Departmental proceeding in bank

Insufficient infurmation,for which clear opinion is possible please.

Originally posted by : Ajay pathak
	Duri g the departmental inquiry in SBi Bank I have accepted genuineness of prosecution document. Now I want to challenge the prosecution documents

You have stated, "....Now I want to challenge the prosecution documents", what is the stage of prosecution where you want to decline ?

What are the subject document(s) which you had accepted in departmental inquiry but disputing at this stage ?

What is the dispute with respect to the documents involved ?

Incomplete rather no facts have been posted for consideration and obligation.

It is advisable to consult a local prudent lawyer (if you have not engaged till now) for professional guidance and necessary proceeding. 

A person can not approbate and reprobate on the same issue.  Once you have admitted a document, unless there is an apparent misrepresentation on that document, without justification for denying it now, your submission may not be accepted.

Remember, you have a right to make submissions.   Whether it is admissable or not depends upon the Investigating officer and the value of such a document in the investigation.  I do not think that entire evidence is in only one document and in banking a chain of events, recorded facts establish the charge.

Something happens in a Bank, which is not as per the Bank rules and regulations that puts the bank's interest in jeopardy or straight fraud committed either by the Employee/Officer or by an outsider, such incident/fraud is once discovered, the first step is Investigation is ordered for fact-finding. It is the responsibility of the Investigating Officer appointed for the purpose, to thoroughly examine all the facts/documents and submit his report duly attaching the copies of the documents ensuring that the said documents are properly preserved in the branch/office under dual control, intimating at the end of his report,  the name/s of the Official/s responsible for the misdemeanor. The next step is for the management to conduct Inquiry and an Inquiry Authority is appointed who marks the documents (which were duly attested) and records Witness first of which shall be the Investigating Officer who identifies and helps to mark off the documents, who gets cross-examined by the Defence representative. All Management Witnesses are cross-examined and vice-versa.  For facilitating a smooth process of the Inquiry Presenting Officer is appointed on behalf of the Management and the accused Employee can appoint a Defence Representative who normally shall be a person from the Union/Association the said Employee belongs to. After completion of the Inquiry, the Inquiry Authority gives his decision whether an Official is guilty or not. An appropriate authority normally Zonal Head in the rank of Deputy General Manager/General Manager pronounces the punishment.

When such due process is followed during which the documents are identified and accepted by both sides, there shall be little chance after completion of the inquiry, not to accept such documents at a later date.  

Sir 

PO has been provided me 6 documents

1.copy of FIR (my name is not mentioned in neither FIR nor FR). Original/ certified copy also not in record of Bank.

2. Copy of an unsigned press release (my name is also not mentioned in this note also certified/ original copy is not in record of Bank)

3 A certificate letter regarding not ability of account opening form in branch  was issuesd by Branch after the date of Charge Sheet has been taken as prosecution document)

PO hand over all these document with a covering letter mention that document related to XYZ officer (my name was not mentioned, instead of my nam and of he mentioned the name of other officer who is also charge sheeted in same case with different charge)

p1 copy of FIR

p2 copy of press note

P3 branch letter regarding not ability of AOFs

I have accepted geniuses of these documents. It was my ist inquiry, I was not aware that genuiness of document can not be verified with photo copy document. Inquiry is still on, In next date I want to rebut these document with the reason that documents are not related to me these documents are related to other person XYZ.

Can I do this after acceptance of document?

Whatever I mention above was relating to the normal procedure followed in the process of Inquiry starting from Investigation.

Now you are going into the specifics of the case, the background of which is not known to the forum members nor it is possible or practical to bring the entire episode into this forum.

