Dismissed from service
RAM DASS BAGH
(Querist) 26 February 2014
This query is : Resolved
The Deputy General M ANAGER,
(The appeallate Authority )
STATE BANK OF PATIALA
Zonal Office Haryana,S.C.O. 70,SECTOR-5
PANCHKULA ,HARYANA
Subject:- Staff cash department,
Sh. RAM DASS BAGH, HEAD CASHIER
APPEAL AGAINST ORDER OF DISMISSAL
Sir,
Please refer to the above cited subject I want to draw in your kind notice that I am posted as head cashier “E” in state bank of Patiala northern railways workshop KALKA DISTT PANCHKULA HARYANA since july 2009 and performing my duty sincerely and honestly in the bank.but I am sorry to inform you that in the year 2010 the n.r.w.kalka branch received summans from distt. Court panchkula in a case u/s138 of N.I.ACT.Titled of the case is R amesh kumar vaid municipal councilor kalka v/s Lalit Kumar an employee of northern railways workshop kalka in this case I appeared as a bank witness and attended the court hearing on behalf of the bank as per order of the branch manager and produced bank record as desired by the panchkula distt .court.in this case Lalit kumar an employee of railways workshop kalka found guilty and convicted for a rigorous imprisonment of one year and compensation equal to the cheque amount.so he has grauge with me. In the year 2010when I had appeared as a bank witness in the criminal complaint u/s 138 of N.I.ACT. so he was keeping enmity and he wants to take revenge from me and so he falsely and knowingly implicated me in a bribe case with the help of his relative mr.dhiman postedin C.B.I.chandigarh anti corruption branch. on 12th april,2011 he called me at about 7.30p.m on his residence and there was some officials of C.B.I.present and they caught me with both the hands and mr.lalit kumar who was having nexus withC.B.I. persons managed TO THRUST the tainted money in the inner pocket of my paint and registered a case u/s 7 and 13(1)d read with sec.13(2)of p.c.act and arrest me.on 08/10/2013 the special judge C.B.I.HARYANA AT PANCHKULAheld me guilty and on 09/10/2013had convicted me for R.I.for three years in a p.c.act case no 84 of 2011 u/s 7 and 13(1)d read with sec.13(2)of p.c. act and releasedme on bail for 60 days for filing an appeal in the hon”ble Punjab and haryaya high court at Chandigarh against an impunged order/judgement of conviction and sentence awarded to meby the ld.trial court panchkula.Now I have filed an criminal appeal in the Punjab and Haryana high court on 14-11-2013 .appeal no.3869-SB of 2013 (o&m) .on 14-11-2013 the honble Punjab and Haryana high court Chandigarh admitted my appeal and the interim bail granted by the ld.trial court vide order dated 09/10/2013is extended till further ordersof the Punjab and Haryana high court vide order dated 14/11/2013 ( photo copy of the same(four pages)already submittedto the bank through branch manager s.b.o.p. n.r.w. kalka to A.G.M./1/HRY/PANCHKULA) ON 26/11/2013 WITH THE REQUEST TO ALLOWED ME TO JOIN MY NORMAL DUTIESIN THE BANK BUT ALL IN VAIN.about one and half month has passed and regional office vide letter no AGM-1/hry/staff/10089 dated 27/11/2013 gives instructions to branch manager n.r.w.kalka did not allowed him to join duty till further instructions and branch manager vide letter no.766 dated 09/12/2013 disallowed to join duty till further instructions from controlling officein this regard. The controlling office has not mentioned any sufficient and genuine reasonin this regard. Sir I once again request your goodself to please give instructions to A.G.M-1. HARYANA AT PANCHKULA for early and immediate joining to avoid litigation in future and financial loss and to avoid mental and physical harassment tome till the final disposal of my appeal in P&H HIGH COURT CHANDIGARH.sir I once again want to brought in your kind notice the short recital of the case that the complainant mr Lalit kumar an loanee of our bank took an personnal loan in the year 2006 amounting of Rs145000/-and his last installment deducted from his salary a/c on 07/04/2011 and an interest of Rs237.74paise was outstanding in his loan a/c at the time of occurrence of the case i.e.12/04/2011 means his previous loan a/c was not fully liquidated/repaid how bank will pay him another personnel loan without adjusting previous loan a/c.The complainant further mentioned in his complaint that a years back he has applied with the bank to increase his loan limit to Rs3.00lacs he left no stone unturned but Mr.Ashwani sehgal the then branch manager did not sanction his loan. During cross examination Mr.sehgal branch manager said that during his tenurehe has not applied for loan or there was no loan application pending with him.further it is clear the then asstt. General manager-1 /hry Mr.sanjeev gupta that there is no loan application pending with the bank(Photo copy of statementof b/m & A.G.M.enclosed)Ifthere is no application with the bank thus there is no question of taking illegal gratification.during cross examination the complainant has stated that he had no proof with him that he had ever moved any application for enhancement of the loan amount.further