A SRIDHAR 19 November 2017

Parallel proceedings of departmental enquiry and court trial

A bank manager was kept on suspension from Jan'2016 for an attempted fraud which he only detected and ensured no loss to the bank. But due to the aggrieved fraudster's mischief this person was taken to task by both the Management as well as CBI.. Management conducted domestic investigation after entrusting the matter to CBI. CBI has concluded the investigation and the charge-sheet filed in the court wherein he has been named A5. In the meantime departmental enquiry was conducted for the same offences investigated by CBI and management could not prove any malafide intention or pecuniary benefit to the member but granted major penalty of "Compulsory Retirement'. Whether bank awarding punishment without getting to know the outcome of the court is correct? Whether accepting this punishment would help him to get exonerated in the court by any chance?. Experts kindly favour with your valuable advise..

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(Guest)

A case history is necessary to form a purposeful opinion, as your statement cannot be treated as correct about compulsory retirement by bank even without proving of the departmentasl charge. Half baked facts by mix up of both the CBI and the departmental cases cannot be based for arriving at some correct opinion. The penalty of compulsory retirement could have been awarded only on conviction by the court of law in CBI case, which you have not stated in your descripttion of the case.

However, for your general information, it is pointed out that both the cases are different as pursued on different angles. CBI inquiry and trial in the court of law can be for a criminal offence under the PC Act or the IPC, while departmental inquiry is restricted to the case of misconduct in employment as prescribed in the departmental conduct and discipline rules.

You may better discuss the background and the history of the case.