departmental inquiry of the nationalised bank
NAYAK MAFATLAL GORDHANDAS
(Querist) 09 March 2011
This query is : Resolved
Sir, I am bank branch manager under suspension w.e.f.25/11/2009. Bank issued me chargesheet on 16/04/2010. No reply is submitted for the want of supporting documents. Without taking reply for the chargesheet, Bank has started departmental Inquiry. In the begining stage, due to ill-health, I do not remain present in the Inquiry proceedings, but after getting well, I started to attend it. IO asked me the preliminary questions regarding: have you received the chargesheet, have you read and understand the charges, have you any defence representative, In reply, I told that chargesheet was issued to me after143 days of my suspension, English terminollogy of the chargesheet is not understandeable, so ask for hindi translation. Hindi translation was given to me after 43 days after my request for it, which bears so many material mistakes and mis leading information in comparision of original one. IO and PO ignored my requests for supporting documents and correct hindi translation, continued at their own mind. IO & PO are going to the homes of the parties which are management witneessess and taken the statement against me.
Sir, please guide me that the act of IO & PO is legally valid? Can they go to the home of the parties inspite of place foxed for the Inquiry? What is the legal protection to me? What is tobe done by me in the present situation. IO has informed me that next will the final and last inquiry proceedings, now what to do by me.
Please guide me in the matter, Sir.
Thanks a lot.
Kirti Kar Tripathi
(Expert) 09 March 2011
Though there is no prohibition in going witness home for taking evidence but is is/was incumbent upon them to inform and provide opportunity to you to cross examine the witness. If you have been given opportunity to crass examine witnesses. There is no illegality on this score. But not providing true and correct version of charge sheet and document sought, if relevant certainly lead the inquiry illegal and against the principle of Natural Justice.
malipeddi jaggarao
(Expert) 09 March 2011
Whether you have given any reply to the charge sheet in Hindi?
Have you nominated any defence representative for your defence in the inquiry?
Whether you have submitted your list of documents for defence to IO?
Whether IO admitted or rejected your request for defence documents?
Whether the PO closed his close?
You request the IO in writing under his acknowledgement to supply you the defence documents giving the reasons for such request (linking the requested documents to the charges). For further assistance please contact me :jaggraom@gmail.com
09490753458
Uma parameswaran
(Expert) 09 March 2011
At the end of each and every proceedings you shall get opportunity to explain your part.At that time you can by yourself or with the help of a lawyer can give your explanation.
Guest
(Expert) 10 March 2011
Dear Nayak,
So far as the preliminary hearing is concerned a right procedure was adopted by the I.O., as it was his duty to confirm from you about the receipt of the Charge Sheet and having been properly understood that.
The P.O. was also supposed to handover at the time of preliminary hearing, in the presence of the I.O., the copies of the documents listed in the charge sheet with the support of which the charges were proposed to be proved.
The action of the I.O. is questionable if he goes to the homes of the witnesses to record their statements in the absence of the charged officer. In the departmental inquiry, unless it is an ex-parte case, any proceeding by the I.O. has to be conducted in the presence of the C.O. If not, the I.O. can be termed as a biased person. In that case you can request the Disciplinary Authority to change the I.O. giving the reasons in writing about his biased working in connivance with the P.O. I.O. should have to conduct inquiry in an impartial way.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