he had also admitted that he had never contacted the accused in connection with getting the loanfrom S.B.O.P.N.R.W.KALKA in the bank branch.when asked from the complainant he admitted that all formalties regarding sanctioning of loan and enhancement of loan amount had to be completed by the branch manager of the bank alone and then he disbursed the loan to the loanee.sir,I was working as head cashier and was operating single window operator.I had no right,power or authority to sanction personnel loan or to enhance limit of the loan. Branch manager get proposal and forward the sameto regional office and then regional office put forth the proposal to D.G.M.PKL and D.G.M.PKL is the sanctioning authority and branch manager disburse loan and my duty is to get receipt above Rs35000/- and make payments to the customer of the bank/depositor only.i am no where in sanctioning and disbursement of loan.that there were material contradictions and discrepancies in the testimony of the prosecution witnesses those contradictions spelt a death knell to thecase of the prosecutiiion.that the motive for falsely implicating me in a particular case lies hidden in the heart of thecomplainant and the police and other officials because I have made an complaint with the railways authority before this case that the complainant had subletted the govt,quartert to mr m.k. dey retired welfare officer n.r.w.kalka at a rent of RS 4500/-p.m.so he wants to take revenge from me and before this in the year 2010 I had appearedas a bank witnessin the criminal complaint u/s 138 of N.I.ACT.SO HE WAS KEEPING ENMITY AND HE WANTS TO TAKE REVENGE FROM ME . so he has falsely and knowingly implicated me in this casewith the help of his relative MR.DHIMAN IN C.B.I.CHANDIGARH A.C.B.THUS THE PROSECUTION MISERABLY FAILED TO PROVE THAT ANY BRIBE WAS DEMANDED BY THE ACCUSED.if the demand,acceptance and recovery of the tainted money is not established,the accused can not be held guilty.MR.RAKESH KUMAR YADAV ,special judge C.B.I.HARYANA HAS NOT TAKING THE COGNIZANCE OF THE CASE NOR GO THROUGH THE WHOLE FILE OF THE CASE because he was recently transfer from Chandigarh and in the pressure of c.b.i. gives verdict against me .on the basis of this judgement the A.G.M. -1/HRY/PKL without following the proper disciplinary action procedureas per paragraph 561 of the shastry award & memorandum of settlement on disciplinary action procedure for workman dated 10-04-2002 first line of paragraph first that a person against whom disciplinary action is proposed or LIKELY to be taken shall be in the first instance,BE Informed of the particulars of the charge against him and he shallhave a proper opportunity to give his explainationas to such particulars.Final orders shall be passedafter due considerationof all the relevant facts and circumstances.but the A.G.M.-1 PKL DID NOT GIVE ME PROPER OPPORTUNITY or issue show cause notice TO EXPLAIN MY POSITION nor listen my voice which is totally against the natural law of justice.while I have filed an appeal in p&h high court to set aside the conviction and sentence and P&H HIGH COURT has suspended my sentence and conviction till further orders means till the final disposal of my appeal in the high court at Chandigarh while appeal is pending in the court and I have not gone to jail for imprisonment then theA.G.M. has a power to suspend me.but the agm without applying mind on the entire case passed the order of dismissal in hurry which is totally wrong and against the natural law of justice,secondly the employee can not be dismissed in back date so I request your goodself to please revoke the order of dismissal passed by the A.G.M.-1 /HRY/staff/11182 dated 15-01-2014and allowed me to join normal dutyas usual keeping in view my previous un blemised service record of 28 years and have no adverse remarks against mein 28 years service.hope you will consider my appeal and give favourable remedy by revoking the above said dismissal order and oblige. Hope you and god and P&H high court CHANDIGARH GIVEN ME JUSTICE AND ACQUIT ME KEEPING ALL pertinent facts and circumstances of the case.sir I once again request your goodself to please allowed me to join duty because I am only bread earner in my family.and there is no other source of income except salary in these days of rising prices above all I belong to a poor and schedule caste community.
Hope you will consider my request keeping in view my pertinants and genuine facts given
above . allowd to join duty till final decisionof my appeal in Punjab and Haryana high court Chandigarh.
Thanking you,
Yours faithfull
(RAM DASS BAGH)
DY.GENERAL SECRETARY N.C.B.E.H,P,STATE
& C.C. MEMBER A.I.S.B.O.P.EMP.CONFEDERATION(REGD.)
RESIDENCE OF # 194/B-2 DHARAMPUR COLONY PINJORE
TEHSIL KALKA DISTT. PANCHKULA (HARYANA)
MOBILE NO.09996815735 & 9466766989
Dated:- 12-02-2014
Guest
(Expert) 26 February 2014
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(Expert) 26 February 2014
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(Expert) 26 February 2014
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