Expert comment on a judgement
neeru
(Querist) 26 May 2015
This query is : Resolved
Respected Sirs,
I had earlier posted a query. Only comment i got was that it was "too long a query"
In short I am furnishing a link to the judgement passed while dismissing my writ. The major issues are as under:
http://lobis.nic.in/dhc/VJM/judgement/12-05-2015/VJM07052015CW52082008.pdf
Para 6 of the judgement
The charge sheet was modified at the instance of Inquiry officer appointed by CVC. Since there was no charge of corruption, CVC did not have jurisdiction to inquire into. However, by inducting the word misconduct at the instance of IO. My point is that IO had no authority to direct the bank for modifing the Charge sheet. Secondly, he mentioned in his order that a seperate letter was being written was behind my back. That letter was never shown to me.
Para 10 onward
Bank sought CVC advice. It is wrong to say that I have argued that there is no provision in CVC (perhaps it is SIDBI, my organisation) regulation to seek advice. There is provision that in case of charges of corruption, Bank will consult CVC. However there was no charge of corruption therefore bank was wrong in consulting CVC.
Besides, several other major and important issues are not discussed in the judgement.
These are as under:
I was only advised through a letter about the punishment and it was implemented. No order of the DA was given.
Neither first stage nor second stage advice of CVC was shared with me Bank has categorily said in its reply that i had no right to get the copy of cvc advice. Further, it has stated that 'although the Bank has pleaded for leniency in the matter', which imply that they were compelled to impose the punishment on me.
Since i had appeared in person and presented my case i had submitted written arguments with so many case laws, particularly, D C Sharma v/s state bank of india and nagraj karjagi V/s syndicate bank.Besides, the cvc guidelines on providing first and second stage advice.
There so many other issues which i will not mention here. the major issues have been discussed above.
Respected sirs, I seek your advice.
R.K Nanda
(Expert) 26 May 2015
go for click to talk option.
T. Kalaiselvan, Advocate
(Expert) 31 May 2015
You can talk to any expert here using the option click to talk option for proper and personal advise/opinion.
Rajendra K Goyal
(Expert) 02 June 2015
Consult local lawyer and show him all the documents.
