Removal from service by sbi by conducting an enquiry-remedy
Ramarao Velagapudi
(Querist) 05 March 2014
This query is : Resolved
I was suspended in 1987 on a complaint by a client of bank of misappropriating money from their account. CBI filed a case against me in 1989 & I was acquitted in 1990 of the charges.
I was not reinstated nor was a charge sheet issued to me since 1987. At my request, Hon High Court had ordered payment of full salary to me in Jan 1991. Bank reinstated me in March 1991 & served a charge sheet.
Enquiry was started in Nov 1991. Defense found that bank documents furnished as prosecution documents were tampered with and unrelated papers were substituted. Enquiry Officer recorded defense objections and chided PO. PO had collected certified documents summoned by defense and suppressed same, but stated before EO that custodians refused to give certified documents.
PO presented same documents later as prosecution documents and defense pointed out the above deception. recorded by EO.
EO replaced in Jan 1994 by another. EO2 had rushed the proceedings - first he stated enquiry will be 'de novo', but continued cross-examination of PW from previous hearing date itself and even same question numbers were adopted. PW stated that complainant tried to cheat his branch and that he was 'advised' by RM office that she was a 'friend of GM' and to open an account and forward her loan application for sanction. (I had alerted branch and the scam was stopped).
Cross-examination of PW2 by defense was interrupted & witness was 'discharged' without allowing disclosure of his complicity.
Next day he declared enquiry is closed. Defense's protest was ignored, some statements (falsely attributed to defense) stating they didn't have any witnesses /documents to present were inserted in the enquiry proceedings.
I was removed from service and appeal was rejected.
Writ was filed by me in Hyd HC in 1999 and is pending.
Please advise what are the options available to me.
V. Ramarao
Anirudh
(Expert) 05 March 2014
Dear Mr. Ramarao,
It is hard to believe that the writ petition filed in 1999 is still pending. I have my own doubts. Please check up.
Further, when the writ petition filed by you is pending, you have no other option than to wait for its outcome. At best, if it is pending, you can move appropriate application for speeding up the case.
Biswanath Roy
(Expert) 05 March 2014
When the dispute is sub judised to the Hon'ble High Court we cannot interfere or tend to interfere on the subject by giving our opinion. Better try to bring your writ case on board.
T. Kalaiselvan, Advocate
(Expert) 05 March 2014
I agree with expert Mr. Anirudh on the subject issue. The inordinate delay in disposing the writ is not understood or hard to believe. If at all it is still pending, you may wait for the outcome.
