Discrmination in grant of customary letter of appreciation on retirement
Querist :
Anonymous
(Querist) 11 September 2011
This query is : Resolved
DEAR SIR,
1. I RETIRED AS A DGM OF SBI ON DEC 31,2007.I HAD A GOOD TRACK RECORD,SENT TO PARIS IN 2007 WITH A GROUP IN APPRECIATION OF SERVICES RENDERED. I WAS NEVER CHARGESHEETED IN MY ENTIRE CAREER AND WAS ALSO DECLARED AS THE BEST REGIONAL MANAGER AMONG 13 REGIONS IN 1987.
2. OWING TO IGNORMANCE ON MY PART , BEFORE MY RETIRMENT IN 2007 I APPLIED FOR LEAVE TRAVEL CONCESSION FACILITY, FOR WHICH I WAS NOT DUE, AND AVAILED OF THE TRIP. THE REQUISITE SANCTION OF THE ADVANCE WAS GRANTED BY SBI ,AS THEY TOO WERE NOT AWARE THAT I WAS NOT DUE FOR THE LEAVE TRAVEL CONCESSION FACILITY.
I WAS DUE FOR HOME TRAVEL CONCESSION FACILITY WHICH WAS OVERLOOKED BY ME AND SBI BOTH. THE FACT THAT THE ADVANCE FOR LEAVE TRAVEL CONCESSION FACILITY WAS GRANTED BY SBI, IS A POINTERR THAT THEY TOO WERE UNAWARE THAT I WAS NOT ELIEGIBLE FOR LEAVE TRAVEL CONCESSION FACILITY BUT DUE TO HOME TRAVEL CONCESSION FACILITY.
ON MY RETURN, ONCE SBI SPOTTED ITS MISTAKE THEY RECOVERED THE FULL VALUE OF ADVANCE GIVEN TO ME AND DID NOT EVEN PAY THE NOTINAL FARE THAT WAS ADMISSIBLE TO ME UNDER HOME TRAVEL CONCESSION FACILITY TO ME.
I WOULD LIKE TO STATE HERE THAT FOR REASONS BEST KNOWN TO HIM THE CGM WAS HOSTILE TO ME .
APART FROM RECOVERING THE AMOUNT OF ADVANCE THE CHIEF GENERAL MANAGER CHOSE NOT TO GIVE ME THE CUSTOMARY LETTER OF APPRECIATION GIVEN BY THE MD TO EACH AND EVERY OFFICE ABOVE THE DGM LEVEL, WHICH I WAS.
I AM THE ONLY OFFICER IN THE COUNTRY OF SBI WHO TILL TODAY, OVER THREE AND A HALF YEARS OF RETIRMENT NOT BEEN GIVEN THIS CUSTOMARY LETTER. I REITERATE THAT I HAVE HAD A GOOD TRACK RECORD AND HONOURED FOR MY WORK ON TWO OCCASIONS.
IN APRIL 2009, OVER TWO YEARS OF MY RETIRMENT THE CGM WRITES TO THE CORPORATE CENTRE ABOUT MY ,MISCONDUCT AND RECOMMENDS THAT THE ISSUE OF CUSTOMARY LETTER OF APPRECIATION IS REVISITED.
THERE THE MATTER STANDS.
MY QUERIES ARE:-
1. IS THERE A CASE FOR ME TO FILE IN WRIT IN THE HIGH COURT UNDER ARTICLE 14 ETC OF THE CONSTITUION ?
2. WOULD IT BE WORTHWHILE TO PURSUE THIS CASE AND SEEK MONETARY COMPENSATION FOR THIS RANK PREJUDICE AND DENIAL OF THE CUSTOMARY LETTER OF APPRECAITION.
3. UNDER SBI RULES NO 'MISCONDUCT ' PROCEEDINGS CAN BE UNDERTAKE AFTER RETIREMENT. TILL RETIREMENT , I REITERATE I HAD NOT BEEN ASKED FOR EXPLANATION FOR THIS MISCONDUCT.
4. MOST IMP. WOULD IT STRENGTHEN MY CASE IF I WAIT FOR THE RESPONSE OF CORPORATE CENTRE TO THE CGM LETTER ABOUT REVISITING THE ISSUE OF THE LETTER OF APPRECIATION AND TAKE THE MATTER FORWARD AFTER A YEAR OR TWO TO EXPLAIN THE CASUAL, AND LACKADAISCICAL ATTITUDE AND ALSO THE HOSTILE ATTITUDE TO ME.
