Service matter bank

RANJAN (Querist) 16 April 2015 This query is : Resolved
Enquiry and penalty order quashed by single judge highcourt in the year 2012.Bank has filed appeal in double bench for reenquiry from the intial stage which is pending.
In the meantime I came to know that after showcause notice Disciplinary authority has
recommended for minor penalty but on the dictates of Vigilance Department major penalty chargesheet was issued.The above documents were sought by me through RTI but bank has refused to give hence final appeal is pending at CIC delhi.
After obtaining above document can I file review petition under section 114 rule 1 of cpc viz Discovery of new and important matter of evidence which after the exercise of due deligence was not within his knowledge or could not be produced when the decree or order was passed.
If above documents prove that whole exercise was at the behest of vigilance department then law laid down by the apex court in the matter of Nagraj Shivrao Karjagi v syndicate Bank in which ruled that no third party like Vigilance department or Central vigilance commission could dictate Disciplinary authority how they should exercise their powers.
Then whole chargesheet and subsequent actions shall be nullified and I will get promotions and all arrears of pay from the
date of penalty.
Please guide me in detail with proper rulings.

Follow Query

Report Abuse

Guest (Expert) 16 April 2015
It is hard to believe that you would not have received the second stage advice of the CVC along with the decision of the disciplinary authority, if the decision was based on the recommendation of the CVC, or you would not have received the copy even on application under RTI. The charged officer has the right to get a copy of the CVC recommendation, if his case is referred to the CVC for advice.

So, on both the counts your query seems to be of an academic nature.

Even if you are facing the problem in reality, you have not stated the complete facts/background of the case.

Secondly, if it is a real case, your query is quite premature without discussing the actual contents of the CVC recommendation, which you are yet to receive, as per your statement.

Your query would be justified only after discussion of the full facts along with the contents of the CVC recommendation.

Rajendra K Goyal (Expert) 16 April 2015
Consult local service law expert and show him full case file.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries