neeru
24 May 2015 at 17:18
Dear Sir,
I have retired as General Manager from Small Industries Development Bank of India in August 2010. The issue for which I seek expert advice is as under.
During 1990-95 I was posted in Delhi as Deputy Manager which was a medium level management post. I was dealing with Bank's Bill Discounting scheme besides all other work. Three accounts defaulted in 1995 and as a result I was shifted from the Department and thereafter transfered to Lucknow. Somewhere, in 1996-1997 CBI investigated these accounts . [(The accounts were Mideast India Ltd and Mesco Phermaceuticals Ltd. beloging to Ms Rita singh and one Asian Consolidated Industries Ltd.) In respect of Mideast and Mesco, CBI I filed chargesheet wherein i alongwith two other officers of the Bank are named accused. The case is being contested by me. This is only for your information and is not the subject matter of this query.)].
In October 2000 Bank issued 3 letters in respect of the above three companies seeking my clarification which I duly submitted. In January 2002, Bank issued one consolidated chargesheet consisting of 17 charges which had sub charges etc.
The inquiry was conducted by CVC appointed Inquiry Officer which was concluded in November 2002. Somewhere in 2004 I was given a copy of the IO's report wherein 14 out of 17 charges were proved and 3 charges were partly proved. I was asked to submit my comments on the report which I duly submitted within the given time. Thereafter, on 24/5/2005 I was advised by a letter from an officer of HR Dept. junior to me that DA has inflected the punishment of lowering of rank w.e.f. from 18/5/2005 and that it has been made effective from the same date. Aggrieved, I made an appeal to the appellate authority which is Board of Directors of the Bank in September 2005.
In August 2007 I was advised through a letter dated 8/8/2007 that the appellate authority has decided to restrict the punishment period to two years and thereafter I was to be restored the my original Designation of General Manager. Accordingly, I was again elevated to GM's post and financial dues were paid w.e.f 18/5/2007.
The letter further stated that the Board has directed the Bank to provide me with a copy of orders passed by Disciplinary Authority. Bank therefore provided me with a copy of two orders passed by Disciplinary Authority. Second was the successor of first DA after his retirement. It was for the first time that I came to know that Bank has been seeking advice from CVC in the matter. Also that while first DA has proposed stopping of three increments for two years as punishment but after obtaining second stage advice from CVC, the second DA has changed it to lowering of grade for indefinite period. I consulted a few advocates and filled a writ No WP(C)5208/2008 on following grounds.
There was a delay of around 7 years in issuing the charge sheet.
In terms of regulation 46(2) of SIDBI staff Regulations no punishment can be inflicted unless signed by CMD in respect of officer of Grade B and above. (I may add here that I was Grade E officer since 1998). I was only advised through a letter signed by an officer junior to me of the punishment and copy of the orders passed by DA were never provided to me before inflicting the punishment. In fact those were provided alongwith the appellate authority's order.
Relevant portion of the writ is attached for your perusal.
Submission to the Hon'ble High Court was made in person. In fact at the advice of Hon'ble judge, written submissions were filed. AThe same are also enclosed for your information.
The writ was dismissed and the order is posted at http://lobis.nic.in/dhc/VJM/judgement/12-05-2015/VJM07052015CW52082008.pdf
Whatever I have understood the order is defective in so many ways. there are issues which have not been considered or discussed. The issues which are discussed were not properly adressed. These are as under :
The charge sheet was modified at the instance of Inquiry officer and the original charge sheet was only for negligence whereas the second chargesheet included misconduct. My argument was that CVC jurisdiction comes only when there is a charge of curreption. Since there was no charge of corruption in the Charge sheet in Regulation 46(6) of SIDBI regulation. Similar rule is there for Govt. employees and psus and public sector Banks. I refered to case of Nagraj Karjagi v/s syndicate Bank. Therefore my contention was that Neither it was required to have an IO from CVC nor there was need for CVC first or second stage advice. However the interpetation of the judge is different (Para 6). Similarly, on CVC issue the judgement says that there was no provision for consulting CVC etc. but it was not my contention. Rule 46(6) provide for consultation with CVC in respect of charges of corruption. But his interpretation is different and self contradictory.
Consulting CVC and not sharing its advice with the Charged officer is against the principal of natural justice (Para 10 and 11).
While Bank conceded for restoring the seniority, no direction has been given to effect the same. It effect not only my seniory, it involves backdated promotions etc.
Issues which are critical and have not been discussed in the Judgement
Copy of the two orders passed by DAs were not provided however, the punishment inflicted. Orders were provided much after the punishment was over and on the direction of appellate authority.
Copy of the CVC advice was not provided to me. CVC guidelines and D C Sharma V/s SBI and Nagraj Karjagi V/s Syndicate Bank case were highlighted.
Since there is a limit to one file only, i am enclosing my written submission to Delhi High Court which were submitted at the instance of Hon'ble Judge.
sreekanth
24 May 2015 at 16:08
Sir, My father's elder paternal uncle by playing fraud, behind our back got the self acquired land of my grandfather transfered on to his name through a notarised affidavit which is an invalid transfer. After getting my grandfathers property mutated onto his name my elder paternal uncle sold the said property to various vendee's (Ten plots) after diving the said property into residential plots. Those ten plot owner's (1st Vendee's) who have purchased the said (ten plots) plots intially from my elder paternal uncle have all sold their plots to a resort owner (2nd Vendee) My father along with all the legal heirs of the family who are entitled for a share in my grandfathers jointly filed a partition suit making my elder peternal uncle as defendant No 1 and The resort owner as defendant owner 2 (2nd Vendee), we have not not made the 1st vendee's (Ten plot Owner's) as parties or defendants to the partition suit, who have intially purchased the plots from my elder paternal uncle without our knowledge.Since my elder paternal uncle is the kartha of the family post my grandparents death, As my elder paternal uncle was holding and taking care of the joint property on behalf of the family. All the legal heirs are deemed to be in joint possession and a suit for partition is filed.
