Sealed cover procedure
D Nanda Kumar
(Querist) 10 July 2014
This query is : Resolved
I have attached a letter I intend writing to my Bank which explains the case fully. I want to know:
1. Whether the Bank is bound to give the promotions denied to me?
2. Is there any legal decisions supporting my claim?
3. In case the Bank do not take a favourable decision is it advisable to approach a Court and what are the chances for its admittance & success?
Guest
(Expert) 10 July 2014
No attachment found. Simply state reason for keeping the DPC recommendation in sealed cover and the fate of your disciplinary case, if there wa any.
ajay sethi
(Expert) 10 July 2014
no attachments found
D Nanda Kumar
(Querist) 10 July 2014
The Chairman & Managing Director, 11.07.2014
Dena Bank,
Mumbai.
Dear Sir,
Sub.: Release of promotion held in sealed cover since 1993 & further promotions.
I would like to first introduce myself as an ex employee of your esteemed Bank having had put in 38 years and 4 months of impeccable service and retired with all terminal benefits in March 2010. However, while in service a case no. 6 of 1992 was initiated by CBI in the Special Court, Mumbai for which permission was given by the Bank but in a very callous manner. The fact that no Show cause and/or charge sheet was given to me in this case by the Bank directly and the following reason recorded by the Bank in the review note dated 30.11.1995 (& corroborated again & again in the subsequent reviews) justifies my remark as above:
“Mr. D.Nanda Kumar was only following the practice prevailing in the then Foreign Exchange Department and as instructed by the then Chief officer. There is no other material evidence available in the department to show that he acted as alleged by the CBI.”
This act of injustice done by the Bank resulted in my defending the case for 22 long years and was also subjected to lot of mental stress & trauma. However, I am happy to inform you that after 22 long years in the court (& more than 25 years after the incidence) the case no 6/1992 stands disposed of and I have been acquitted (copy of the judgement attached). The following gist of the case contained in the said judgement dated 26.03.2014 amply has proved that I was innocent and none of the charges were proved:
POINTS FINDINGS
1. Whether the accused entered in to a criminal conspiracy to
cause wrongful loss to Bank and wrongful gain to themselves? NOT PROVED
2. Whether the accused nos. 1 to five wilfully omitted to
check and verify the transactions and by misusing their
position as public servant committed wrongful loss to Dena Bank? NO
3. Whether the accused on the basis of false and fabricated
bills and documents released the huge sums of money in the account of the accused nos. 6 & 7? NO
4. What offences if any are proved? NONE
5. What order? ACQUITTED
The Bank had per functionally followed the instructions of CBI in granting the permission to prosecute and there was not even a semblance of a sincere effort to go through the file before the issue of the permission, although the Bank had taken a stand not to initiate a departmental action as they were convinced that I am innocent.
In the mean time without the knowledge of the proposed action in the Special Court I had participated in the promotion process initiated in the year 1993 as I had by then successfully completed the compulsory Rural posting for the promotion from Scale- I to Scale-II. Although I was one of the successful candidates, my result was kept in sealed cover but was never informed about that in writing. It transpired later that it was due to case no. 6 of 1992 being filed in the Special Court, Mumbai that such action was taken. As per the provisions of the Promotion Policy, the promotion kept in sealed cover is required to be reviewed by a Committee every six months and adhoc promotion is to be given in deserving case/s. The first such review was done by the constituted committee on 30.11.1995 where my name was recommended for adhoc promotion.
Contd…..page 2
: 2 :
The Bank had an opportunity to make amends, to certain extent, for the gross injustice done earlier by giving the permission to prosecute (under pressure from the CBI) despite having records to show I am innocent. The Bank not only failed to act on the recommendation for release of promotion on adhoc basis but also failed to conduct the 6 monthly reviews. I had represented on various occasions such as on 02.03.1994, on 15.12.2004 (thro’ Dena Bank Officer’’ Federation), on 09.11.1997 (by application for Scale II to III as per the circular of that time)*, on 08.06.2000, 11.08.2006, 19.02.2007, 21.03.2007, 23.03.2007 & 21.06.2007. However, I did not receive any reply to any of those letters. It is on record that the subsequent reviews were done only when I made representation as is evident by the fact that the case was reviewed only on the following dates subsequent to first review as mentioned above: Second in 1999 (report put up on 23.11.2000), third one on 18.06.2001, fourth one on 20.12.2007. In all these reviews my name was recommended for adhoc promotion but was never acted upon.
