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SRI KRISHNA   27 June 2018

Compensation for attending departmental inquiries as mw

I retired on superannuation from the services of a public sector Bank in Nov. 2016.  During my service I had conducted some investigations as Manager (Vigilance) and I had to attend 20-25 departmental inquiries as Management Witness, subsequent to my retirement.  I had started attending inquiries from Dec. 2016 onwards.  In view of the large number of inquiries to be attended by me, I had requested for payment of compensation at Rs.15000 per inquiry.   It was construed by the  Management as a pre-condition set by me for attending the inquiries and they had issued me a show cause letter stating that ‘pension payment is subject to good conduct and refusal to attend inquiries does not amount to good conduct’, asking me to explain why action cannot be initiated against me under Pension Regulations.  It is important to note that by then I had attended more than 50% of the inquiries.  However, after a prolonged correspondence the Management had considered payment of Rs.5000/- as compensation for each inquiry with effect from Dec. 2017.  It is to be noted that I had attended 12 inquiries prior to that, which means that I would not get payment of lumpsum for these 12 inquiries.  Subsequently, I had represented for considering payment of lumpsum (compensation) for these 12 inquiries also.  It is to be noted that ex-officers who are appointed as Inquiring Officers are getting substantial compensation.  The replies of the Management to my various representations are elusive and no positive action is forthcoming.  It is to be noted that appearance as Management Witness does not mean a token presence.  Some inquiries take 4-7 days to conclude and involve long distance travel, recollection of facts of the case and facing cross-examination.  In this context—

a)Can I issue them a legal notice demanding compensation for the 12 inquiries I had attended, for which payment is denied to me.

b)Is there any department in the Central Government taking care of senior citizens who are subjected to injustice like me?

c)Does the matter come under the purview of Banking Ombudsman or Consumer Forum or any other body?

d)Can I approach the Court for issuance of a writ directing the Bank to make payment of compensation? 

e)Is there any remedy for the wrongful and inappropriate invocation of pension regulations against me?

 

The Management had insisted on my attending the inquiries even after retirement, in respect of investigations conducted by me even though there is a precedence that the regular officers of the Bank were nominated as MW though they did not conduct the investigations.    



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 2 Replies

Sudhir Kumar, Advocate (Advocate)     09 September 2018

Have you claimed TA/DA?              

SRI KRISHNA   11 September 2018

Yes.  However, TA / DA are claimed by even the regular employees who are on rolls.  In view of the inquiries to be attended numbering to 25 I had requested for compensation for attending the inquiries almost on a regular basis, which involve extensive travel, stay in a hotel and preparation for deposition - sometimes requiring 3-4 appearances, I had requested for compensation for the time and inconvenience caused to me and the Management agreed to pay lump sum for each inquiry from 01/12/2017 whereas I attended many inquiries prior to this date.  I request you to view the matter in the light of the above. 

Regards

Sri Krishna

 

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