My questions for all your honarable members are as follows:
1) will my suit be bad for non-joinder of necesscary parties for not making the 1st vendee's (Ten plot owner's) who later sold it to the resort owner ?
2) Is there any judgement which covers up situvation/case and not making the suit itself bad for non-joinder
3) The suit is at very intial stage its coming up for arguments in the stay petition(Interlocutary Application).Will i be advised to get the pliant amended making the 1st vendee's (ten plot owner's) as defendants to the partition
4) i have reliably learnt that there is judgement with covers up my case from being dissmissed for non-joinder of necesscary parties
5) I am a junior advocate, kindly advice me on the said case. Thanks in advance to all the honourable members here
Tichra
24 May 2015 at 15:22
Hi there,
I have got a ancestral property on which a local politician is trying to build boundary on the property. I have tried getting stay but his lawyer is not appearing in the court and getting dates postponed. After 1 week the courts will be closed for a month and I am afraid, he would misuse his power and construct the boundary on that land where I will not be able to help.
Can you please advise what option do I have?
Regards,
J. Raj george
24 May 2015 at 15:07
Sirs,
A man got a sale deed by undue influence from my mother. She immediately sent a lawyer notice that you got sale deed by fraud instead of Mortgage deed.The impugned buyer then influenced our lawyer by money and threatened my mother and again obtained another agreement to the effect that he need not reply the Notice and the deed previuosly executed is sale deed only and that I gave the notice out of some oral dispute.
Now The case has been filed.
Now I want to know whether
1. the subsequent agreement is valid and
2. the previous sale deed is vaild without the subsequent agreement.
3. In the case of Karnailsigh & Others Vs. Dalip Kaur & ors -Punjab And Haryana high Court in 1995 ( Lawmirror/File No. 8198 )
it has been held "'whenever a transaction entered at the behest of lawyer is assailed by a litigant, a burden is cast upon the persion taking advantage under the transaction to show that the transaction was entered into was free from fraud,undueinfluence and to such agreement the party had freely consented after understanding the implication." - CPC,Order 23 Rule 3-A,sec 101 of Evidence Act. Hence whether the above case law is applicable to the above agreement in our favour
4. Whether the above agreement is a compromise agreement under Civil Proceedure code.
Whether the agreement is nullified the sale deed is also automatically void.
Please clarify me sir for further proceedings.
Dr Sangh Mittra
24 May 2015 at 14:45
Sir,
The Section 4& 6 Notification were on 26.09.2007 and 25.09.2008.
The Award was passed on 24.09.2010.
I kept representing requesting for release of land. Got assuring replies.
On 02.06.2014 I was told during my personal visit to Govt office that my case had been rejected on 01.03.2013 .
Is filing Writ Petition within permissible period?
Regards,
Dr Roshni Justin
drroshnijustin@gmail.com
rajkamal19
24 May 2015 at 14:11
I am rajkamal, my name in sslc mark sheet as raj kamal, in hsc, degree, master degree, printed as rajkamal.
In sslc there is a space between raj and kamal.. SSLC Passed in 2005.
There is no spelling mistake, but in sslc mark sheet only one space is there..
Will it give problem for government jobs, foreign jobs..
If yes mean, give me a good solution..
Thanks in advance..
Pranjal Baruah
24 May 2015 at 14:01
Is there any legal validity of a registered affidavit in transferring a property without any monetary consideration?
praveenkumarsinha
24 May 2015 at 13:35
i got my property from court partion among my father brother.it was 23 year old partion.
recently few miscreant eliment started claim over my propert and filed civil suitin 2011. his claim was frivolous he said this prop was his in 1920.his objection is that he should also be made party to my father partion .the case in process but his lawyer rarerly come in court.
in the mean time another person come forcefully with 1920 document & claim a portion of property .
to stop this i file a 144 crpc on this land.
i have possession of this land since 1927.i have jamindari receit,contnious receit since 1927.the cs&rs in my favour kahtiyan,recive loan on said land in 1934 by then govt which was lather paid.but not aregistered kabalaof 1927.but unregistered kabala <i signed by consern person.
when in 2011 a civil suit was filed how another person approch in same matter.
what step i should take.
santhosh.g.
24 May 2015 at 11:58
As per SC judgement " Remesh Chandra Ambalal Joshi V The State of Gujarat":- For the cheque dated 31/12/2005, the validity period of six months expires on 30/06/2006. That is "31/12/2005" date of the cheque will be excluded and period of six months will be reckoned from next day. That is 01/01/2006 and thereby the expiry date of six months period is 30/06/2006.
In a cheque case i filed for my client Cheque is dated 16/02/2005 and presented on 16/08/2005. The court dismissed the complaint on the ground that the validity period of cheque expired on 15/08/2005 as per the above judgement.I pleaded 16/08/2005 is the last date of validity. please advice am i correct
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the punjab rent act, 1995
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