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lazerjeyaprakash   12 March 2015

Enquiry

Dear sir

I am Lazer Jeya Prakash, SBI officer.  I have been arrested by CBI in June 2013 for a fraud happened at PNB, Salem and routed through the current account maintained at SBI, SXC branch. The fraudsters have opened a CA at my branch by submitting 10 documents. I have verified all the originals documents before permitting them to open the account. Their activity as advised was erecting wind mills. As advised their account was credited with huge funds. They submitted cheques to remit the funds to land lords through RTGS. I passed all the cheques as they were in order.

Later, I was transferred to 2 different branches. In January 2013, I was summoned by CBI as witness for enquiry. I came to know that the funds credited in the CA in 2011 was defrauded funds. Unfortunately all documents relating to the fraud at PNB was reported lost by PNB. Although fraud happened at PNB, CBI accused me that I should have verified the source of funds. I was accused a A-13 and arrested.

The case was now at CBI court Coimbatore and I understand that the process will take a long time. The main accused (A-12) charged by CBI was still ubscanding.

I was suspended by the bank on 28.6.2013 as I have been arrested and was under judicial custody for more than 48 hrs. I was given a chance to appeal against suspension. I submitted my appeal in time as soon as i came on bail . The bank has not given any reply till date for my appeal.

In Dec 2013, The Bank called for an explanation for certain irregularities and lapses at the branch. I submitted my detailed explanation as the irregularities were minor and branch practices.

CBI filed their chargesheet in March 2014. Bank served me with chargesheet in April 2014 and started its enquiry. I was shocked that the charges framed by the bank and CBI are mostly similar. 

Yet, I attended the Bank enquiry. In the process I was shocked that various documents demanded by me from the branch to defend myself was reported as not available. Various letter copies having evidence in letter sent register & Courier register are not available. The bank enquiry process was done to prove the framed charges. Hence I obtained interim stay from the honourable High court to stop the enquiry process as it is. (As both the charges framed/ witnesses arranged by the bank and CBI are similar).

The interim order was served to the bank on 4.12.2014. I understand that the bank is taking steps to vocate the stay.

Sir,

1.Is there any time limit for applying at the court to vocate stay?

2.Can i approach court to direct the bank to reply my appeal to revoke suspension as there could be only 2 options.

Option 1 - Reinstate me in the Bank with backdated effect with an undertaking to abide the outcome of CBI court case.

Option 2 - Suspension stands, Then I should be paid the eligible full pay & allowances as I have been under suspension for nearly 2 years.

Please advise suitably.

Regards

Lazer.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     13 March 2015

You have already engaged a lawyer to defend and fight out your case, he will be the better person to advise you on the queries raised because he knows the facts of the case in full and had been handling your case from beginning. Wait for the outcome of the court case.

lazerjeyaprakash   14 March 2015

Dear sir,

Thank you for your reply and advise.

The case is lodged at Coimbatore CBI court.  I have engaged an advocate at coimbatore for defense purpose. I understand that the case would take a very long period due to various reasons.

My concern is regarding my employment in the Bank. Please advise the procedures and directions available...........

The fraud has not happened at my Bank.............  All 82 documents listed by CBI are xerox copies and the original documents have been lost by PNB officials.............. The main accused as charged by CBI is still absconding...............

My Bank has suspended me for the reason that I am remanded for Judicial custody. My Bank has waited for more than 10 months till the CBI to file their charges at court and then they have charge sheeted me for certain lapses & irregularities. The charges framed over me are branch practices.

Out of 8 charges charged on me by the Bank, 4 are non maintenance of registers, 2 for non verification of KYC documents, One in general and the other is non reporting.

Sir, the 4 registers reported as non maintained are not discontinued by me, These registers were not introduced at the branch since opening. Moreover these registers are to be entered by clerical staff.

All 10 KYC documents were verified by me with originals during account opening. Cheque books, letters sent by our chennai LCPC centres through speed post have been promptly delivered and not returned.

Many copies of branch correspondence letters sent by me in 2011 regarding the transactions are said missing now during enquiry process although they have concrete evidences in letter sent register & despatch registers.

Considering the Banks motive to prove the framed charges, I have obtained interim stay at high court to stop the enquiry process, which will affect my defense in court case.

In this situation will I be not eligible for full pay ( 2 years under suspension).

Kindly advise

lazerjeyaprakash   19 March 2015

Dear sir

I have been charge sheeted by the bank management for 8 lapses and irregularities.

4 are for non maintanence of register, 2 for non reporting and 2 for non verification of genuineness of KYC documents during account opening.

The 4 registers reported as not maintained are not discontinued by me or in my period. The branch has not introduced the register since opening. Moreover the register has to be updated by the clerical staff and initialed by me. My predecessors or successors are not questioned. No inspecting officials have recorded this irregularity in their reports. No controllers who visited the branch has commented in their reports or books.

These registers are not in practice in most of the branches of SBI.

I have asked a few branch including the branch where I am chargesheeted the data regarding these registers under RTI act such as

1. Is there any rule/ practice of these register in Bank/ Branch

2. Date of introduction of register / date of introduction of the system at branch.

3. Who is supposed to make entries in the registers.

4. Had any inspecting officials / visiting officials recorded/ noted the non maintanence of the registers/ practice in their reports

5. Dates of inspection conducted by controllers etc... at the branch

The branch has replied me without submitting the required data by referring the section 8 (1) d of RTI act 2005, that the information sought involves commercial confidence of the bank.

Sir, I have the xerox copy of those registers from my branch.

I am an employee of the bank.

I have not sought out any information of third party.

There is no commercial confidence matter in my question.

Sir, Is the Banks reply reasonable. What shall I do to get the reply.

Regards

Lazer


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