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K narender   15 May 2020

regarding charge sheet

i have disbursed 2 installments for house construction within 2 days.He has purchased rawaterial with more than disbursement amount.But it has identified in november by auditor.at that time no progress of work due to borrowers health problems but i disbursed two installments to procure rawmaterial.
now management charge sheeted against me.
even though total construction completed and the value of total construction including land value is more than 1.5 cr,but our loan is 25 lakhs only.


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 6 Replies

Salil Dabke   16 May 2020

Ask them for one time settlement under sarfasi Act

P. Venu (Advocate)     16 May 2020

Please post the complete facts so that a meaningful suggestion could be made.

G.L.N. Prasad (Retired employee.)     16 May 2020

Members of this forum without knowing complete facts can not decide or guide on such allegations in the charge sheet.

While disbursing the loans, every bank prescribes the stages on which such a percentage of disbursement has to be made.  Ex:  Foundation. 15%, Lentils 15%, Slab 30% etc.

As far as I know, no bank prescribes disbursements for the purchase of materials, and the presumption is such bills can easily be faked (Sand, cement, bricks).

If the disbursement officer is really sincere and honest, he may offer explanation by asking the Management to depute Civil Engineer from a different locality who is in a panel of the bank and get a report on actual costs of raw material stored in the site. The engineer's report is No.1.  Then the charge-sheeted officials may collect the medical bills, prescripttions or insurance claimed amounts to establish the reasons for slow progress.  Finally, he may request for taking the violation leniently as there is no malafide intentions and the funds were never diverted.  Depending on the progress, if the borrower is willing, the official may request the borrower to credit the excess drawn back to the bank.

Depending on the facts Association representative can guide you better.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 May 2020

Originally posted by : K narender
i have disbursed 2 installments for house construction within 2 days.He has purchased rawaterial with more than disbursement amount.But it has identified in november by auditor.at that time no progress of work due to borrowers health problems but i disbursed two installments to procure rawmaterial.now management charge sheeted against me.even though total construction completed and the value of total construction including land value is more than 1.5 cr,but our loan is 25 lakhs only.

 

1. Since Construction is completed and apprehensively Loan Amount EMI is being repaid to Bank, it can be legally concluded that Bank did not or has not suffered any losses of any kind, from your decision, as long as the Loan was legitimately passed.

2. By virtue of the above, any charge sheet on you for misconduct /duty dereliction /misappropriation /whatever.... CANNOT be proved and is legally not sustainable.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

KISHAN DUTT KALASKAR (Advocate)     16 May 2020

Dear Sir,

You have not done any favor to him. Share the charge sheet and get a stay on such charge sheet and see that you are not suspended. 

G.L.N. Prasad (Retired employee.)     16 May 2020

Violation of sanctioned terms and conditions for disbursement is clear as HR dept., thinks twice before charge sheeting any employee, and the first priority is always protecting concerned official who has violated disbursement clause, but there is no malafide and there is no financial loss to the bank.

But when auditors find a fault, the bank must state action taken against an official for such violation, as RBI first goes through individual regular audit /inspection reports and finds the process of rectification and violations.

The bank should justify it's the reason for not taking any action against errant official and it is just a formality and a charge sheet has to be issued, an inquiry has to be conducted and at the most, the punishment will be stricture after getting a formal admission and apology letter from errant employee.  It is just a formality.

A violation is a violation for the purpose of vigilance.  There is a violation and because the bank is lucky and the borrower is good amount was recovered.  Because the stolen purse is returned, we can not overlook theft."


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