GOKULDAS KAMATH (EX BANKER) 19 March 2013

Time limit for disposal of review petition

I was dismissed from the services of the bank in May 2009 after placing me under suspension in November 2007 on false and fabricated charges of fraud of Rs.15.00 lakhs.Inquiry was conducted in violation of disciplinary rules of the bank.Association leaders who were party to this fraud did not defend me in the inquiry proceedings My appeal to Appellate Authority was dismissed in Oct 2009.In January 2008,I had filed review petition to Bank's CMD.But,till this date there is no response from CMD.Hence,I have entrusted this case to my Lawyer to file the writ petition .He told me that he will be filing mandamus writ through high court of Karnataka

Since 2009,I have got several documentary evidences under RTI Act 2005 evidencing my innocence in this case and involvement of influential officials of bank,denial of principles of natural justice,conspiracy.Documents which were denied to me in the inquiry proceedings were made available to me by the bank under RTI Act 2005.Few documents I got were after preferring appeal to FAA and CIC

Even bank's illegal,unethical business practices also came to light through RTI Act which I have reported to RBI and Central Vigilance commission.These documents are given to my Advocate also to fight this case.I am confident of getting justice with the help of documents available with me

In December 2012,RBI officials arranged a formal meeting with some of Bank's top officials and me in RBI office in Bangalore to discuss my complaint against the bank .RBI officials asked me the reason for making complaint against the bank.I told them the details of injustice meted out to me by the bank and Bank's protection to real culprits.RBI Officials suggested me to submit revised reveiw petition to the bank along with copies of documentary evidences available with me and also advised the officials of the bank to ensure justice to me.On 31.12.2012,I have submitted a detailed review petition to Bank's CMD through General Manager (P) giving him the details of various new things which have come to light after my dismissal which I came to know under RTI Act.My appeal consists of 200 pages which also contains the names of officials involved in this case,details of violation of bank's own guidelines by DA and IA along with documentary evidences showing involvement of influential officials of the bank. I have requested my Lawyer to withhold the filing of Mandamus writ till he hear from me,Already 2 and half months have been passed ,but fate of my review petition is not known.I asked the concerned officer looking after the processing of petitions who told me that he has already processed my review petition and same is lying with GM (P) now who has to submit it to CMD with his comments for final decision of CMD.This officer refused to tell the details of his comments made to GM{P)on the basis of my reveiew petition and documentary evidences submitted to the bank

In this connection,I want to know if there is any time limit for Appellate Authority for taking decision on review petition .Can I proceed with filing WP/mandamus writ .Some of my ex-colleagues told that it may take 1 to 2 years before bank conveys its decision to deliquent officer.Please guide me in this matter

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GOKULDAS KAMATH (EX BANKER) 19 March 2013

Reveiw petetion was filed in January 2010 wrongly mentioned as january 2008.Sorry

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 19 March 2013

As regards prescribing procedure for review of the position regarding pending appeals, it has been decided that, apart from the provisions laid down in the Manual of Office Procedure whereby cases pending disposal for over a month are reviewed by the appropriate higher authorities, a separate detailed statement of appeals pending disposal for over a month should be submitted by the appellate authority to the next higher authority indicating particularly the reasons on account of which the appeals could not be disposed of within a month and the further appeals could not be disposed of within a month and the further time likely to be taken for disposal of each such appeal, along-with the reasons therefor. This would enable the appropriate higher authority to go into the reasons for the delay in the disposal of appeals pending for more than a month, and take remedial steps wherever necessary to have the pending appeals disposed of without further delay. In cases where the appellate authority is the President under Rule 24 of the CCS (CCA) Rules, 1965, the aforesaid statement should be submitted to the Secretary of the Ministry/Department concerned for similar scrutiny.

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