally visit the concerned court campus and find-out the suitable lawyer.
Rajendra K Goyal
(Expert) 26 September 2016
Can visit the court compound to find lawyer.
Can search LCI database.
Guest
(Expert) 26 September 2016
Don't go by any recommendation. Make search yourself and hire services of that lawyer that makes you satisfied with his convincing discussion on your requirements and doubts.
