MISCARRIAGE OF JUSTICE

RAHUL AGGARWAL (Querist) 24 February 2011 This query is : Resolved
I worked for 16 years in syndicate bank joining directly as P.O in 1983 and received commendations for giving good performance during my tenure in different positions as Officer –In-charge and Manager till Dec.1998

I was thrown out of the job after framing flimsy charges when I submitted my resignation in June 1998 in order to take a very good assignment with Pvt. Sector Bank. Disciplinary Authority assured me to relieve after admitting the charges as otherwise facing enquiry etc. will take longtime which may result in to losing the offer so keeping in mind the good offer being in hand I believed the words of Disciplinary authority and submitted conditional admission that since I have tendered my resignation I do not want to contradict the charges and requested for immediate relief .But Higher authorities did interfered in the decision of Disciplinary Authority and issued instructions for conducting enquiry, although Disciplinary authority propose to relieve me as per letter dated 21.07.98 As per documents on records the bank ordered a so called enquiry .It is worth noting that the enquiry was completed within 3.5 hours starting from10.30 am to 2.00 pm that too during my absence as I was sitting with a officer at Rashtrapati Bhawan during the time of so called backdated enquiry .This clearly shows malafides and violations of Principal of Natural Justice as 1917 documents were supposedly examined within this short period which is humanly impossible in normal course. I did signed on these backdated enquiry papers as CMD personally assured me to relieve me and my offer was still open .

But Bank did not fulfilled the assurance given by the CMD Mr. K.V.Krishnamurthy and officers of bank who made me victim of circumstances managed orders of my compulsory retirement after about a month on the basis of this backdated enquiry which itself is questionable. As by this time my Offer of Pvt.Sector bank was withdrawn I did made a review appeal before the CMD rebutting all the charges with documents and informing the facts about backdated enquiry .CMD was pleased to set aside the Compulsorily retirement orders and issued instructions for my Reinstatement in to the services of the bank after awarding minor punishment of one increment cut for one year. But it was my misfortune that due to some officers with malafide intentions misguided the CMD by informing that I had indicated to resign from the services .so although CMD Set aside my compulsorily retirement orders I was relieved from the services on the same day of rejoining the duties although no fresh resignation was submitted and the first and only one submitted on 22.06.98 was rejected on 11.8.98 itself.

I did took my grievance to Hon’ble Delhi High court but it was unfortunate that these basic facts which clearly establishes that I was made a victim of circumstances were ignored by the Hon’ble High court because my case was not properly presented by my lawyer while bank using its vast resources engaged a reputed lawyer having good face value as a result court ignored all the real facts and imposed costs also as a result which my LPA and SLP were dismissed in limine without giving me any chance to place the facts before the Hon’ble courts.

To establish my contentions I did get bank documents through RTI act .In one paper Bank confirms that I was relieved by accepting my resignation dated 22.06.98 while vide letter dated 11.8.98 bank rejected the said resignation . As such bank action of relieving me on basis of resignation which was rejected in writing by the bank itself is not justified as per the normal practice .

I need your expert view that on account of having bank's documents itself to establish that I was made a victim of circumstance and my relieving was against the norms as it was on rejected resignation.
The Hon'ble Judge had due to fallcy of Human error and being influnced by bank's vast resources had treated a letter of date when I was not in service and requested for permission to resign after getting back in to services.I did rejoined on 28.12.98 but was relieved on the same under the pretext of acceptiong my resignation submitted earlier which was in fact rejected earlier.
Please advise me can I go for filing fresh writ on the basis of documents under rti act which establishes that my relieving was against the norms as one can not be relieved on rejected resignation.
Your personal favour in this matter will help me fulfilling my moral obligations towards my family as I am moving from pillar to Post for getting back my job.

Regards

Rahul Aggarwal
rahulagg2@gmail.com

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