For release annual increment and open sealed cover envelope for next grade promotion
Dinesh
(Querist) 22 January 2017
This query is : Resolved
FOR RELEASE ANNUAL INCREMENT AND OPEN SEALED COVER ENVELOPE FOR NEXT GRADE PROMOTION
While working as Assistant manager in State Bank of Bikaner & Jaipur. I was suspended on 11.05.2007 and later reinstated on 31.01.2009. Since my date of suspension to date of reinstated no any charge sheet is given to me by the Bank. My annual grade increment since December-2007 is not released till now. I have also appeared for next grade promotions from the year 2009 regularly but the results was kept under sealed cover envelope and not communicated to me till now.I am working for the Bank. My retirement is due in the month of June-2018
A fraud was taken place at our Ajmer Branch on 17/08/2006 when I was posted at Nathdwara Branch and working on duty on that day in Nathdwara Branch but police of Ajmer had arrested me on 16/04/2007 and framed false charge sheet against me. It is alleged by the police that I had dragged the information in which frauds purported to have been taken place.
As per police charge sheet, I am co-accused in that case. The time taken for disposing of cases in Indian courts is getting longer. Negative aspect of Indian judiciary system is its lethargic and slogging approach. There are countless instances wherein cases run for decades and the defendants pass away without being awarded with the proper judgment.
The Vigilance Department of our Bank has also permitted me to post at sensitive position. Hence there is no matter is pending from vigilance point of view.
Please advice me what is the prescribed time frame for giving charge sheet. Can the Bank withhold my promotions & annual increment kept in abeyance.
Thanks
Dinesh Sharma
9413398026
Sudhir Kumar, Advocate
(Expert) 23 January 2017
promotion will remain in sealed cover as criminal case is pending. There appears no justification to stop increments because as per your version there is no depll chargesheet and there can be no occasion of penalty of stoppage of increment.
However, since 2007 till now the bank had sufficient time to initiate disciplinary action on you on the same charge as filed by police) without waiting for court verdict and have you dismissed from service if charges proved in inquiry.
Sudhir Kumar, Advocate
(Expert) 23 January 2017
since the criminal case is pending for long you could have approached high court for directions for speedy trial.
Rajendra K Goyal
(Expert) 23 January 2017
No disciplinary proceedings is pending against you, no charge sheet was issued.
Represent to Bank for opening of the sealed Cover and release increment / other related benefits.
Contact the Supervising staff association General Secretary to take up the case in next coordination committee meeting, if being held / or through other platform.
Sudhir Kumar, Advocate
(Expert) 23 January 2017
Not able to agree with Mr Goyal..
No chargehseet pending but criminal case pending.
So promotion cannot happen.
But increment cannot be stopped.
If deptt is unnecessarily provoked they can wake up and issue chargesheet also without waiting for court verdict.
Dinesh
(Querist) 27 January 2017
Thanks for reply.
Guest
(Expert) 27 January 2017
Dear Dinesh Sharma,
It is not always necessary that the bank should charge sheet you in a police case. The bank may be waiting for the final outcome of the fraud case for final action in your case. If prosecuted, the bank can dismiss you on the basis of the court judgment even without issue of any charge sheet.
So, your all out effort should be to fight the case effectively to prove your innocence, if you believe that police framed false charge sheet against you.
Your sealed cover promotion can be given effect only after your exoneration of the charge by the court of law. Your suspension period can also be regulated only after court judgment, which may cover the issue of undrawn increment, if the suspension period is treated as duty.
Your lawyer should make his efforts to get the case expedited for clearance before your retirement.
Dinesh
(Querist) 30 January 2017
Sir,
Thanks for reply. In my court case i am not alone. Two accused are outsider. they did not want to dispose case in early because they are in fault.current status of my case is zero. trial are still not start.
Guest
(Expert) 30 January 2017
No remedy, if the lawyers of defendants are lethargic in getting the case expedited.
Dr J C Vashista
(Expert) 31 January 2017
Very well explained and advised by experts, I agree and appreciate.
Request your lawyer to chase/expedite your criminal case.
Guest
(Expert) 31 January 2017
Dear Dr. J C Vashista,
Thanks for your appreciation.
Rajendra K Goyal
(Expert) 31 January 2017
Expert Sudhir Kumar,
Agree with your comments on my post. Yes there may be so practically.
Thanks.
