Departmental Inquiry
MJS Murthy
(Querist) 08 May 2010
This query is : Resolved
In a departmental inquiry where a top official is involved it has come out that the entire correcspondence from the next higher office is repleced with other letters with the same reference number and date. Fortunately the officer concerned has retained xerox copies of some of the letters emanated from the higher office. The Inquiry athority without giving logic didnot accept the copies furnished by the officer. This I think is nothing but document tampering, fudging. Whether the officer can file criminal conspiracy case against the higher office & inquiry Officer. Similarly the process note that was submitted by the officer was replaced with another process note retaining only the last page of the note where the officers full signature is available. The officer was transferred before the credit proposal was sanctioned. The credit proposal was sanctioned after he was transferred from the Branch. The case pertains to a public sector Bank. Whether a criminal conspiracy, defamation case can be filed in the matter.
Guest
(Expert) 08 May 2010
IN THE D.E.HE SHOULD SUBMIT DETAILED SAY AND ALSO PRODUCE THE COPIES OF SAID DOCUMENTS WITH HIM.AND ALSO SEND THE SAME TO THE TOP MANAGEMENT.
IN CASE ANY SERIOUS PROBLEM IS THERE HE CAN FILE A WRIT PETITION IN THE HIGH COURT AND HIS PROBLELM WILL BE SOLVED.
THANKS.
MJS Murthy
(Querist) 08 May 2010
Thanks to Mr.Nandkumar B.Sawant for his prompt reply.
while on the subject, the officer concerned has applied for permission to file defamation & criminal conspiracy case against a list of officers under the concerned Bank officers service regulations. So far the concerned official has not accorded permission to file the case against the officials mentioned by the officer in his letter. The officer already gave 2 reminders. But so far there is no response from the concerned competent official. Now what should be done? Whether the competent Official - here the General manager (Personal) of the Bank - can also be made party to the Criminal Conspiracy and defamation?
Also please let me know whether case has to be filed in the same high court where the incidence occured or it can be filed in any high court?
The incidence occured at Hyderabad.
Binod Kumar Mishra
(Expert) 09 May 2010
Dear Mutrhy jee,
in a departmental inquiry, the onus to prove guilty is on to the department and not on the official to say that i am not guilty.
if the tempering has been done, you need not to be worried so much. what is required that your friend who is facing the inquiry may file his application which is in his possession in form of xerox copy into the inquiry by taking a receiving of the said. now make your department free to file the fraud copy of the said into the inquiry via presenting officer. it will help you a lot in further, but take a wise suggestion for a younger man like me, never sign on only the last page of any representation, but sign on all the pages.
please collect one thing that if the said officer has changed every pages living the last page intact, then there is a lot of possibilities for you. why you are going in court at present, please wait for the inquiry officer to give his seal over management case and then see the magic of it. you will be benefited in the inquiry alongwith entire payment and then move against the officer by filling a writ in High Court naming him accused without taking permission from your office, because it is your right and you are moving to court against a judgment of a quasi-judicial authority, which is by virtue your right.
if still you had any problem please send a mail to me.
good luck
P.ESAKKIMUTHU
(Expert) 09 May 2010
In the domestic enquiry, the delinquent has first call for original documents, said to be tampered,for production before the enquiry officer.If original is not produced but tampered document is produced, the delinquent rebutting the originality,must mark the zerox of originals available with him as his document/ through witness of management.This would help untimately to decide the matter atleast in higher judiciary
MJS Murthy
(Querist) 10 May 2010
Thanks to Mr.Binod Kumar Mishra and Mr.P.Esakkimuthu for their prompt guidance and suggestions. While on the subject, if the officer concerned wants to file defamation and criminal conspiracy case against the officials who are responsible for document tampering in order to escape themselves from the accountability and fixing the officer with tampered / fudged documents, whether it is necessary that the affected officer should lodge FIR with the local police before approaching the court or he can directly file the case in the High Court?.
