Tagged: Disciplinary Proceedings
May 6, 2018 at 11:19 am #4669
I raised the Red Flag against corruption of crores and crores of rupees of bank loan frauds in United Bank of India (UBI) and acted as a Whistleblower to inform The Central Vigilance Commission (CVC) in Public Interest, by lodging a Whistleblower Disclosure in Central Vigilance Commission (CVC) portal in first week of April 2016 with relevant facts and supporting documentary evidences disclosing wrongful and illegal utilisation of public money in the name of giving loans during the period from 2009 to 2016 leading to abnormally high rise of NPA accounts of UBI College Street Branch, and many other Branches of UBI Jharkhand Region in recent years for appropriate action to save UBI from incurring huge financial losses where I highlighted involvement of Shri Umesh Kumar Roy (Origin: Bihar), present General Manager (Operations & Services) and the then General Manager (HR) UBI HO who held the same post of General Manager (HR) for almost 5 years starting from July 2013 to February 2018.
The CVC accepted my complaint and forwarded my complaint to the Chief Vigilance Officer, UBI for necessary and appropriate action. Regarding this Shri Kashinath Pati, AGM (Vigilance), Vigilance Department, UBI HO emailed thanks letter to me on 06/05/2016 in my email id.
Shri Umesh Kumar Roy, the then General Manager (HR), against whom I lodged whistleblower disclosure in the CVC portal in first week of April 2016, made illegal access to the copy of my whistleblower disclosure lodged in the CVC portal. Subsequently, as revengeful act, Shri Umesh Kumar Roy filed false and fabricated allegations in FIR illegally by making use of his direct subordinate officer, Shri Tanay Kumar, AGM (D&IR) UBI HO, vide Cyber Police Station Case No. 45/16 dated 13/05/2016 against my personal email id at Lalbazar Cyber Crime Police Station, Kolkata with an evil motive to trace out and confirm the identity of the whistleblower for punishing him by violating the provisions of The Whistleblower Protection’s Act, 2011 and Honorable Supreme Court Orders regarding protection of whistleblower.
On confirming my identity, as whistleblower, from Lalbazar Cyber Police Station, Shri Umesh Kumar Roy, the then General Manager (HR), unlawfully suspended me from the service of UBI by his own authority on 30/07/2016, followed by issuance of charge sheet with some false and fabricated charges by creating fake stories and initiation of illegal departmental enquiry proceedings through his self appointed Disciplinary Authority, Shri Vijoy Joshi, presently working as AGM & CRM (Cachar), UBI Cachar Regional Office, Silchar, Assam.
Shri Umesh Kumar Roy, the then General Manager (HR), against whom I lodged whistleblower disclosure in the CVC portal in first week of April 2016, also arranged his own departmental subordinate officers’ as the Enquiry Officer, the Presenting Officer and the Management Witness in Enquiry Proceedings. As a result the Enquiry Officer refused to keep any note of the points which were going against the interests of Shri Umesh Kumar Roy, the then General Manager (HR) UBI HO in the Minutes of departmental enquiry proceedings dated 06/09/2017, 14/09/2017, 15/09/2017 and 22/09/2017 by using Enquiry Officer’s Discretionary Power. No discussion or enquiry was done regarding the Bank loan frauds and corruption which I highlighted in my whistleblower disclosure in the CVC portal. I reported this matter time to time to the Managing Director & CEO Sir UBI, the Executive Director Sir UBI, the Chief Vigilance Officer (CVO) Sir UBI and Shri Vijoy Joshi Sir, the Disciplinary Authority cum AGM & CRM (Cachar) by both email and speed post letter dated 28/08/2017, 07/09/2017, 16/09/2017, 22/09/2017, 24/09/2017, 27/11/2017, 28/12/2017, 15/01/2018 and 17/03/2018 but all of them remained silent. No natural justice was extended to me in the enquiry proceedings.
On 30/12/2017 at 02:02 PM, I received the Dismissal Email from the Disciplinary Authority cum AGM & CRM, Cachar Regional Office, Silchar, Assam, with ‘Subject: Confidential Final Order – Avik Sinharay’ along with 2 attachment files:- 1) Signed copy of Final Order of Dismissal of Avik Sinharay from service of UBI vide Ref No.: PD/Cachar/3092/23863/2017 dated 30/12/2017 in PDF file and 2) an unsigned Draft copy of Final Order of my Dismissal from service of UBI in Microsoft Word Document File drafted by the then General Manager (HR) UBI HO, Shri Umesh Kumar Roy, in UBI Head Office, Kolkata and emailed to CRM Cachar (Assam) for signature and issuance to Avik Kumar Sinharay, making clear about the unlawful act committed by CRM Cachar.
The observations / findings of the Disciplinary Authority, Shri Vijoy Joshi, in the Final Dismissal Order of Shri Avik Kumar Sinharay (i.e. myself), dated 30/12/2017 stating ‘I observed…..’, ‘…. my observations …..’, ‘ … carefully considered by me….’ is totally false, fabricated and unlawful act because it was not drafted by the Disciplinary Authority, Shri Vijoy Joshi, himself at his office in Cachar (Assam) but it was drafted by Shri Umesh Kumar Roy, the then General Manager (HR), in UBI Head Office, Kolkata and emailed to the Disciplinary Authority, Shri Vijoy Joshi, in Cachar (Assam) on 30/12/2017 at 11:17 AM from the email id of Shri Umesh Kumar Roy’s direct subordinate officer Chief Manager (D&IR), UBI Head Office Kolkata, for signature and issuance to Shri Avik Kumar Sinharay by email on 30/12/2017 at 02:02 PM.
As the matter stands now, the person (i.e. Shri Umesh Kumar Roy, the then General Manager (HR) UBI HO) against whom I raised Red flag through Whistleblower Disclosure in CVC portal in first week of April 2016, on crores and crores of rupees of Bank loan frauds, not only suspended me from service by his own authority but also Dismissed me from service of UBI with order of disqualification for future employment in terms of Regulation 4 (j) of the United Bank of India Officer Employees’ (Discipline & Appeal) Regulations, 1976 through the Disciplinary Authority, Shri Vijoy Joshi, appointed by Shri Umesh Kumar Roy, the then General Manager (HR) UBI HO.
I appealed the matter to the CVC for whistleblower protection u/s 11 and related provisions under the whistleblower protection act, 2011 and also to the Honourabe Prime Minister Office but received no response from them as yet.
Kindly suggest me what should I do?
May 7, 2018 at 9:10 am #4677
Dr. Ashok DhamijaAdvocate
Section 11(1) of the Whistle Blowers Protection Act, 2014, provides protection in respect of victimisation by initiation of any proceedings or otherwise merely on the ground that such person or a public servant had made a disclosure or rendered assistance in inquiry under the said Act.
If the proceedings are completely unconnected with the above ground, then the above protection may not be available.
Secondly, for Union Bank of India, the competent authority defined in the said Act is the Central Vigilance Commission (CVC) to whom a complaint can be filed under Section 11(2) against such victimisation; and, the burden of proof that the action taken was not as a victimisation lies on the departmental authority (in your case, the AGM, who passed the dismissal order). If you have not filed such complaint, then you should do it now with sufficient evidence. But, if you have already done it (as it appears from your question) and if the CVC has not taken appropriate action on such complaint, then you can file a writ petition before the high court seeking direction to the CVC to perform its duty under the above provisions.
As regards your dismissal, you can also fight against this order in the court / tribunal having jurisdiction on the merits of the disciplinary action taken against you.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.
You must be logged in to reply to this topic. Log in/Register