banking banking

3 years ago

Dear sir/Madam
No.99/VG/87, Government of India, Central Vigilance Commission,
Office order NO.52/08/05
Subject: Prosecution and departmental action
APPROACH 1 : The commission vide Para 4.3 of the vigilance manual 2004, regarding parallel investigation by departmental Vigilance Agency and the CBI had directed that once the case has been referred to and taken up by the CBI for investigation further internal investigation should be avoided. In other words, in cases where the matter is yet to be investigated, CVOs should not undertake parallel investigation when the local police or the CBI is seized of matter. Bank has issued charge sheet and all formalities completed in departmental enquiry without supply of defense document and other relevant document and General Manager sent letter that I propose to impose major penalty dismissal from service and same allegation has been given criminal complaint to crime branch police station after 8 month from suspension. As per Office order NO.52/08/05 central vigilance commission I filed a writ by mentioning that still now police report are not received and start department action after receipt of final report of police investigation. But Writ dismissed by single bench judge and further filed writ appeal that also dismissed. My question is that what purpose the office order No.52/08/05 issued by central vigilance commission for prosecution and departmental action is taking at same time. No one accepted the guideline of CVCs in court. Is there any other place for appeal in high court or can I move to Supreme Court for seeking direction for further action after receipt of police final investigation report? If I submit my defence statement now it will affect my criminal investigation report. How to contact Supreme Court lawyers and file writ in Supreme Court from my native place. Is this right way if I proceed in this way?
APPROACH 2 :
I filed write to getting stay order for GENERAL MANAGER Letter mentioning that I propose to impose manajor penalty dismissal from service and appear before me on 30/03/2020 in covid 2019 pandemic period without details of what decision is taken by disciplinary authority and also not informed me. I got stay order against bank & private notice permitted and order issued as not to take any action up to 18/05/2020 in covid 2020 period and also mentiond file counter on 18/05/2012 without fail to the bank. In this affidavit all my writ numbers mentioned as follows.
1. First writ for validation of suspension order and revoke suspension filed in 2018- writ pending
2. Second writ for seeking defence and other relavant document – writ pending
3. Third writ for stay or quash the Inquiry officer findings report without supply of defence document -
Writ pending
4. Also mentioned the dismissed two writ petition for seeking to take department action after police investigation report received
In cited circumstances, how can I handle this situation? Can I wait the outcome of approach second? Or can I proceed as mentioned in approach one. Kindly advice me which one best. At any cost I want relief from this problem without losing job.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,

we need to see all the documents, record to make a plan of action.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.Dear Sir,
Order of Dismissal is Death Sentence in Service Jurisprudence. Get the services of senior service lawyer and try to get relief because all such Writ Petitions are Mercy Petitions before the Courts. Please give me Rank 5 if you feel my answer helped you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCompassionate appointment
Dear Client, The SBI rules can not be breached. it could be the policy of the bank to not hire anyone. Please check with the rules and guidelines for heiring employees
question iconEducation Loan OTS
Dear Client, Try to go to the online portal of the said bank and complaint about grievance through the same. it is advisable to repay the loan amount within the stipulated time or you may face seizur...
question iconSbi account put on stop by cyber security
Dear Sir/Madam, Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/v...
question iconMy bank account got freezed
Dear Client, Once a cybercrime scam or fraudulent transaction is reported online to the National Cyber Crime Reporting Portal(NCCRP), on the instruction of the Cyber Crime Cell, the investigating tea...
question iconBank loan harassment
Dear Client, In the given scenario, you can escalate your grievance with the Grievance Redressal Officer of the concerned Bank, and in case no suitable response is received from the GRO of the Bank yo...