Hari Krishna 30 November 2017

Urgent advice needed regarding disciplinary authority

Hi to every one,I need a urgent advice from the experts regarding my writ petition which is coming for hearing in the next week.

Brief facts of writ petition - Iam a manager in a public sector bank.A departmental enquiry has been conducted against me stating that i derived undue pecuniary gain.In the enquiry the Enquiry officer has himself presented the case and evidences as the presenting officer is unable to present any evidence whats ever.The enquiry officer has himself wtitten his report that presenting officer has failed to present the case and stated that charges are only partly proved .Based on the report the disciplinary authority has proposed only 1 increment down and sought the CVO advice.At that time there is no permanent CVO in the organization.Instead of CVO the Disciplinary Cell,H.O has modified the punishment to removal and forced the Disciplinary Authority to adhere to removal decision.With the continous pressure the D.A has given removal from service order.Not happy with the decision i prefered an appeal covering all the wrong tactics obtained by the E.O.The appellate authority has sought the observations of D.A.The D.A has conveyed to A.A no charge has been established in the enquiry and Enquiry is not done properly so told to reinstate me into the service immediately.The A.A has ignored his observations and continued the Removal from service decision.

I have obtained all the records and correspondance of the case through RTI and filed a writ petition in the high court.The court has asked the bank to file counter affidavit.The Bank in their counter affidavit stated that Since the Disciplinary authority has retired, another person will be the respondent as Disciplinary Authority,In their counter affidavit the present D.A is stating that he has not given any observation on appeal nor sought any CVO advice ignoring the earlier D.A 's records.

My question is whether do one case can have two Disciplinary Authorities?

Can he ignore and sideline the Earlier D.A's statements and records and impart new notions and points which are not present in the charge sheet and also in the records of the case?

I have obtained all the records of the case which are crucial evidence of wrong doings of the bank through RTI from the last two years runiing from pillar to post.Now do they have any value in court?

Please advice me in this so i can argue in the court and also any additional advice is appreciated.

Thanks in advance.

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9 Replies

(Guest)

Mr. Hari Krishna,

If you ask my frank opinion, after a long descripttion you have raised quite a vague query, not a real problem, if being faced. To be frank further, I am not convinced about the reality about your case.

However, if there is even slightest of tuth in your descripttion, by the way what is the opinion of your own lawyer through whom you have filed your petition, as before asking your question you have not made any mention about that and what exactly is your own doubt on that? Please be aware, arguments is the secondary issue, first thing is the knowledge and expertise of your own lawyer on the issue.

Question arises, if your own lawyer is not able to know the nitty gritty of the diciplinary proceedings, how he can ensure you to fight your case effectively to safeguard your interest.

I have the perfect answer to your query, but at first I want to know the opinion of your own lawyer.

Hari Krishna 01 December 2017

Sir, i swear i am telling the facts with all evidence in my hand.If u want i will all the evicdence to you.

My advocate only says that we have good case and many merits.He further says that Bank officials have no place to hide to evade the evidence collected through RTI.

Sir,Iam very much tensed as my whole family is dependent on me.If not there is no future for my kids.That's why i sought the opinions of members stating all the facts of the case.

Thank you

(Guest)

I endorse the views of Mr. Dhingra, Your lawyer may only be giving you sweet pill by keeping you in dark. If your lawyer has based his case merely on the perception that the DA cannot be changed, definitely he does not know the rules and procedure of the disciplinary proceedings. By the way, if your case is based merely on the change of DA, but his assumption is scuttled down during the court trail, how your lawyer proposes to fight your case to get you justice?

In fact, the descripttion of your case history is quite vague and in a very disjointed manner without discussing the same in chronological order. and also, what specific irregularities on the aprt of the DA or the AA have been brought to the notice of the court through your petition You have also not mentioned, what evidence is available in your hands in support of the assumptions of yopur lawyer.

(Guest)

The most essential basic facts are missing in your descripttion. Any advice becomes possible only after examination of case related documenbts.

Hari Krishna 04 December 2017

Sir,

What information i have to provide for the advice. i have given all the details of the case.

Can 2nd stage advice be given other than the CVO?Can they modify the punishment of D.A?If the D.A himself states that no charge has been proved after his retirement can other D.A change the first D.A 's decision?Can Enquiry officer act as presenting Officer?

Please advice me.

Thanks

(Guest)

Can you send a copy of the 2nd stage advice, whosoever has given, along with the orders of the disciplinary authority & appellate authority? If so send through email.

Hari Krishna 05 December 2017

Sir,will send the copies.

thanks

Hari Krishna 02 January 2018

Sir, I have sent the required copies to the e-mail 1962dcg@gmail.com.Please i request you to take your precious time to go through the copies and advice me accordingly.It has been 4 years iam wading in vain to get justice.

With Regards