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kamalakar   24 July 2015

Illegal dismissal

Sir My Name is Kamalakar.G.I have been appointed as a clerk in state bank of india in 2009 in direct recruitment.after 6 months prohbition period i was confirmed as permenent employee. I and Branch manager was very close and in 2011 Januvary i was transferred to another branch. But my branch manager put aside the orders for 3 months.but from the pressure from union i was  transefered.before my transfer i and branch manager is having some disturbances.after transfer he allged that i have put forgery sgnatures and drawn amount from two customers account and used for my personal. an enquiry was conducted for this and the customers did not turn up for the enquiry.The enquiry officer has written in report that the allegations are not proved (forgery signatures) and partially proved (updatin pass book manually) and reported that i have not done any thing.But the assistent general manager of that region changed the reports as proved by the enquiry officer.Iam having the two reports in my hand later the police sent the signature to fsl hyderabad in which the fsl officer reported it is not possible to give any opinion on the signature basing on present standards.but presently i was dismissed from the service and the same was confirmed by the DGM of that region eventhough i preyed for justice.in this connection. i was delayed by 3 months as iam not financially fit.can i get justice in the hicourt or not



 12 Replies

Sudhir Kumar, Advocate (Advocate)     25 July 2015

there is absolutely no provision for payment of half wages during dismissal as stated by the farmer expert above. One is paid zero after dismissed.

Sudhir Kumar, Advocate (Advocate)     25 July 2015

some of your queries are commented as under

you said

an enquiry was conducted

you hve not at all stated whether proper procedure was followed or not and whether at all you were allowed to call defence assistant.

Sudhir Kumar, Advocate (Advocate)     25 July 2015

for this and the customers did not turn up for the enquiry.

The evidence of customer may not be absolutely essentail to prove the charge.  it is only on perusal of the entire record one can form a complete view 

 

Sudhir Kumar, Advocate (Advocate)     25 July 2015

The enquiry officer has written in report that the allegations are not proved (forgery signatures) and partially proved (updatin pass book manually) and reported that i have not done any thing.

Again the perusal of entire record can lead to comprehensive view.  All it appears from your post is that (i) the allegation pertained to forgary (ii) it is partially proved.  The the matter is sufficient and fit enough for dismissal from service.

Sudhir Kumar, Advocate (Advocate)     25 July 2015

But the assistent general manager of that region changed the reports as proved by the enquiry officer.

You probaly do not kno what you are saying.  if youmean what you say that the AGM substitute report "A" prepared by IO with another report "B" prepared by himself then it is forgary.

 

Please be clear if the report was changed or the disciplinary authroity followed the procedure for disagreement with IO. 

 

 

Sudhir Kumar, Advocate (Advocate)     25 July 2015

Iam having the two reports in my hand

it is the perusal of the record which can lead to some proper conlusion of what you mean.  You have chosen to be so vague that youdid not even describe what was the charge..

 

 

Sudhir Kumar, Advocate (Advocate)     25 July 2015

later the police sent the signature to fsl hyderabad in which the fsl officer reported it is not possible to give any opinion on the signature basing on present standards.

Very vague expression.  The dsiciplinary cases the police is not involved and the fsl report even if to be taken is taken before chargesheert.

 

You have not at all stated how the police came in picture.  Most likely the Bank also approached the police and the fsl report they sought is not sufficient to arrest and prosecutre you.  But this will not at all dilute the intensity of departmental case. 

You have also not stated how the signatures matching was important in this case.  Youhave also not stated whether such evidence was used by you in defenc ein the inquiry and whether.

Vague information cannot fetch you worikable advise.

Sudhir Kumar, Advocate (Advocate)     25 July 2015

but presently i was dismissed from the service and the same was confirmed by the DGM

Vague.  You have not cleared whether the DGM dismissed you from service or just rejected teh appeal against dismissal ordered by subordinagte authority.

 

 

Sudhir Kumar, Advocate (Advocate)     25 July 2015

of that region eventhough i preyed for justice.in this connection. i was delayed by 3 months as iam not financially fit

Vague.  You have not at all stated whom you approached for justice and how you were delayed for thee months.

kamalakar   25 July 2015

dear sudhir sir, the bank has allowed a defence representative from me.the defence representative stood on behalf of me and fight the case. the main allegations are 1 and 3  i have withdrawn money from the cutomers account using forgered signatures and fake withdram forms. and allegations 2 and 4 are to cover my mistakes i have manually updated the pass books .in these allegations the enquiry officer reported that 1 and 3 are not proved and 2 and 4 are partially proved because manually updating of books has been done but there is no misapproprition of funds. this is the original report where as the agm forced the enquiry officer to change the report as all allegations proved. but before changing that report one of my collegue working in rbo has sent the original report without concern of the AGM,the AGM didnot know about this that is the reason why he forcefully changed the enquiry report.and finally when i appraoched DGM and Appelled for revoke of dismissal but she did not taken care of my appeal.During the appeal period one of the customer came in front said sorry to me and Wrote a letter to DGM saying that that was his mistake and the total transactions are made by him only not by me.

Sudhir Kumar, Advocate (Advocate)     25 July 2015

now you are saying

 

" this is the original report where as the agm forced the enquiry officer to change the report "

 

what made you top earlier say that

 

"But the assistent general manager of that region changed the reports as proved by the enquiry officer."

 

you have now intimated that

" my collegue working in rbo has sent the original report without concern of the AGM,the AGM didnot know about this that is the reason why he forcefully changed the enquiry report."

Notwithstanding merits of your case your said freind is liable for disciplinary action and you cannot take the stolen document to the court.

you said

"During the appeal period one of the customer came in front said sorry to me and Wrote a letter to DGM saying that that was his mistake and the total transactions are made by him only not by me"

 

how is he relevant now since you did not produce him as a wtiness.

  1. why should he now come to you?
  2. why did he not come as witness?
  3. what for he should be sorry?
  4. has the police approached him for specimen signature?
  5. what role he had in initiation of case?
  6. How case came to the notice of Manger?

You are further silent as to

  1. whether defence assistant was of your choice?
  2. whether as per your lawyer (know service matters) a proper procedur eis following in inquiry?

You keep on coming with half facts and deprive yourself of the advise.

Amol Kende (No)     26 July 2015

Agree sir,

Kamlakar need to show clear facts in details and proof documents to show he is inocent.


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