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Viraat Ji Godara   05 June 2021

Advice for filling case in high court against bank decision

hello lawyers,

i am here to discuss my case. i want to file an appeal in high court against bank decision of "removal from service which shall not be disqualification for future employment. i am requesting you to before giving right & helpful advice please read my case carefully. first i clear you my situations before telling you my case:

sir, i joined the bank in august 2013 as JMG scale 1. i successfully completed my probation in 2015 and in April 2017 i got transferred to branch office Moga(Punjab). i verbally told to my seniors that i am not right person to handle a JMG Scale 3 branch in such a less time period experience but they denied my request and i joined my duties as Scale 1 incumbent incharge. In branch staff i have only 2 clerical female staff only. there are no field officer and no any other officer was given to me to run a Scale 3 branch. all banking function was handled by me because i was the only passing officer. i am fully fully upset because of this. i had to handle all customer dealing, all field work, loan recovery, court cases, banks meeting, day open and day end activities.my leaves was rejected by office because of verbally reason that i am single officer in branch and how the branch run if you are on leave. my paternity leave was not sanctioned because of this reason. even i have no words to describe my situation of that time, a district level branch which is scale 3 was handle by a single scale 1 officer. after that my seniors from regional office and head office start making pressure for new loan and advances. i was doing the same in routine way but they making pressure to do more. if any week i am not able to sanction any new loan they stop my branch day end activities. i am only officer who had both authority of recommendation and sanction.in banking all work have to done with to signatory but in my case i am only in all case.

In this time period, i sanction 4 agriculture case. The story of all cases are same, so i am here telling you only one of them. A person named Sikander singh S/o Tara singh visit the branch and requested me for agriculture loan and limit. i checked the property documents which are okays. i also checked the property documents on Punjab Land Record official government website i.e. plrs.org. the record of property found okay and same as record jamabandi given to me by the person. i requested sikander singh for open saving fund account first in my bank. they given their Aadhar card and pan card for this. i told them to go on accounts counter. Sikander singh give Aadhar card and pan card to my clerical staff for opening the account. My Staff check the both and enter the Aadhar details in Ekyc portal. After entering aadhar number in portal thumbs impression was taken on Ekyc device for checking authencity of aadhar card. In 2017 bank and GOI issued circular in banks that all saving funds accounts are open only by though Ekyc because it is most reliable document and producers. so we follow the same for opening the account. The details shown on Ekyc portal was of Sikander singh. so my clerical open the account.  Next day i visit to sikander singh house for checking the property. sikander singh show me the agriculture land and house. i also visit to Numberdar( government authorize person in village) for inquiry of the agriculture land and they give verbally yes that the land belongs to Sikander singh. After visiting the land and house i go to revenue department for checking the land record. Patwari show me all records of land and i found same as sikander singh given to me for loan. after doing my field work, sikaner singh visit my branch after two days. i told sikander singh to visit any of bank panel advocate for legal report of land. they did the same and take the legal report of panel advocate. i call the advocate for confirmation of certificate the advocate accept it that the land record is genuine and he personally verified the record from revenue department and from patwari's record. the same was also return in his certificate that he personally visit the department and verified the records.  after that i issued a mortgage certificate in name of sikander singh in favour of bank to the Joint Sub Registrar Office. they accept the mortgage letter with and enter in their record with reference number & date and send to concern Patwari. Patwari accept the letter and enter the mortgage in favor of bank and also update the same on online portal i.e. plrs.org. The updated mortgage letter with updated Jamabandi come in my office, I checked the jamabadi and also on online portal the found correct. i call the advocate to issue a certificate of mortgage. Advocate issued the certificate that he personally verified the record from patwari and found that the mortgage done in favor of bank. After that loan disbursed.Amount are disburse in cash and transfer.

this all done in all other three cases. In may 2018 i got again transfer. in June 2018 i got information that 4 agriculture loan identified as frauds. i got shocked. i visit my previous branch to check the information. This time a special investing going on to check the cases. i asked the inspector that what really happen, then inspector told me which is really shocking. the story was again same so one of them is: A person named jagtar singh S/o Kundan singh get connected with revenue department official person and patwari. Patwari give property records of sikander singh which stands FALTU in records. after that jagtar singh modify their Aadhar card with help of UIDAI official person in name of Sikander singh S/o tara Singh. They also reckon in village Numbardar in the gang. 

Now the story which i told you early was gone different. Jagtar singh who impersonate himself as sikander singh visit the branch. give the documents of sikander singh. i checked the documents official and punjab land record official site show me the record of Sikander singh. At that time before sanctioning of loan their is no report entered by revenue department that this land stands FALTU. I visit the village for checking the agriculture land. the land which was shown to me was not belongs to sikander singh. Numberdar who is also member of the Gang told me lie that the lands belongs to sikander singh. Patwari also show the fake records of sikander singh to me. when the accounts open by Ekyc the portal showing the record of jagtar singh which was got modify by UIDAI officail in name of sikander singh. in reality their is no sikander singh and loan exist.

after knowing this i visit to Joint Sub registrar office to check the record of mortgage. they show me record that the mortgage request comes and we do all in manner. then i told the story of this records. they also get shocked. i requested for meet the higher official then they told me to visit after 2 days. after two days the Higher official issue a letter to patwari to enter this record in official site as FALTU. i requested to take some legal action on this, they simply told that is a simple error and we don't taking any action on it. i again requesting him that the loan amount was disbursed but they denied. i said their that  it is fully means that before sanctioning any loan we have to take an official certificate from your office that the land which will going to be mortgage will never been entered as FALTU in future. If the land was FALTU then why your office accept  bank request letter for mortgage of land. they simply ignore their mistake. after that i visit to patwari office and again i got shocked that the patwari who show me the record got retired and get settle out of India. The new patwari said that he don`t know anything about this and enter the FALTU report on record and on official site. 

