Request for advise

Ravindran Prasad (Querist) 17 April 2020 This query is : Resolved
Sir, I, Prasad, bring to your kind notice Bank has considered only Point No 1of Avtar Singh's Case and neglected all the remaining points. So, I filed a case against Bank in the High Court . But, till now, Bank did not file the counter. This High court officials told that unless the Bank files counter, the case cannot be settled.

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Raj Kumar Makkad (Expert) 17 April 2020
After reading your detailed facts, I am of the considered oinion that your lawyer should press to Hon'ble High Court to grant last opportunity to the bank to file its counter affidavit failing which you should lead your argument and get the case decided on merits.

KISHAN DUTT KALASKAR (Expert) 17 April 2020
Dear Sir,
I agree with the opinion of Expert Mr.Raj Kumar Makkad

Dr J C Vashista (Expert) 18 April 2020
I fully agree and appreciate acumen of expert Mr Raj Kumar Makkad.
Your lawyer should pray Hon'ble High Court to close defence of the respondent, who have failed to file their counter affidavit on.... (....specifying dates) .

Ravindran Prasad (Querist) 18 April 2020
Thank You Hon'ble Experts for sparing your valuable time and giving your valuable suggestion. Earlier I thought that unless the Bank files counter, the judgment cannot be given. I will inform my advocate your views and request him to pray the Hon'ble High court to close the defense of the respondent Bank

Raj Kumar Makkad (Expert) 18 April 2020
You are most welcome Mr. Author as and when you require any legal advice.

Rajendra K Goyal (Expert) 18 April 2020
1. It is true that posting at SAMB, CAG, MCG are considered prestigious postings in SBI. If you would have completed your PO training well, you had a good chance and prospective. Posting in FOREX is another such area.

2. So you had a chance to be posted in MMGS-II directly on completion of probation. Another good prospective.

3. This was an obstacle in your career. Bank does not spare such laxity, hope high moral character and high integrity in practical and theoretically. Non-disclosure of such information is considered fatal.

Rajendra K Goyal (Expert) 18 April 2020
4. It seems the fact of pending case came to the notice of the Bank while verifying antecedents, as a part of procedure. Such Show-cause notice need to be replied after consultation from Lawyer and Officers Association of the Bank.

5. The case was pending, you did not disclosed in your application knowingly or un-knowingly, no senior office would take risk to overlook and to take bold decision in staff matters in such cases. Disciplinary Action Cell are well trained to proceed in such matter.

6. This may be step by the Bank to cover time till appropriate orders are received from very Senior officers / appointing authority. You should have written to Bank that till the date of confirmation, no extension letter was received, you were automatically deemed to be confirmed. No question of performance need be considered.

Rajendra K Goyal (Expert) 18 April 2020
7. It seems no departmental inquiry was conducted, as Bank has treated you on probation. You should have taken the plea that you were confirmed, proper procedure for termination was not adopted.

8. If the court orders were not acted upon, may file contempt plea. Senior officials immediately respond to such cases as they and their career are at stake.

9. This is customary language in such cases.

Rajendra K Goyal (Expert) 18 April 2020
9. This is customary language in such cases.

10. Whether the decision of the Bank given to you was speaking?

11. It seems the decision was based on Avtar Singh Case, whether Bank considered / included findings in all points in its decision. Moving to High Court was demand of the hour.

Now as the Bank is not submitting its written, prey the court to give last opportunity to Bank.

Meanwhile contact Officers Association GS of Hydrabad Circle to seek help and assistance.

Ravindran Prasad (Querist) 18 April 2020
Thank you Hon'ble experts for your suggestions. You have advised as Elder Brothers. Thank You once again.

Ravindran Prasad (Querist) 18 April 2020
Regarding the question 10 of Sri Rajendra K Goyal Sir:. whether the decision of the bank given to you was speaking, I would like to inform you Sir that I was handedover letter

Raj Kumar Makkad (Expert) 18 April 2020
As the bank has not given a favourable order in compliance to the order of the high court, hence you have again approached to high court. The issue which remains here to advise it how to get the matter expediated. The sole reply is to press the court to hear the argument at the earliest even if the banker do not file its reply despite of the repeated opportunities. This can be done by your lawyer only.

Rajendra K Goyal (Expert) 19 April 2020
Send RTI to bank on how, to which address and when the letter was dispatched, whether also dispatched / sent to your permanent / local / registered address, by which mode sent and when, with which remarks it was returned? If the same is still not -opened (as per procedure of the Bank), ask for a copy of such envelop.

What date you marked on receiving of the letter or left it undated?

You have not mentioned whether the letter containing the said orders was having speaking orders.

If receive information, discuss with your lawyer regarding contempt proceedings.

Raj Kumar Makkad (Expert) 19 April 2020
The author has already clarified that the said letter was personally handed over to him when he personally visited the bank after the expiry of two months of the passing of the order then where is the ambiguity and why and how RTI is applicable to ask it the date of the dispatch or the mode of dispatch and so on. The previous expert is required to kindly go through the facts of the matter posted thrice by the author.

Rajendra K Goyal (Expert) 20 April 2020
Probably I was unable to convey properly. Sorry for that. Speaking orders / decision refers to decision / order containing reasons / conditions / justification for arriving at such decision.

Raj Kumar Makkad (Expert) 20 April 2020
The previous thread is totally confusing even for the experts. How can a layman like the author can understand the heavy words used therein.

Rajendra K Goyal (Expert) 21 April 2020
Since the matter is pending with High court, as advised earlier, prey the court to give last opportunity to bank for submitting counter.

Guest (Expert) 21 April 2020
Prey -- Meaning in English -- Animal that is hunted by killed by another animal for food

Guest (Expert) 21 April 2020
This is not the first time and the Idiot is falsely using the word " Prey " more than 10000 times in spite of repeated correction.

Guest (Expert) 21 April 2020
Idiot -- meaning -- Lack of Intelligence -- Lack of Knowledge

Guest (Expert) 21 April 2020
The Person who is so eager to be number one should at least join a good English Speaking Course in his Home Town. Gurgaon.

Raj Kumar Makkad (Expert) 21 April 2020
Sugeestion to one expert but used 4 threads by another? What makes difference?

Guest (Expert) 22 April 2020
Useless and Idle Idiots ( Idiot - Meaning - Lack of Intelligence - Lack of Knowledge ) would simply keep counting the tThreads/ Posts. These Fellows would not have even attended Pre School obviously makkar bhai please. In another Thread makkad had strongly defended the Crtitcizing of the Caste also

Guest (Expert) 22 April 2020
Idiot Meaning --- Lack of Intelligence --- Lack of Knowledge. And the makkara bhai Do Not Worry Please I am No Way in the Competition of your self and Goyal in increasing the Points to be number One in Hall of Fame Please

Guest (Expert) 22 April 2020
Idle -- Meaning --- with out purpose or effect -- pointless

Rajendra K Goyal (Expert) 22 April 2020
Please state what was the point 1 which was referred by Bank in reply. Please mention full heading (year of decision etc. reporting reference) and details of the Avtar Singh case. If possible please also mention the title / court / date and case no. of your case.

Guest (Expert) 22 April 2020
The Main Point is Prey is not the Right word to be used by you for which you were advised several times.

Guest (Expert) 22 April 2020
The Child Idiot should write the imposition of " Pray " 100 times sitting at its Gurgaon residence. .If required address would be posted please