Time limit for issue of charge sheet
Jasbir Kaur
(Querist) 14 April 2012
This query is : Resolved
Working in nationalised bank since 33 yrs,reced a charge sheet now for the cause of action occured 24 yrs ago regarding issue of bank guarantee. Meanwhile Bank promoted me twice for my performance and work.Can Bank charge me now for such an inordinate delay,when I don't remember the case. Kindly quote decided cases if available.
Guest
(Expert) 14 April 2012
Dear Jasbir,
Time limit has not yet been fixed by any authority for intiating diciplinary action for any offence. However, you may challenge the action on merits, as 24 years is beyond imagination of any one when your bank authorities remained in deep sleep without knowing the offence where even several of the statutory audits, internal audits and management inspections would also have been conducted in to the affairs of work during all those 24 years.
Sudhir Kumar, Advocate
(Expert) 14 April 2012
Technically there can be no ban on initiation of disciplinary action on any past misconduct anytime before retirement.
But on the same time unaccounted delay has been held to be fatal to the case in many cases. The delay blurs the memory and defence suffers. the necessary documents and persons needed for defence may not now be available. They delay (as apparent from your wording) is not perhaps attributable to you. You appear to have a good case.
c.p.s. ramachary
(Expert) 14 April 2012
You are promoted twice. Promotion is based on performance appraisal. That is you were qualified for higher position in the bank and they have considered your talent. But for certain mistake committed by you 24 years back the bank wants to take disci-plenary action since the mistake was detected. Promotion is distinct from disciplinary action. Since you are still working in the bank you are amenable to disciplinary action. You have to contest the matter on merits as opined by Mr.P.S. Dhngra.
Jasbir Kaur
(Querist) 14 April 2012
Thanks a lot for your valuable advise.
To
Mr.PS Dhingra,Mr. Sudhir Kumar,Mr.C.P.S Ramachary
Guest
(Expert) 14 April 2012
You are welcome, Jasbir.
V R SHROFF
(Expert) 14 April 2012
So inquiry will continue till your retirement??? why worry??
M/s. Y-not legal services
(Expert) 14 April 2012
