Bnking
3 years ago
Dear sir. i am m.r.govindarji worked in state bank of india and placed under suspension on 30.03.2017. The deomestic departmental inquiry conducted and winded up without submission of defence document for my defence to me. at same time i filed a write petition for want of defence document from disciplinary authoirty in madras high court. then after the disciplinary authority forwarded the inquiry officer findings conducted in domestic inquiry to me for my defence statement and then after I one more write petition filed for stay or quash the enquiry officer finding on account of non submission of defence document. then the disciplinary authority fixed particular date for my defence statement against inquiry officer findings then i submittted provisional defence statement after that no correspondence is entertained between me and disciplinary authority. one day suddenly i received a letter from General Manager (appointing authority) by mentioning that i propose to impose the penalty of dismissal in terms of rules of state bank of indida officer seivce rule and appear before me for persona hearing and make submission if any , due covid 19 i asked the GM to postphone the personal hearing. In this circumstances, what can i do, may i file one more write petition against the General Manager letter for getting stay order or can i make submission of my defence statement. is there any possible to get stay order against General Manager letter without submission of defense document if I approach court. so Kindly advice me please what can i do in this situation.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You simply send a letter or E-mail seeking an extension of time for a personal appearance in order to comply with the lockdown.
If they fail to adhere the same, you may file a writ petition.
You need to obtain a stay by way of writ given the fact that you have submitted the provisional defence statement and you should seek stay on the proceedings and of the order passed by the disciplinary authority given the fact that you have not been granted any personal hearing and that the authority had not provided you any opportunity for presentment of evidence and as such the proceedings have been held contrary to section 68(2) of STATE BANK OF INDIA SERVICE RULES, 1992
Hope this information is useful
The Inquiring Authority shall also record an order that the officer may for the purpose of
preparing his defence :
It is highhandedness so you must immediately approach the High Court and also appellate authority to get stay. Even if it is disposed and report is given it is invalid but on such illegal report you will be dismissed. Please discuss with me. Please give me Rank 5 if you feel my answers also helped you
====================================================
HANDBOOK FOR INQUIRY OFFICERS AND DISCIPLINARY AUTHORITIES
GOVERNMENT OF INDIA INSTITUTE OF SECRETARIAT TRAINING AND MANAGEMENT (DEPARTMENT OF PERSONNEL & TRAINING) MINISTRY OF PERSONNEL PUBLIC GRIEVANCES & PENSIONS
https://dopt.gov.in/sites/default/files/Vigilance_Handbook-2013.pdf
HANDBOOK FOR INQUIRY OFFICERS AND DISCIPLINARY AUTHORITIES INDEX
==============================================
Karnataka High Court
D. Muralidhar vs Central Bank Of India on 4 January, 2005
Equivalent citations: 2005 (2) KarLJ 47, (2005) IILLJ 408 Kant
44. In this case, the findings of the enquiry officer is not based on any evidence which was adduced before him. It is merely based on his assumptions and presumptions. It is incumbent on the enquiry officer to indicate in his report as to what is the evidence on which he is relying upon to find that the charge-sheeted officer is guilty of the offences. In my view, the findings of the enquiry officer is based on no evidence whatsoever and therefore, the same is perverse and cannot be accepted. Based on these perverse findings, the Disciplinary Authority could not have imposed any punishment much less punishment of dismissal from service on the petitioner. The Appellate Authority, while confirming the order passed by the Disciplinary Authority has not appreciated this aspect of the matter. Therefore, the impugned orders cannot be sustained. Accordingly, the following:
ORDER I. Writ petition is allowed.
II. The impugned orders passed by the disciplinary authority dated 20-10-1999 as well as the Appellate Authority 19-2-2000 are set aside.
III. Consequently, it is declared that petitioner is entitled for all the monetary and service benefits from the date he was kept under suspension till the date he retired from service on attaining the age of superannuation. Thereafter, petitioner is entitled for terminal benefits as provided in the Pension Rules of the Bank.
IV. In the facts and circumstances of the case, parties are directed to bear their own costs.
Naveen Sharma
Responded 3 years ago
Narendra Dubey
Responded 3 years ago
But as your quiry
1) you can challenge the letter com order before central administrative Tribunal if u r employed under the central government.
2) You can file another writ petition for challenging the said Letter/order.
Regards
Adv Narendra
Compassionate appointment
Education Loan OTS
Sbi account put on stop by cyber security
My bank account got freezed
Bank loan harassment