Kindly note that my clarification is to the extent that when you accepted the documents, during the due process of inquiry in SBI with your Defence Representative by your side and in the presence of Inquiry Authority, it would be difficult to take back your word. Kindly note that Inquiry Authority, although is an employee of the bank, does not represent Bank and his role is akin to a Judge in Court. It is the Presenting Officer who is representing the Bank like a Public Prosecutor in Courts. When PO gave you papers for your acceptance, your DR should have examined the same and should have taken a stand on your behalf (duly consulting with you) in the inquiry itself. If you have merely attested some documents in your capacity of an Officer of the Bank, not as part of the Inquiry and later the same attestation is being used against you, you along with your DR should have contested such use of papers signed by you as attesting Official during the Inquiry itself.

It is better you take the entire matter with all documents and details to your Association Leaders and seek their guidance, who shall be in a better position to help you. 

Sir  PO has provided me 6 documents 1.copy of FIR (my name is not mentioned in neither FIR nor FR). Original/ certified copy also not in record of Bank. 2. Copy of an unsigned press release (my name is also not mentioned in this note also certified/ original copy is not in record of Bank) 3 A certificate letter regarding not ability of account opening form in branch  was issuesd by Branch Head after the issue date of Charge Sheet has been taken as prosecution document) PO hand over all these document with a covering letter mention that document related to XYZ officer (my name was not mentioned, instead of my name and PF no. he has mentioned the name of other officer who is also charge sheeted in same case with different charges) p1 copy of FIR p2 copy of press note P3 branch letter regarding not ability of AOFs I have accepted geniuses of these documents. It was my ist inquiry, I was not aware that genuiness of document can not be verified with photo copy document. Sir I want to also mentioned that as per the the covering letter of PO documents are related to other XYZ person. Inquiry is still on, In next date I want to rebut these document with the reason that documents are not related to me these documents are related to other person XYZ. Can I do this after acceptance of document?

Regards

Ajay pathak Scale 1 Officer SBI Sharma.amar.007.007@gmail.com

Dear Sharma jee,

Okay, you have merely attested the genuineness of the documents (albeit based on Xerox copies). Whether the same documents are marked during the course of Inquiry? It is not clear. If so, why you/your DR allowed the documents to be marked against you also while the documents, as stated by you, are not relating to you!?

Normally PO gets the copies of the relevant documents attested by an official who is not directly related to the matter on hand. If more than one Official is involved, PO normally does not get the attestation done by any one of them. Of course, if the objection is the only discrepancy between the original and the copies attested by you, original documents shall speak for themselves. There appears to be much confusion about attesting and accepting the documents.

In any case, if the Inquiry is still continuing and in the process of recording Witnesses etc., you may give a representation, in consultation with your DR and other Association Leaders well versed with the matter, addressed to the Inquiry Authority stating your reasons for not accepting the documents at this stage. It is for IA to permit such reopening of the process relating to already accepted documents. It depends upon the reasons for such a reversal of your stand. Whether the documents attested by you are not a true copy of the original? I just do not understand how you have attested documents based on photocopies! I do not know the charge/s against you. If charges against you include carelessness in accepting documents, your representation may just add to it and proves the charge. So be careful.

Comrade,

You are being represented by a Defence representative.

You have admitted a public document (FIR), a press release, and a certificate of non availability of account opening form issued by SBI branch.

In none of the documents, your name was mentioned.

According to my knowledge whether you accept it or not they are public documents as SBI is a public authority.

The only issue is what is the charge? and in what way the admission of these documents vitiates the defense in your case.

Being a bank employee, understand the difficulties of giving precise guidance without full details.  Contact a leading Labour advocate who is handling your union matters for precise guidance.

Sir 

List of prosecution which was provided to me, my name was not mentioned on it. Instead of my name an other officer name XYZ was mentioned on list of documents which I had received and accept the genuineness of these documents in last hearing date. In next date I want to rebut these documents on this ground that documents which were provided me are not related to me. Also want  make request to proved prosecution documents related to me, if any.

Regards

In the absence of material facts, it impossible to make any meaningful suggestion.

started new thread

https://www.lawyersclubindia.com/forum/departmental-proceeding-in-sbi-bank-212479.asp

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Once you have committed, then it may may not fair to contradict. However, you are at liberty to filr written statement favourin your chances.