I REITERATE THAT I AM THE ONLY OFFICER PERHAPS WHO AFTER A BLEMISHLESS CAREER BEEN DENIED THIS MOST CUSTOMARY GESTURE JUST BECAUSE OF THE PREJUDICE OF THE POWERS THAT BE.
AN RTI APPLICATION WILL ESTABLISH THE ABOVE FACT.
KINDLY GUIDE ME IN THE MATTER.
I REITERATE THAT I WOULD LIKE TO SEEK EXEMPLARY CENSURE AGAINST SBI AND ALSO MONETARY COMPENSATION TO ME FOR VIOLIATION OF THE ARTICLES OF THE CONSTITUTION ON DISCRIMINATION.
DO GUIDE SIR. I FEEL IT IS A MATTER OF HONOUR AND NOT A SMALL ONE
REGARDS
VINAY KALA
SEP 11,11
Guest
(Expert) 11 September 2011
Dear Vinay,
You are lucky that no disciplinary action was taken by the management of SBI for your misconduct, while intention to avail undue LTC is a serious misconduct as that reveals dishonesty and deceiptful of the employee towards its employer.
About notional fare towards LTC for home town, probably you forget that LTC is not permissible without applying for that and no advance taken for any other purpose can be adjusted against any other claim, even if applied for and duly approved. Every claim has its independent status for the purpose of allocation or appropriation of funds, which I hope, being a senior level professional, you would be aware of.
Better not to touch hornets net by any legal action against the management just to take revenge merely for not issuing letter of appreciation to you.
You may like to note that any past appreciation of services has no relevance to the present or future misconduct on the part of an employee.
Querist :
Anonymous
(Querist) 11 September 2011
DEAR SIR,
I CAN ONLY STATE THAT YOU HAVE NOT UNDERSTOOD THE CONTENTS AND HAVE ATTRIBUTED MOTIVES TO ME. PERHAPS YOU COULD READ MY LETTER AGAIN WHICH IS DETAILED AND ANSWERE ALL THE POINTS. PLEASE LOOK AT IT AGAIN WITH A DISPASSIONATE EYE.
I REPEAT THAT I APPLIED FOR LFC WHICH, WAS NOT DUE TO ME AND WHICH I DID NOT KNOW.
LIKEWHISE THE SBI ALSO DID NOT UPDATE ITS RECORDS AND IT TOO DID NOT KNOW THAT NO LFC WAS DUE TO ME.
SIR THE SBI SANCTIONED THE ADVANCE BEFORE MY RETIREMENT TOWARDS THE LFC.
I AVAILED OF THE LFC AFTER I RETIRED AND ON DISCOVERY OF THE MISTAKE THE SBI RECORED THE AMOUNT.
IT WAS A GENIUNE ERROR ON THE PART OF BOTH ME AND SBI AND I HAVE NO COMPLAINTS ABOUT THE RECOVERY.
IT IS MOST UNFAIR ON YOUR PART TO ATTRIBUTE MOTIVES TO ME WHEN AT THE BEGINNING I HAVE STATED THAT IT WAS AS A RESULT OF PROVEN ERROR ON BOTH SIDES.
IT IS FOR YOUR INFORMATION THAT ONCE A PERSON RETIRES FROM SBI, NO DISCIPLINARY ACTION CAN BE TAKEN AGAINST HIM. AND NO DISCIPLINARY ACTION IS CALLED FOR AS SBI TOO OUT OF IGNORANCE GAVE ME THE ADVANCE.
PERHAPS YOU COULD RE READ MY LETTER AND NOT ACT WITH HASTE.
YOUR COMMENTS HAVE HURT ME AND I WOULD LIKE TO SAY SO.
AT THE BEGINNING I HAVE STATED THAT I WAS A GOOD OFFICER AND HAD BEEN SENT ON A EEURPORE TOUR IN 2007 ITSELF, SI MONTHS PRIOR TO RETIRMENT FOR ECELLENT SERVICES RENDERED.
THE NON ISSUE OF THE CUSTOMARY RETIRMENT LETTER WHICH IS GIVEN TO ALL SMACKS OF DISCRIMINATION AND PREJUDICE ON THE PART OF THE LOCAL SBI AUTHROTIES.