Aggrieved by these acts and continued denial of justice, I had filed a Writ petition in the High Court of Mumbai against the Bank for the injustice in not implementing the service condition regarding adhoc promotion as per sealed cover procedure. The writ was considered by the bench constituting Hon. Justice Shri. F.I. Rebello & Hon. Justice Shri. A.A.Kumbhakoni in my favour and bank was asked to release the promotion as required under Sealed cover procedure within 4 weeks as contained in the Judgment on case no. 1614 of 2008 (http://indiankanoon.org/doc/1247211) . However the Bank released my adhoc promotion to Scale II only w.e.f 24.11.2008 and I did not get any response for my representation to release it with back date, as is usual. On reaching the age of superannuation I retired on 31.03.2010 without getting any sort of relief for the gross injustice done to me. The Bank had paid all my terminal benefits to me including pension.
Now that I have been acquitted, as per the provisions of the Promotion Policy, the adhoc promotion given in 2008 shall relate back to the actual date of promotion notionally that is 12.04.1993 with consequential monetary benefits. You are requested to release the promotion with back date and mitigate the injustice caused to me. Further, on my representation for considering my candidature for the promotion from Scale- II to Scale-III held in the year 1998 on the premise that if I had been given timely promotion, I would have been eligible for the promotion from Scale- II to Scale-III, I was denied this legitimate opportunity. The same was conveyed to me in terms of letter-dated 11.02.1998. Now for the next promotion in 1998 I would be deemed to have been promoted to scale II w.e.f 12.04.1993 and hence would be entitled to all consequential benefits on the basis that I was promoted to scale II w.e.f 12.04.1993. This also needs to be acted upon now.
Further, subsequent promotions on any future date/s wherein any one junior to me had been permitted to participate and promoted till the date of my retirement that is 31.03.2010 need to be given weightage and due relief given to me.
Inspite of the Bank giving permission to prosecute, now it has been proved in the Judgement that all allegation of the CBI stand not proved. The Bank further miserably failed to protect my interests by not releasing the adhoc promotion despite several reminders and more than one review committees’ recommendation/s. This has resulted in belittling my reputation and status and also leading me to death trap situation. I had to bear the ignominy of working under my juniors on many occasions and also had to be a mute spectator to my juniors being promoted even up to Scale VII, thereby was subject to utmost mental agony & trauma. Further to that I had to bear the expenses for defending me in the court in the case in the Special Court consequent upon the decision of the Bank to prosecute me and as well as for the writ petition made in the High Court of Mumbai for Justice. In all fairness the Bank should offer adequate compensation to mitigate the injustice, ignominy and mental agony as well as trauma I was put through by action & non action of the Bank
Contd…..page 3
:3:
as above. It is also a fact that this long drawn denial and act of commission by the Bank had an adverse effect on my health and at the age of 63 I was afflicted with malignant tumour in my throat for which I have undergone extensive as well as expensive treatment at Tata Memorial Hospital and am presently convalescing.
Please arrange to acknowledge receipt, intervene in the matter as competent authority and arrange to release the promotions with back dates and also set right the records by giving respect to Bank’s promotion policy. I shall thank you for your kind intervention and favourable action.
Thanking you
Yours faithfully
(D.Nanda Kumar)
D-501, Anand Garden CHSL.,
Anand Park, Kanderpada,
Dahisar (W), Mumbai-400068.
Mob. 9819339413
E’mai: dnandu2000@gmail.com
D Nanda Kumar
(Querist) 11 July 2014
Sorry that the letter could not be attached. I have copy pasted the same now. Please advice.
Guest
(Expert) 11 July 2014
Your long representation may not be relevant for answering your query. I have already advised you to simply state reason for keeping the DPC recommendation in sealed cover and the fate of your disciplinary case, if there was any.
D Nanda Kumar
(Querist) 11 July 2014
1.I am an ex employee of Dena Bank having had put in 38 years and 4 months of impeccable service and retired with all terminal benefits in March 2010.
2.While in service a case no. 6 of 1992 was initiated by CBI in the Special Court, Mumbai for which permission was given by the Bank but in a very callous manner.
3.No Show cause and/or charge sheet was given to me in this case by the Bank directly
4.I had participated in the promotion process initiated in the year 1993 and the result was kept in sealed cover.
5.As per the provisions of the Promotion Policy, the promotion kept in sealed cover is required to be reviewed by a Committee every six months and adhoc promotion is to be given in deserving case/s.
6.The first such review was done by the constituted committee on 30.11.1995 where my name was recommended for adhoc promotion with the following remarks:
“Mr. D.Nanda Kumar was only following the practice prevailing in the then Foreign Exchange Department and as instructed by the then Chief officer. There is no other material evidence available in the department to show that he acted as alleged by the CBI.”
