Internal enquiry
Querist :
Anonymous
(Querist) 15 January 2012
This query is : Resolved
SIR,
BEING BANK OFFICER WORKING AS BRANCH MANAGER, I WAS CHARGED WITH CONNIEVANCE WITH MY SECOND IN COMMAND OF THE BRANCH AND PAID EXCESS INTEREST TO THE DEPOSITOR. ON MY PLEA THAT I WAS NOT PARTY TO THE TRANSACTIONS BUT I BEING BRANCH HEAD TOOK MORAL RESPONSIBILITY. THE CHARGESHEET WAS UNDER REGULATION 8 IN WHICH NO ENQUIRY WAS HELD AND ONLY ON THE BASIS OF OUR STATEMENTS BANK IMPOSED PANELITY OF 50% RECOVERY FROM EACH OF US. WE APPEALED TO THE APPELATE AUTHORITY WHICH IS, AS EXPECTED, REJECTED.
MY QUERY IS NOW CAN I PROCEED IN THE MATTER DEPARTMENTLY OR HAVE I ANY OPTION TO GO TO COURT. I HAVE POSTED 2000 KM AWAY FROM THE BRANCH WHERE THIS INCIDENT TOOK PLACE. WHAT ARE THE REMEDIES FOR ME NOW. PLEASE GUIDE.
M/s. Y-not legal services
(Expert) 15 January 2012
first you involve your self to department enquiry.
if you feel you have merits but your higher officials failed to consider your merits mean you can challenge your impugned transfer order by invoking your writ jurisdiction..
-tom-
mahendrakumar
(Expert) 15 January 2012
make an appeal to your higher authorities in the bank.
if nothing comes out of the same and amount suffered by you justify it,then try remedy as suggested by dear Mr.Tom.
Devajyoti Barman
(Expert) 15 January 2012
If there is patent violation of your Service Rules then you should approach the CAT for obtaining necessary directions upon the Enquiry Committee.
Sudhir Kumar, Advocate
(Expert) 15 January 2012
I tend to disagree with all the three experts above although they advised the best possible. This appears to be a case of minor penalty chargesheet followed by confession by the charged officer. If he is manager then CVC may have been consulted as this is overpayment case (if he is in Govt Bank) In this case no Inqiry infact was needed. Inqiry would have been needed if he denied the charge and requested for inquiry to prove innocence. Now he practically appears to be deprived of the change of challenging evidence. The penalty has been imposed based on confession and he has no right to challenge the same on merits. He could have challenged the procedure if Inqiry was needed. He can challenge only the quantum of penalty which in any case does not appear to be very harsh. Being bank employees (even if Govt Bank he has not stated the name of bank) he is not in the jurisdiction of CAT. Even if appeal is rejected still he has a chance to file Revision Petition under CDA Rules adopted by bank (if he is in Govt Bank). Such petition should be well drafted. He may seek help of some learned friend.
Querist :
Anonymous
(Querist) 15 January 2012
SIR,
SH. SUDHIR KUMAR IS NEAR TO MY ACTUAL POSITION. THOUGH THE PANELTY IS IMPOSED ON CONFESSION, YET THE CONFESSION WAS BASED ON MY POSITION AS BRANCH MANAGER. BRANCH MANAGER IS MORALLY RESPONSIBLE FOR ALL THE ACTS/HAPPENINGS IN THE BRANCH. HERE MY SECOND MAN WAS SENIOR TO ME AND I BELIEVED IN HIM AND TRUSTED HIM IN INNOCENCE. I TOOK MORAL RESPONSIBLITY FOR THE ACTIONS OF MY SECOND IN COMMAND. I STRAIGHT FORWARDLY DENIED MY ROLE/PART IN THESE TRASACTION. EVEN THEN I WAS NOT GIVEN RELIEF. MY ENTIRE CAREER IS AT STAKE.I JUST WANT TO PROVE MY INNOCENCE. EVERYBODY KNOWS THAT IN BANKS, THE EXECUTIVES BELIEVES IN HERESAYS. THEY CONCLUDED THEIR OWN WAY EVEN BEFORE THE ENQUIRY IS COMPLETED. I AM VICTIM OF CIRCUMSTANCES. MY ENTIRE SERVICE IS UNBLEMSSHED. NOW I AM IN SERIOUS TROUBLE. NO BODY SEEMS TO BELIEVE ME. PLEASE GUIDE WHAT TO DO.
venkatesh Rao
(Expert) 15 January 2012
Please put the factual details and attach your replies and the orders of the Bank for recovery from your pocket. No guidance can be given on surmises and conjectures.
Raj Kumar Makkad
(Expert) 15 January 2012
I do not find any room for me as all aspects of the query have already been discussed by learned experts.
Querist :
Anonymous
(Querist) 17 September 2012
SIR,
CAN I GET SERVICES OF THE EXPERT ADVOCATE IN MY MATTER.
PLEASE CONVEY CONTACT NO ETC OF SUCH ADVOCATE
Guest
(Expert) 17 September 2012
Since you have already exhausted the official channels by making appeal to the appellate authority and got his decision, you can now file a petition if appropriate forum, i.e., CAT (if your bank falls within the jurisdiction of CAT) or HC, if CAT does not have its jurisdiction over your bank's service matters. But, it is advisable, please do so only if you feel that there is no fault of yours in the act or the internal domestic/ departmental inquiry proceedings were faulty in nature and not made according to the set procedure in the CDA Rules of your bank.
Sudhir Kumar, Advocate
(Expert) 17 September 2012
You admit that it was your moral responsibility. It was your legal responsibility as well. With this argument you have no merit of the case. You did not want to defend and confessed. The Bank has givne a very light penalty.
The Bank could have gone for major penalty and even dismissed you from service on the charge of embessling bank money in favour of account holders. FIR could also have been registered terming it to be a case of breach of trust.
So be cool.
