Sealed cover procedure-denial of benifits
D Nanda Kumar
(Querist) 15 May 2015
This query is : Resolved
JGD
CHAPTER 1
1. Due to the filing of the case by CBI my result in the promotion process in 1993 was kept in sealed cover. Since such CBI cases are long drawn, a provision for giving adhoc promotion was introduced in 1993 as amendment to Promotion policy. As per the same, review committee is to be formed by the Chairman & Managing Director every six months to review cases more than 2 years old to consider giving adhoc promotion.
The action of the Bank in this regard and the inaction of the Chairman & Managing Director are as under:
Action Result Inaction (by CMD)
Note put up on 28.07.1995
& first committee formed Due to sudden demise of one of the committee members review was not done. NO INVOLVEMENT
Second committee was formed on 06.09.1995 and review was done on 30.11.1995 Note recommending adhoc promotion was submitted to CMD. Marked to “ED” and on “ED’s” transfer to another Bank the note is consigned to the records.
Third committee was formed on 15.06.1999. Step 1
The committee asked for details of the case from the Vigilance dept. & personnel dept. (Ref. Notes dated 13.06.2000, 29.07.2000) and reported to CMD vide note dated 24.08.2000.
CMD raised 3 queries viz. The present status, reason for Bank not taking action against me & how terminal benefits given to other Officer mentioned in the case etc. And made a remark as under:
ED may examine these points as well as other aspects of the long pending issue and put up with his comments at the earliest.
Step 2
On getting satisfactory report from Vigilance & Personnel departments the committee met on 13.09.2000 and a note dated 21.09.2000 recommending adhoc promotion was submitted to CMD.
Please discuss.
Step 3
Note explaining the process with due recommendation of the Chief Vigilance Officer put up on 20.10.2000.
Remark by CMD:
Did we make any specific reference to CBI in respect of Mr. Nandakumar (& Mr. Pushkar Raj) seeking No objection of the CBI for promotions to these Officers.
Step 4
Note dated 07.11.2000 was put up with reply to the query duly signed by GM (per.) & GM(Vig.) (that at the discretion of the Bank the Officers can be given adhoc promotion & that the CBI is not concerned with the internal decision of the Bank)
Remark by GM(Vig.):
As directed by Chairman to discuss the matter, I discussed the same with him on 23.11.2000. Based on the position obtaining up to date, it is considered that this could be re-examined at the time of the next Review of Sealed Covers Procedure or next promotion process.
Papers returned for the needful at Personnel Deptt. Pl.
(Needless to add that the CMD was to retire very soon & no review committee was formed in his tenure)
Fourth committee was formed and put up a note dated 18.06.2001 Recommended adhoc promotion from the date of signing of the note by CMD. There is no remark whatsoever on the note by the CMD based on the copy provided to me under RTI Act, 2005.
Fifth committee was formed by CMD on 20.12.2007.
(This is the last committee formed for review not only for my case but in general also although statutorily a review of all cases need to be done every six months) Step 1
The committee called for the personal information by letter dated 18.01.2008 regarding
1. Assignments and duties performed
2. Achievement of allocated targets,
3. Exemplary achievements outside the Bank, &
4. Overall performance.
On getting a very satisfactory report these for two decades of my service, the committee finalized the findings on 07.03.2008 recommending once again adhoc promotion.
The Chairman & Managing Director signed the report on 08.03.2008 with comments for discussion with Committee & General Manager (HR) (as per reply to my RTI query).
Note:
I was personally informed by the then GM (legal) who attended the said meeting that Chiarman & Managing Director voiced his concern as to how the person (myself) is tolerating the injustice for so long and not yet gone to court. The GM(Legal) &/or GM(Per) present was asked to personally convey his feelings to me (to go to court). It is once again needless to mention that the CMD was due for retirement in December, 2008 by which time no court decision is likely to come.
1. Based on the documents already obtained by me under RTI act 2005 I filed writ petition in the High Court of Bombay and obtained a judgement by the bench on 01.10.2008 directing the CMD to take a decision within 8 weeks. (Writ petition no. 1614 of 2008 http://indiankanoon.org/doc/1247211) . The same CMD had to act for a change.