7.The Bank did not act on the recommendation for release of promotion on adhoc basis.
8.It also failed to conduct the 6 monthly reviews.
9.The case was reviewed further only on the following dates subsequent to first review as mentioned above: Second in 1999 third one on 18.06.2001, fourth one on 20.12.2007.
10.In all these reviews my name was recommended for adhoc promotion but was never acted upon.
11.Aggrieved by this a Writ petition in the High Court of Mumbai against the Bank 12.The writ was considered by the bench constituting Hon. Justice Shri. F.I. Rebello & Hon. Justice Shri. A.A.Kumbhakoni in my favour and bank was asked to release the promotion as required under Sealed cover procedure within 4 weeks(http://indiankanoon.org/doc/1247211) .
13.The Bank released my adhoc promotion to Scale II only w.e.f 24.11.2008.
14.I retired on 31.03.2010 and the Bank had paid all my terminal benefits to me including pension.
15.After 22 long years in the court (& more than 25 years after the incidence) the case no 6/1992 stands disposed of and I have been acquitted.
16.The following is the gist of the case contained in the said judgement dated 26.03.2014.
POINTS FINDINGS
17. Whether the accused entered in to a criminal conspiracy tocause wrongful loss to Bank and wrongful gain to themselves? NOT PROVED
18.Whether the accused nos. 1 to five wilfully omitted to check and verify the transactions and by misusing their
position as public servant committed wrongful loss to Dena Bank? NO
19. Whether the accused on the basis of false and fabricated
bills and documents released the huge sums of money in the account of the accused nos. 6 & 7? NO
20.What offences if any are proved? NONE
21.What order? ACQUITTED
22.Now that I have been acquitted, as per the provisions of the Promotion Policy, the adhoc promotion given in 2008 shall relate back to the actual date of promotion notionally that is 12.04.1993 with consequential monetary benefits.
23.Further, I had applied for promotion from Scale- II to Scale-III held in the year 1998.
24. I was denied opportunity as per letter-dated 11.02.1998.
25.My letter to the bank is to release the first promotion from 1993 &
26.Subsequent one in 1998 and
27.Subsequent promotions on any future date/s wherein any one junior to me had been permitted to participate and promoted till the date of my retirement that is 31.03.2010 with consequential monetary benefits.
28.And for compensation from mental trauma due to continued injustice (not quantified)
Guest
(Expert) 11 July 2014
A very petty, but most important information is wanting in your long description of the case, i.e, whether acquitted honourably or by giving benefit of doubt?
D Nanda Kumar
(Querist) 11 July 2014
Dear Mr. Dhingra Saheb
Many a thanks for taking interest in my query.The verdict of acquittal is after recording evidence and going thro' the entire process of law. It is not on technical ground. However I have taken the liberty of sending the soft copy of the judgement by attachment to email sent to your ID. Tks.
Kishor Mehta
(Expert) 11 July 2014
Sir,
"1. Whether the Bank is bound to give the promotions denied to me?"
In the light of above details, the Bank should consider your promotions favourably.
"2. Is there any legal decisions supporting my claim?"
Not at hand.
"3. In case the Bank do not take a favourable decision is it advisable to approach a Court and what are the chances for its admittance & success?"
Recourse to legal remedies is the only avenue open, if the Bank does not consider your case favourably. Nobody can foretell the outcome of a legal suit.
You had better consult a legal Counselor.
Good Luck,
Kishor Mehta
Advocate. Arunagiri
(Expert) 12 July 2014
You retired on 31.03.2010 and the Bank had paid all terminal benefits including pension.
So, you have received these monetary benefits even while the case is pending.
What is the reason for the delay of 25 years in disposing the case?
Have you sent any letter, claiming your promotional benefits, after the judgement of acquittal?
D Nanda Kumar
(Querist) 12 July 2014
Thanks Mr.Arunagiri for the interest taken. As stated in the details the Bank took a stand that there is nothing against me to prove the charges by CBI (but gave the permission to prosecute). No internal charge sheet was given. The delay of 25 years is in the trial court where the CBI took their own time. I am submitting the letter to the Bank on Monday as now only we got the copy of the full judgement.
Tks
Advocate. Arunagiri
(Expert) 12 July 2014
I hope and wish you to get a favorable order from your Bank.
Sudhir Kumar, Advocate
(Expert) 12 July 2014
who has got the time to read such along letter on this charitable forum,.
Guest
(Expert) 12 July 2014
OK, I shall check your mail ASAP.