In November 2018, bank suspend me with tabular. i give reply the tabular on 04.01.2019. On 07.06.2019 a chargesheet issued on me with 4 article i.e due diligence, not ensuring pre-sanction follow up, not ensuring post-sanction follow up, loans beyond the commend area, in this chargesheet their are 9 charges, i simply denied all the charges After that an inquiry was conduct on me on 28.08.2019. Their two management witness 1st. investigation  inspector and 2nd branch head  of Moga branch. investigation official said in his witness that this all was done by gang. and its was very hard to detect the fraud in routine manner. also 2nd witness didn't give any prove of that the fraud was occurred by me.

Bank also filed application in all cases to SSP. SSP transferred the to Anti Fraud Cell. Bank also give my name in these applications. After 6 months of police inquiry, they submit their report. in this its clearly written that "we check all the facts and documents and we did not found any type of collusion of previous branch manager, the fraud was done by borrower with the help of revenue department and  UIDAI officials. and this report submitted to SSP office. the copy of this report send to my head office.

Here bank inquiry was got completed. in October last i was called for personal hearing for in front of general Manager.  But in reality they didn't listen me. they simply said this is your final punishment and we are not free for hearing your story and after 2 min they said you can go now. after that i appeal to higher authority on 01.12.2020 to review the punishment order and mercy on me. but higher authority didn't call me for personal hearing and reject me appeal in april 2021.

Police submit their final report in 2018 but bank not filling FIR against the fraudsters. banks just want to close these files by giving me punishment. they don't want to file any case in police or court against fraudsters. every senior bank official person from which i discussed my case told me that the punishment was too big for this part of your side, bank just want to close this fraud file so they removed you. you have to go in court against this punishment.  

their are many more facts which i unable to write in this because of length. i just want to appeal in high court against this order. please advice me. what to do next.

email me viraatgodara786@gmail.com   



 5 Replies

Dr J C Vashista (Advocate)     06 June 2021

Too long a story to go through and oblige.

It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

Sankaranarayanan (Advocate)     06 June 2021

yes better to write your query with crispy . better to consult a local lawyer and seek advise 

G.L.N. Prasad (Retired employee.)     06 June 2021

First of all, I am very sorry to learn about the sorry episodes.  I am sure that you will certainly be reinstated as the punishment is very severe in nature without collusion and fraud.  I have not known a single rural branch in India, where these kinds of frauds has not taken place in the past.  I have also not heard of such termination of a manager without charge of collusion and corruption. There is undoubtedly negligence as the sanctioning authority's bounden duty is to obtain fundamental documents relating to KYC.  Had the branch followed KYC norms and done pre-sanction and post-sanction field inspection, this fraud should have never taken place.

You have to contact your Association and if they are not co-operating any Central Officers association like (AIBOC/AIBOA) and they might have attended to thousands of such cases and they are aware of the procedure to bring you out from the problem and they can suggest you, suitable advocate.  If possible make a personal visit to convince them by preparing three or four folders with all such documents right from Memo/charge sheet to termination in a bound form with page number and index.  When there are fugitive borrowers that looted crores no action was taken by Management like termination and I have yet to hear of even allegation of simple negligence against all those tens of officials who must be aware of such fraudulent transactions.

Even in private sector banks, if there is no collusion and fraud, management unofficially asked those involved managers to remit the amount in those accounts from the manager and close the account, and simply issued a charge sheet and closed the cases. with minor punishment.

I am afraid that in your very long essay nowhere have stated the amount involved and as to whether you have followed laid down pre-sanction and post-sanction rules.  Search in google for similar cases and acquire basic knowledge and then meet your Central Association office bearers without wasting time.  If you are innocent, you will certainly be reinstated with one increment cut and certainly a reasonable fine.  You may be requiring further information from the branch on those accounts, be in touch with sympathizers at the branch.

1 Like

Viraat Ji Godara   06 June 2021

Thanku so much sir for your advice

T. Kalaiselvan, Advocate (Advocate)     07 June 2021

It is really pathetic  to read your story, but it is a fact and you have to accept it cursing your fate.

However never conclude that all the doors of justice are shut.

You may collect all the evidences involved in this sordid and fraudulent episodes and also prepare your pleadings mentioning the hostile attitude of the employer who was reluctant to listen to your pleas.

You can also add that despite the fraud is obvious, the bank failed to take criminal action against the fraudster through police but it was hurrying to close the case  in the name of punishing you and removing you from service.

You may file a writ petition before high court seeking its intervention and the relief of reinstatement as well as justified remedies to all your mental agonies too.



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