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 inquiry 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 major penalty dismissal from service and appear before me on 30/03/2020 in covid-19 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-19, 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.
My answers are as follows:
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?
Ans: You move Supreme Court through Senior Advocate.
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?
Ans: Yes, your contention is correct. You may approach SC.
As far as parallel investigation is concerned the Bank cant be stopped to conduct disciplinary action amd proceedings. And if the bank has to investigate for disciplinary proceedings they will do it.
CBI action is criminal adjidication and bank action is service adjudication.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
We need to see all the documents, records to place our opinion here.