Action on complaints referred to cvo by cvc

Querist : Anonymous (Querist) 08 January 2012 This query is : Resolved
I filed an online complaint with CVC. CVC duly examined the complaint and having regard to the nature of the issues raised therein; the complaint has been forwarded to the CVO of the concerned public sector Bank for necessary action. The matter was communicated to me by CVC and it was furnished in the communication that while no further report is required to be sent to the Commission, the authorities concerned are required to look into the matter and take such action as deemed fit.

The brief of the complaint:

It is a vigilance case of the year 1994 where 'A' - Scale IV Officer, 'B' - Scale I Officer, 'C' - Clerical & 'D' - Clerical were charge sheeted. The 'A' was awarded with a lesser punishment but 'B', 'C' & 'D' were awarded with capital punishment. In awarding punishment to 'B', 'C' & 'D', CVC recommendations were relied by DA as well as by AA which were not either supplied not disclosed to the employees. The writ petitions filed by 'C' & 'D' are yet to be heard. Though the lapses of 'E' & 'F' (Clerical staff) were clearly mentioned in the investigation report, they were not issued with a charge sheet and no explanations were called for. Another 'G' a (then) scale III officer who was officiating during the absence of 'A' misused his powers in the same (transaction) case which were not at all brought out in the investigation report.

The online complaint was lodged in respect of the lapses of 'E', 'F' & 'G' attaching the relevant investigation reports and their enclosures.

Action of CVO on complaint referred by CVC:

In response to my letter seeking the status of the complaint, the CVO had advised that no action is required on my complaint against 'E', 'F' & 'G' mentioned in my complaint as the Bank conducted investigation and departmental action were initiated in 1995 itself against concerned employees of the branch.

I do not understand whether the CVO had gone through the complaint and applied his mind in disposing the complaint.

Query: Experts, please guide me

i. what should be my next move which would force the CVO for effective action on my complaint referred by CVC.

ii. should I approach the CVC again in this regard by furnishing the communication of the CVO

iii. whether the communication of the CVO can be produced during the argument session of the writ petitions to be heard for proving that the charge sheets were issued with closed mind.

iv. should we get a direction from any court directing the CVO to conduct proper action on my complaint and if so please furnish the details.

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Raj Kumar Makkad (Expert) 08 January 2012
You can again approach CVC in a detailed complaint or can also go to high court by way of filing a writ so that CVO may be pressurized/directed to initiate the complaint as desired.

Sudhir Kumar, Advocate (Expert) 08 January 2012
I have reasons to disagree with Mr RK Makkar. The way suggested by him can also be tried. But I believe that Writ mandamus is the solution.