IT IS VERY DIFFICULT TO LIVE IN ROME (BANK ) & FIGHT WITH POPE (HIGHER AUTHORITY)

IT IS VERY DIFFICULT TO LIVE IN ROME (BANK ) & FIGHT WITH POPE (HIGHER AUTHORITY)

EPISODE ---02-------

( suspension made my life miserable ,friends discarded my phones , speculations aired that there are big frauds in the branches where I were branch manager in fact all these were the tactic of disciplinary authority in a planned way through their pets , the matter came through in my community too and my relatives have eye-browed that definitely I have done a big fraud , no body wanted to know the reality except my family who stood behind me)

(Friends who are facing DE/DEFENDING SOME ONE/ INTERESTED IN DOMESTIC LAW must have through reading to my posting ,it has all the colors of the principle of natural justice ,those are very important when you will approach court .)

सस्पेंडेड अधिकारी को बहुत धैर्य का पालन करना है और पूरी कोशिश करना है की बेंक क़ानून की अधिकतम गलती करे , क्योकि क़ानून की गलतियाँ ही कोर्ट में आपके विजय का कारण बनेगी ,आपको बिलकुल ही निराश नहीं होना है की बेंक तो नियम का पालन नहीं करता ,अरे भाई सस्पेंड करते ही बेंक का प्रबंधन आपको ठिकाने लगाना चाहता है तो वह क़ानून का पालन क्यों करेगा ?

(IN FACT BANKERS ARE MORE WORRIED BECAUSE IN THEIR SERVICE REGULATION THERE IS NO MENTION AS WHAT WOULD BE THE MAXIMUM PERIOD OF SUSPENSION , & THUS MAXIMUM BANKS ARE USING THIS LACUNA OF PROVISION TO PUNISH HER STAFF FOR INDEFINITE PERIODS , FOR LIMITED PURPOSE SUSPENSION IS OK BUT WITHOUT REVIEWING IT FOR A LONGER TIME IT IS DEFINITELY A PUNISHMENT, FOR COURTS SUSPENSION MAY NOT BE A PUNISHMENT BUT SHE FORGETS THE HUMAN TOUCH IN HER VERDICTS ,ASK THE FAMILY WHO SUFFERES BEHIND THE EMPLOYEE ) .

I ,APPEALED TO BOARD OF DIRECTOR ON DATED 14.07.2004 AGAINST SUSPENSION DATED 10.02.2004 UNDER CONDONATION OF DELAY CLAUSE----

There were various pleas but I wanted to show directors that my suspension is only due to determination(ILL –WILL) of chairman that he wanted me to teach a lesson as said before 6 officers of assn’s on the 15 jan-2004------- that’s why I said ------

Examine suspension letter Dtd. 11.02.04 it says ‘suspension is due to irregularity committed at Kurud branch’ but the investigation is conducted in J/Sirsa bra.by engaging aggrieved officers against whom I had reported cases of corruption from 1993 to 2000 details with documentary evidence are sent to you vide appeal dated. 11.09.04 (supplementary to 14.07.04). Forming the Investigating Team of such aggrieved officers itself is the example “How biased is Mr. “S” (DA)towards me” Getting this kind of Preliminary Investigating Report & preparing charge sheet on the basis of that report proves the malafide intention of Mr. “S”.

ON MY APPEAL BOARD OF DIRECTOR PRESIDED BY RM DENA BANK RAIPUR PASSED AN ORDER ON DATED 15.11.2004 TO ISSUE CHARGE SHEET WITHIN 90 DAYS .-------

appellate board favored the Chairman’s contention that “since the matter is of taking accounts spread over from 1996 to 2003 & correlating the entries with relevant documents there has been delay in framing the charges” Board is convinced that misconduct sought to be inquired in to or investigated, passed the order regarding charge sheet that the "Bank / Disciplinary authority is directed to issue the charge sheet within 3 months".

WHAT IS THE LAW POINT OR CAN SAY LACKING OF ELEMENTS OF NATURAL JUSTICE AT ABOVE INCIDENT ?

Chairman had a clear intention to delay the inquiry that’s why HE tried to delay in issuing charge sheet in fact chairman wanted a long suspension perhaps till my retirement as opined by good friend shri seva lal sahu BUT my appeal to BOD ruled that within 90 days issue charge sheet THUS I had a rule that charge sheet must be issued within 90 days after suspension which proved a boon to me because in service regulation there is nothing like time period of suspension

So advising all friends always use your right to appeal and never relay on others or on false assurances .

Contd----- tomorrow 3nd part of “IT IS VERY DIFFICULT TO LIVE IN ROME (BANK ) & FIGHT WITH POPE (HIGHER AUTHORITY) ,

ANNEXURES-----

THERE ARE RULES/ LAWS AND DIRECTION OF IBA /SCI/CVC WITH REGARDS TO REVIEWS OF SUSPENSION BUT RIGID STAND OF BANKS ARE FRUSTRATING A SUSPENDED STAFF , UNIONS WHICH CAN FORCE THE BANK MANAGEMENT ARE KEEPING ABSOLUTELY SILENT ,

सस्पेंसन से बहाली के लिए निम्नांकित सन्दर्भों को अपील में शामिल करें-------------

1) Suspension order not to extend beyond 3 months if charge-sheet is not served, says Supreme Court

Ajay Kumar Choudhary vs Union Of India

Bench: Vikramajit Sen, C. Nagappan

IN THE SUPREME COURT OF INDIA

CIVIL APPEAL No. 1912 OF 2015

(Arising out of SLP No. 31761 of 2013

J U D G M E N T----... 16 February, 2015

2) NO BODY CAN BE PLACED FOR LONGER SUSPENSION

SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.958 OF 2010 Prem Nath Bali ……Appellant(s) VERSUS Registrar, High Court of Delhi & Anr. ……Respondent(s)

.……..J. [J. CHELAMESWAR] …….J. [ABHAY MANOHAR SAPRE] New Delhi, December 16, 2015

.

3) TO CONCLUDE ENQUIRY WITHIN 6 MONTHS AFTER ISSUE OF CHARGE SHEET & ON EXPIRY OF 6 MONTHS HE SHALL BE REINSTATED IMMEDIATELY ------

Delhi High Court R.S. Gupta vs State Bank Of India & Ors. on 1 May, 1998

Equivalent citations: 1998 IVAD Delhi 453, 74 (1998) DLT 106, 1998 (46) DRJ 156, 1999 (81) FLR 132Bench: M Sharma

4) periodic review of suspended cases addressed to “CEO OF PSU BANKS” --

IBA GROUND RULE CIR/PD/M1/645/2204-05,442, March,2005

5) CVC HAS SAID DE MUST BE COMPLETED MAXIMUM WITHIN ONE YR AFTER THE APPOINTMENT OF INQUIRY OFFICER

instructions to all banks ,Vide circular no 000/VGL/18/30505 dated 18.01.2016