I WOULD BE GRATEFUL IF YOU APPLY YOUR MIND SIR AND THEN ACT.
I AM AMAZAED THAT YOU ACCUSE ME OF MISCONDUCT WHEN ALL FACTS HAVE BEEN EXPLAINED.
PLEASE HAVE A RELOOK SIR.
YOU ARE AN EXPERT AND A BETTER REPLY WAS CALLED FOR.
VINAY KALA SEP 11
Guest
(Expert) 11 September 2011
I replied only after reading the whole contents of your query, NOT in haste, and also applying my mind. Neither your CGM is my relative, nor I know where you are located or your CGM is located, nor your CGM or SBI paid any fee to me to give my opinion against you.
Your statement about me as most unfair to attribute misconduct on your part is quite unwarranted, where I have given my opinion as an impartial third person, being neither on the side of the management nor on your behalf. Do you feel that I would have been quite fair to you only in case I would have made a favourable statement for you?
You may consider your action as a genuine error, but it is true any person who commits any irregularity is unable to see his own fault, which even you would have observed about your own subordinates while being in your service. Only a third and impartial party can judge properly where the fault lies.
I did not make any accusation on you, I just stated what your conduct rules would have expected from you and what is the ruling position about preferring false or undue claim and also about the requirement of rules for processing of individual claims by the competent sanctioning authority or the DDO.
You must also note that the incidence of availing of the LTC claim is noted in the service book/roll of the employee and at the time of sanction of advance the competent authroty is not obliged to verify the service record of the employee. It is seen only when the actual claim of LTC is preferred to verify when the LTC was last claimed. Naturally, either some one of your adversaries would have reported the matter of undue advance to your CGM, or at the time of taking on record the DDO would have detected the irregularity and reported the matter.
I gave my honest opinion. But if you have a strong desire to teach lesson to the CGM or the SBI, nobody can desist you from doing so, as that is not likely to harm my interest. You can engage a competent local lawyer to fight your case.
It is fine and you are fortunate if SBI Rules do not provide for any disciplinary action after retirement. But do you feel that any employee of SBI cannot be sued by the SBI or the CBI in a court of law if he would have committed a fraud before retirement?
Sorry to note, you desire opinion of experts but not ready to hear the alarming bell if he points out.
NOW I RAISE SOME PERTNENT QUESTIONS THAT ARISE OUT OF YOUR QUERIES, AS FOLLOWS AND REVIEW YOUR POSITION AND INFORM ME ACCORDINGLY WITH ALL YOUR HONESTY:
1) Article 14 of the Constitution provides for "Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth." JUST INTIMATE has the Government or SBI denied your promotion or not issued you letter of appreciation and discriminated with you on any of the prescribed grounds of religion, race, caste, sex or place of birth?
2) Under the provisions of which law or rules of the Government of India, it was mandatory for the SBI to issue you a letter of appreciation?
3) Did you feel it proper if the SBI would have tried to disturb the mental peace of a retiring employee by initiating a disciplinary case against him for trying to cheat the organisation and would have denied the terminal benefits by punishing him? It seems you do not see and are not appreciative of the goodwill gesture on the part of your employer, which I think was only due to your better past record of service. In fact, you should have been thankful to the SBI management that they have not initiated any disciplinary action against you after you preferred false claim.
4) How your career gets effected when you have already ended your career with the SBI? Still further, did non-issue of the appreciation letter effect your confidential record or that was recorded as an adverse entry in any of your record that may affect your future career after retirement, or that has been made part of your retirement papers or any of the documents while sanctioning terminal benefit to you?
prabhakar singh
(Expert) 11 September 2011
having gone word by word what i find that perhaps the author Anonymous does not have a
CAUSE OF ACTION IN THIS CASE AGAINST THE SBI OR INFRINGEMENT OF A RIGHT RECOGNIZED BY LAW.
ajay sethi
(Expert) 11 September 2011
i agree with expert Mr Dhingra that no case has been made out against SBI . no wirt would be maintanable and any claim for monetary compensation would be dismissed .
K.S.Srinivas
(Expert) 11 September 2011
I do agree with expert Dhingra.
Ajay Bansal
(Expert) 12 September 2011
FILE A CIVIL SUIT FOR MANDATORY INJUNCTION FOR GETTINF YOUR SATISHFACTION.
Ajay Bansal
(Expert) 12 September 2011
File a civil suit for mandatory injunction for getting your satishfaction.