2. The Chairman & Managing Director had also the privilege of reading the following remark in the said judgement which I feel is a personal remark calling for introspection:
“Even otherwise a duty is cast on the Respondents to act fairly. The petitioners’ case has not been reviewed in terms of the Regulations. Where a power is conferred on an authority, the authority conferred with the power has a corresponding duty to act and that too fairly.”
From the above it is clear that there is a dereliction of duty and gross denial of justice. The Bank released the adhoc promotion as per the judgement but not from the date of judgement as recommended in the note but from the date 24.11.2008 there by robbing me of any monetary benefits.
3. After getting the relief & after putting in a satisfactory service of 38 & odd years, I attained superannuation on 31.03.2010 and retired with full terminal benefits including pension.
CHAPTER 2
The case no. 6 of 1992 stands disposed off now and as per judgement dated 26.03.2014 I stand acquitted on merits. I have made claims on the Bank by letter addressed to the Chairman & Managing Director submitted on 16.07.2014 and thereafter sent reminders on 1.10.2014, 18.10.2014, 12.11.2014, 24.12.2014, 30.12.2014, 23.01.2015, 02.02.2015, 28.03.2015, 14.04.2015 and 28.04.2015 staking my claims for the following:
a. Release/regularization of adhoc promotion with notional date from the date of promotion
b. For considering my claim for future promotions denied to me by the Bank’s action/non action ,
c. Adequate monetary compensation from the Bank to mitigate the injustice, ignominy and mental agony as well as trauma I was put through by action & non action of the Bank
Representation dated 11.07.2014 and several reminders have been blatantly ignored despite my age (65 years) and health condition (Cancer Survivor).
Further, it is also mentioned in the said High Court judgement (mentioned in the first chapter) that “Needless to say that subsequently, if the Petitioner is exonerated or discharged or acquitted from the charges, the Petitioner’s promotion would be considered in terms of the rules in force pertaining to sealed cover procedure.
THE NON ACTION CONTINUES DESPITE THE ABOVE DIRECTION (WHICH ACCORDING TO ME TANTAMOUNTS TO CONTEMPT OF COURT ORDER).
D Nanda Kumar
(Querist) 15 May 2015
I apologise for the long message. I could not truncate as the message will not be clear. Please ler me know whether there is any case law to support my fight. Thanks.
Nanda Kumar
Sudhir Kumar, Advocate
(Expert) 16 May 2015
not able to read long narrative and not able to comprehend long gist of notings.
Tried lost interest in middle.
Come to problem in concise manner.
Rajendra K Goyal
(Expert) 16 May 2015
Consult some senior lawyer and show him full case file. Your case has merit on the basis of given facts.
Guest
(Expert) 16 May 2015
You have the need for personal consultation of some service law expert by getting your service related as well as court case related documents.
D Nanda Kumar
(Querist) 17 May 2015
As I already apologised it was a mistake. I need guidance with regard to any existing case law for claim for future promotions ( now being made after retirement) based on the following:
Gist:
1. Appeared for promotion in 1993 and result kept in sealed cover.
2. Case no 6/1992 filed in CBI court but bank did not take any internal action for the following reason: “Mr. D.Nanda Kumar was only following the practice prevailing in the then Foreign Exchange Department and as instructed by the then Chief officer. There is no other material evidence available in the department to show that I acted as alleged by the CBI.”
3. No review done to release the promotion held in sealed cover as provided by Para 3.13 of the promotion policy during the period 1993 to 1995 (despite the above remark).
4. Four Reviews as provided under Para 3.14 of the promotion policy were done, duly recommended for release of adhoc promotion by The Chairman & Managing Director but promotions never released:
a. First review done on 30.11.1995 but The Chairman & Managing Director of that time just marked it to The Executive Director of that time and the adhoc was never released.
b. Second review done on 07.11.2000. The Chairman & Managing Director of that time made remarks that it is considered that this could be re-examined at the time of the next Review of Sealed Covers Procedure or next promotion process.
c. Third review done on 18.06.2001. The same was put up to the same Chairman & Managing Director but no decision was taken by him.
d. Fourth review done in 08.03.2008 and put up to The Chairman & Managing Director of that time who opined that gross injustice & delay has happened and that it’s high time I took legal action in the court but decision was not taken by him also.
