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peddasai (NA)     18 May 2011

SERVICE LAW - PUNISHMENT - DOUBLE GEOPARDY

I worked for State Bank of India for 17 years  .  The service Rules says,employees or officers have to complete 20 years of service for becomng eligible for Pension.

I was suspended in the month of June 1987 and was removed from service in the year 1991.  Due to non-supply of Enquiry Report, I approached High court which set aside the removal order quoting " this judgement does not perclude the Bank for conducting enquiry from where it faulted"

They served another letter saying that I was under "deemed suspension" and gave me the enqui ry report asking me to give reply.  After i submitted my reply, the Bank reinstated me in service giving me and fixing me in 6 stages lower scale and said the suspension period does not count for service. 

They served another removal ordert and removed me from service after keeping me in service for six months.

The first enquiry was closed and ended.  The Second enquiry on different charges  was started in between and closed.

Afte closing of the second enquiry, they have given punishment on first enquiry which was challenged for not supplying enquiry report and the Bank reinstated me.  After six months, they removed me from service on the findings of second enquiry.  which I fought in High Court, and lost (party in person)

I would like to ask the learned counsels, giving a punishment of 6 increments, and not counting the suspension period as service, -- will it  not tantamount to the Doctrine of Double Geopardy?.

Two punishments for the same crime( if at all committed). 

If the suspension period is counted into service, I shall be eligible for pension., as I would have completed

more than 20 years of service.

Kindly let me have your valuable opinion.

With regards,

PEDDASAI

 

 



 8 Replies

pervez (adviser)     18 May 2011

Dear, In yr case, the charges might be different.. Each charge can carry different punishment, depending upon severetiy... Also see yr internal staff regulation which may provide punishment..... 

regards

peddasai (NA)     18 May 2011

Respected Pervez Sahib,

       Thanks for replying.  Yes Sir, you are right.  Two Charge sheets contain two different charges.  I am clear about it.

      I am not clear about the first punishment given.  They gave me a punishment of 6 increments (Lower stage fixing) and not counting the service of about 5 years spent on suspension while Departmental Enquiry was being conducted.  Does it not tantamount to Double Geopardy.  6 increments cut and not counting service, the period spent on suspension.  That's where I am not clear.  I fought the case in High Court appearing for myself due to financial difficulties.  Kindly help me. 

M. Munikrishnan (Bank Executive (Retired))     19 May 2011

I was suspended in the month of June 1987 and was removed from service in the year 1991.  Due to non-supply of Enquiry Report, I approached High court which set aside the removal order quoting " this judgement does not perclude the Bank for conducting enquiry from where it faulted"

They served another letter saying that I was under "deemed suspension" and gave me the enqui ry report asking me to give reply.  After i submitted my reply, the Bank reinstated me in service giving me and fixing me in 6 stages lower scale and said the suspension period does not count for service.

1) What is the reason for suspension as per the Suspension order of Jun 1987.    Why deemed suspension- where you under arrest?   full details not available.

2) Whether domestic inquiry was held in your presence?  full details required.

3) If the punishment was awarded  without giving due opportunity to defend on the findings in the inquiry report,  it is denial of fair opportunity and denial of natural justice.  Therefore, the punishment awarded later can also be treated as biased.   Further, the basis of not counting your period of suspension is not stated. 

4) It  also appears that inquiry as directed by the Court is not conducted and the same is not objected by you. You should have taken proper guidance at this stage.

As I know, SBI Officers Association is strong.   You should be able to take their assistance on all these issues.  

Unless full  details are seen and known, guidance will lack focus.  It would be advisable to take help locally so that the entire correspondence/documents can be seen and discussed..

Kirti Kar Tripathi (lawyer)     22 May 2011

I am unable to understand as to why you lost your case. Could you please provide the entire facts and copy of the judgment? 

Kumar Doab (FIN)     22 May 2011

Kindly follow the advice of Mr. Tripathi, and post the details in forum.

M.R.Badi (Guest Faculty)     14 August 2011

To Ped Desai,

Where is the provision to punish with 6 increment in service rules , And in any major punishments one of  it is maximum 4 increment in future of past, is available, whether your case is disposed off in any court of law/ please contact.

M.R.Badi

banking_faculty@yahoo.com

 

SUDHIR DHAKA (EXECUTIVE SECRETARY)     30 September 2011

Dear Desai,,

 

You please go on google and type the following. The judgement in the said case has been delivered by delhi high court and you will be very glad to see the same. Hope, the said judgement will help you a lot. In case you do not find out the same pl let me know on my email: sudhirdhaka@gmail.com and the copy of the same will be sent to you by me. 

Dinesh Kumar Kain vs Assistant General Manager, ... on 21 April, 2006
 
Yours
 
SUDHIR DHAKA

Sudhir Kumar (Retd Govt Officer)     18 November 2011

Your presentation of facts is sketchy.  None can give useful avise on this and you are likely to be harmed by half advise based n half facts.


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