Dismissal from the services of the bank
denish
(Querist) 30 December 2011
This query is : Resolved
I am working in a regional rural bank I defended an officer's charge sheet wherein he was alleged of getting the major part of loan money of borrowers on the basis of any complaint from borrowers after 2.5 yrs of signing the loan documents.No any lapse in loan file was found. Borrowers deposited the loan installments within 2.5 yrs.some of them got insurance claim from insurance company for the project of buffalo loan after fulfilling the claim process including postmortem report of the govt. veterinary doctor. the investigation of the complaint was done by the audit officials in a way of questionnaire the question and answer written by the same person with the heading "discussion" signed by 3 officials and so called complainants.during domestic inquiry one of the signer was presented by the management as witness who told at inquiry floor that he did not know either questioner or answerer.after so many requests the copy of complaint was not provided by the management nor any complainant was presented as witness on the floor.the inquiry officer as well as disciplinary authority in their conclusion depending on such questionnaire(named "discussion")which was told by their own witness that he did not know any person who signed it, declared the delinquent guilty and dismissed the delinquent from the services of the bank. the defense witness and exhibits were not considered and not referred in their conclusion/findings.the delinquent had applied to disciplinary authority to change the inquiry officer before inquiry proceeding started because he was biased and prejudice with him because of certain reasons but disciplinary authority did not change him.now delinquent has appealed before the board of the bank but justice is not expected because the disciplinary authority is also the chairman of the board of the bank as per regional rural bank act 1976, although chairman shows at the time of discussion on the agenda of appeal that he is out of meeting but he sits along and has full effect in the meeting. what should be done in this case and how the best remedy can be obtained while I know that delinquent is quite innocent.what will be the fate of this case in court of law and how the best remedy can be obtained at earliest.the bank has also filed a caviot in high court.
prabhakar singh
(Expert) 30 December 2011
At any rate of the matter writ is the only remedy left now.
Rajeev Kumar
(Expert) 31 December 2011
Only writ is the final remedy