BANKING BANKING

3 years ago

Dear Sir.
I am so & so worked as officer marketing & recovery in state bank of India on contract basis for two year from 2008 to 2010 & then permanently absorbed as a specialist officer RMRO (Rural marketing & recovery officer) placed under suspension on 30.03.2017 on account of some allegation framed 8 charges. Charge No.1. Officer failed to obtain loan document in respect of loan handled by him. But document was missing in that branch but on criminal angle they framed charges like failed to obtained document. Charge No.2. Official failed to ensure safekeeping of loan document. In this charges mentioned all account sanctioned even before my contract period appointed in the bank. Charge No.3. The official disbursed some amount kcc loan account to borrower savings account by affixing his signature. But official failed to notice the borrower already expired in 2006. But this loan was closed on 2016 by somebody else before my suspension, in this charge a women wife of said to be deceased visited branch with male person he illiterate person said to be borrower both of them cheated bank & wife of said to be deceased person also availed one crop loan on same day of deceased person loan availed date. Charge No.4. The official unauthorized transferred an amount of Rs. to third party savings account from deacead account holder with permission of LTI thumb impression available on debit voucher of said to be deceased person savings withdrawal voucher and third party is an advocate and also borrower of the branch and availed himself and his family members crop loan and other loan nearly Rs.27.0 lacs now this all account turned into NPA and new savings account opened in nearby SBI branch (second branch ) and repaid the loan amount of said to be deceased person loan with interest from second branch. By seeing this transaction from first branch manager put hold on third party account in second branch. Then the borrower advocate filed a write petition on March 2017 in madras high court in his affidavit mentioned to release holds on account of insisting me and my family members defend on agri income and bank also filed a affidavit with all loan details with interest Rs.27.00 lacs and some kcc loan reviewed on 26.03.2013 but I was transferred form first branch on 26.07.2012 to some another branch of sbi. In bank affidavit mentioned that the kcc reviewed means all formalities completed on account EM creation, without creation of EM kcc loan can’t be reviewd. Without disclosing this all information the bank blamed & charged me that EM (equitable mortgage) was no done in charge no.5 and 7. So bank side also confirmed that everything is correct in charges of 5 &7 in court affidavit filed in madras high court and judgment came in favaour of banker side due to petioner is already defaulter and action taken by bank is correct under some section. Why I am telling this all those things, the 27 lacs also framed against me in my charge scheet No. 5 & 7. Charge No.5. Official failed to ensure extension of EM for loan sanctioned to the borrower. Charge no.6 .the official sanctioned agricultural loan beyond his discretioany power. But actually this loan was sanctioned by RCPC ( Rural credit and processing centre, a separate wing is available for sanctioning purpose on account of quality of advance) but blamed this loan sanctioned by me. But registered mortgaged was done in favouar of sbi branch so no loss to the bank. Moreover borrower ready to pay loan on compromise settlement. Charge No. 7. The official failed to obtain sanction and submit control form, compiles assets and liability, complile opinion report, and violated bank extant norms. Charge No. 8. is cumulative of all charges from charge No.1 to 7 incorporated in this charges. My Role and responsibility was only sourcing and verify and explore potential of agri business in the bank operational area, recovery of NPA account and liaison with various government departments for business purpose. I have no sanction power and I have no custodian loan document as per my role & responsibility mostly my role is out of branch not in side branch, but branch manager extracted work from me for all segment per segment , SME, Agri segment against of my role and responsibility. As per my role and responsibility I can assist the borrower for flling loan document only if the branch manager asked me. My signature available in housing loan document, Education loan document, SME loan document on instruction from branch manager. in the same way I have put my signature in place of sanctioned authority place on account of instruction & threatening from branch manager in charge No.6. After 8 month from suspension, FIR filed on November 2017 against me in local police station crime branch by branch manager of SBI. Still now April 2020 No charge sheet filed in the court by police. Then the deomestic departmental inquiry conducted and winded up and concluded without submission of defense document for my defence. At same time I have filed a write petition for want of defense document from disciplinary authority in high court. Then after the disciplinary authority forwarded the inquiry officer findings report conducted in domestic inquiry to me for my defence statement and then after I filed one more write petition for stay or quash the enquiry officer findings report on account of non submission of defense document. Then the disciplinary authority fixed particular date for my defense statement against inquiry officer findings then i submitted provisional defence statement to the disciplinary authority after that no correspondence is entertained between me and disciplinary authority. I have no informed by the disciplinary authority what decision taken by disciplinary authority. One day suddenly I received a letter from General Manager (appointing authority) by mentioning that I propose to impose the major penalty of dismissal in terms of rules of state bank of India officer service rule and appear before me for personal hearing and make submission if any, due covid 19 i asked the GM to postphone the personal hearing via E mail & also by registered post delivered on 20.04.2020. In these circumstances, what can i do, may i file two write petitions one is against the General Manager letter for getting stay order for proposed punishment and another one for quashing FIR filed against me on November 2017 still now No charge sheet is filed in the court. In this situation Can i make submission of my defence statement? But without supply of defense document from presenting officer or disciplinary authority, how can I submit defense statement to inquiry authority report forwarded by disciplinary authority. All ready two write petition is pending in high court for want defence document and another one for stay of inquiry officer finding report on account non supply defence document. Is there any possible to get stay order against General Manager Letter for proposed punishment without submission of defense document if I approach the court. So Kindly advice me please what can i do in this situation. Finally conclude in my tenure this allegation happened branch from including contract period 31.03.2008 to 01.08.2010 and then absorbed permanent appointment on 02.08.2010 to 26.07.2012 then I transferred to some other branch. All loans were sanctioned by assistant manager (advance) control return scrutinized by branch and another some sanctioned RCPC (Rural credit & processing centre). I am a specialist officer no way connecting in general banking. All allegations framed against me only not my superiors in my tenure worked in that branch and all superiors promoted.

Abhimanyu Shandilya

Responded 3 years ago

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A.Banks work on a very tight norms since they handle and manage public money. In cases on loans, the loan sanctioning and disbursement officer has lot of responsibility to ensure that loans are not given to wrong people and also to ensure that no corruption takes place.
If anything goes wrong while giving away the loan then it gets captured during the multiple audits that happen. If you have not committed any wrong then you should not worry and let the investigation show the right result.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
It is free service. The lawyers have not time to read your question.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,

Thanks for detailing. Request your lawyer to make a detailed submission to get the stay.

We may not in a strong position to decide the stay before the court grants the same.
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