J SRINIVASARAO (OFFICER) 23 December 2011

Can punishment awarded be changed with court?

I was awarded punishment of cut in salary and scale of promotion in department enquiry against some fraud committed by outsiders in the bank. At the same time bank has filed criminal case against me along with those outsiders. Now I have won the criminal case and demanded the bank to pay my lost salary and scale. Bank is coming with an argument that departmental enquiry is different from court case hence my claim cannot be accepted on the basis of recent supreme court judgement. How to proceed in this case, Please advise

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3 Replies

kameswarao S (Head HR) 23 December 2011

Dear Mr.Srinivasrao,

as per the ionformation provided by you, you won the criminal case lodged by your employer against you. You have not challenged / raised an issue against the Domestic enquiry and the punishment hence the process and punishment exists and continues till it is quashed.

Domestic enquiry and the criminal case in the court is different. If I am not wrong the domestic enquiry may be for not fulfilling your responsibilities, negligance while on duty, working against the employer's interest etc., etc., but the criminal case may be embazelment of money. Please verify the charge sheet carefull and if both ie., the allegations raised in the charge sheet and the criminal case are the same then consult an advocate and proceed further .

Regards - kamesh

Kumar Doab (FIN) 23 December 2011

Mr. Kameswarao has given valuable advice. Kindly follow it.

Your employer opened two fronts against you: Departmental enquiry, and criminal complaint.

While you decided to approach your lawyer for contesting the criminal complaint you must have sought advice on the departmental enquiry, as well.

What is the fate of the enquiry? You should proactively follow up so that it is concluded.

Counsel of an experienced and competent service lawyer shall be of immense help to you.

Sudhir Kumar, Advocate (Advocate) 24 December 2011

It it is Govt bank probably you have lost the time of appeal s per CDA Rules. You may still file revision. The nature of allegation in Court and domestic inquiry are relevant. Further in domestic inquiry the standard of proof is pre-ponderance of probability and in criminal court the standard of proof is beyond doubt. In many cases evidence available is not sufficient to prove charge in criminal court but sufficient to prove charge in domestic inquiry.