5. I preferred a writ in the high court of Mumbai and got a judgement in my favour on 01.10.2008.
6. The same Chairman & Managing Director released the adhoc on 24.11.2008 just because of the direction in the judgement.
7. Retired from the Bank on 31.03.2010 with full terminal benefits.
8. Got acquitted in the CBI case on 26.03.2014.
9. Claim made for release of promotion from Scale 1 to 2 w.e.f April, 1993, future promotions to higher scales and compensation for mental agony etc. due to the failure of the Bank to release the promotion held in sealed cover for 15 years denying opportunity to appear in future promotions.
10. The bank has yet to consider the same but indicates release of promotion from 1993 shortly but not other things.
11. What is my legal position regarding claim for future promotion (as I have now retired). Is there any existing judgement in such cases?
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
If the bank has assured of the promotions aspect, you may wait and make a regular follow up of the same, in the event of inordinate delay, you may issue a notice to expedite the matter or else you have an option for contempt action against the authorities who are delaying the issue without any reason. For judgments you may have to look for one yourself.
D Nanda Kumar
(Querist) 17 May 2015
Acquitted on merits.
POINTS FINDINGS
1. Whether the accused entered in to a criminal conspiracy to
cause wrongful loss to Bank and wrongful gain to themselves? NOT PROVED
2. Whether the accused nos. 1 to five wilfully omitted to
check and verify the transactions and by misusing their
position as public servant committed wrongful loss to Dena Bank? NO
3. Whether the accused on the basis of false and fabricated
bills and documents released the huge sums of money in the
account of the accused nos. 6 & 7? NO
4. What offences if any are proved? NONE
5. What order? ACQUITTED
D Nanda Kumar
(Querist) 17 May 2015
I would also like to confide that I am 65 years old & a Cancer survivor still under convalescence. With some case law I want to resolve it with out going to court as I will find it difficult to attend the hearing. Please guide me. This matter has also been reported in the press on 23.04.2015 issue of Mid Day paper (Mumbai edition).
Sudhir Kumar, Advocate
(Expert) 18 May 2015
If you are acquitted on merit then the original sealed cover will be opened and promotion given (if already approved by DPC).
your curiosities can be solved only on perusal of whole order. Meet a a service lawyer.
Anirudh
(Expert) 18 May 2015
Your suffering from CANCER has no relevance to the case at issue.
Since your result of the promotion has been kept in sealed cover, and you have been acquitted subsequently, you have to request your organization to consider opening of the sealed cover and to act as per the contents of the sealed cover.
For this, you do not require any case laws.
D Nanda Kumar
(Querist) 18 May 2015
I think I am not in a position to explain things properly. I am getting the result held in sealed cover opened ( I have qualified) and promotion w.e.f 1993 with monetary benefits is being given. I have claimed further promotions which were denied due to non release of adhoc promotion despite recommendations on 4 occasions ( my juniors have gone up to GM level).My question is about that only & health position is mentioned only with reference to my (in)ability to attend the court in an eventuality of going to court (for future promotions & compensation only).The reference to a similar case law is also with regard to that only. Tks
Guest
(Expert) 18 May 2015
Dear Shri Nanda Kumar,
The case is 22 years old and no sealed cover is kept pending till so long period as on holding of every subsequent DPC, if court/ disciplinary case is not closed by that time, a new sealed cover is prepared after considering the eligibility of the employee in the panel of select list. However, if exonerated of the charge and the period of suspension, if any, is treated as duty, the employee has to request for holding a review DPC, if so old sealed cover was non-existing.
Since your case for claim of promotion is quite old, you are required to consult some service law expert in person and get all the case related documents examined for further advice or action plan.
Sudhir Kumar, Advocate
(Expert) 18 May 2015
Sealed cover is retained as long as the case is there and you have right to get the first sealed cover opened.
Sorry. The material in sealed cover will give you no compensation, it will give promotion, consequential promotions and arrears for entire period.
