Question: I have been arrested by Central Bureau of Investigation (CBI) on 25.06.2013 stating that I have colluded with fraudsters to defraud bank money. I was working as the Bank manager at State Bank of India (SBI). The fraud has happened at a branch of Punjab National Bank (PNB) and credited to a customers account at my branch. I have permitted them to transact their account as the cheque presented by them for transfer are in order. The incident occurred in October 2011. I was later transferred to regional office in 2012 and then to another branch as manager in 2013.
All the evidences for forgery at PNB was lost during transit to CBI. Hence they diverted their attention towards the flow of funds and booked me in the case. CBI filed their charge sheet at court in March 2014. Due to my arrest in June 2013, Suspension order was issued by the disciplinary authority and I was permitted to appeal within 45 days. As such I submitted my appeal in august 2013 to revoke suspension as soon as I came out on bail. The appellate authority has not replied till today regarding my suspension. I was called for to submit my explanation in Dec 2013 about certain alleged irregularities. I submitted my explanation in Dec 2013 itself. As soon as the CBI filed their charge sheet in March 2014, Bank issued charge sheet in May 2014 on certain irregularities and started its enquiry process. The bank took 10 months time to issue charge sheet.
The charges mentioned therein are general practices followed almost at most of the branches, i.e., non-maintenance of registers, non-verification of genuineness of documents etc. The registers mentioned as not maintained by me are not discontinued by me. These registers are to be maintained by clerical staff. Theses registers are not introduced at the branch since branch opening. The incidents took place in 2011, nearly 3 years earlier and hence the letters/ correspondence in this regard are not traceable. Although there are entries in letter sent register, dispatch register etc. the Bank doesn’t accept.
As the disciplinary proceedings are not conducted in a judicial manner, I obtained an interim order from the High court to stop the disciplinary proceedings as the charges are one another the same in November 2014. The Bank has not filed any petition to vacate the stay till today (7 months).
As such I am under suspension for two years. Kindly advise whether I can approach the court for reinstatement. Please advise.
Answer: You can definitely approach the competent court for revocation of suspension and your reinstatement in service. Suspension for 3 years is a long duration. You have not mentioned whether your suspension has been reviewed from time to time, and also what are the rules in your bank relating to review of the suspension. Normally, nowadays, under the Government rules and also under rules of many PSUs (your bank rules may be similar), there are provisions for review of the suspension at periodic intervals such as 3 months or 6 months. These review orders have to be reasoned orders. You can check the rules applicable in your bank and accordingly approach the appropriate court against the suspension order.
Recently, there was a Supreme Court judgment in which it was observed that suspension should not be continued for long durations without serving the charge sheet. Please read: Suspension order not to extend beyond 3 months if charge-sheet is not served, says Supreme Court. The legal principle laid down in this judgment was derived from the right to speedy trial in criminal cases. Thus, the right to speedy trial, which is available in a criminal trial, has been, directly or indirectly, extended also to the suspension and departmental enquiries. Please go through this judgment, check the rules applicable to you in your bank, and approach the court by way of an appropriate petition (if needed, you should take help of some local advocate at your place).
Sir, I was suspended on 23.12.2019 by passing an order by my bank management.After that after in may 2020 a memo has been served for explanation . In this memo some irregularities has been mentioned. I replied it after checking all the relevant documents. After this an FIR has been lodged against me and my BRANCH manager for some sort of fraud ( accounts and cases were different from memo served in may) .For that FIR not a single memo or explanation call has been served to me. I don’t even know what are the matters . After that from my own sources I gether information about the cases, which I believe that I did nothing wrong and BRANCH manager has misused his powers. Today is 23 FEB 2021 I m still suspend. Chargesheet has been submitted by the Police. Waiting for the certified copy of chargesheet.
Sir..what should I do for my revocation of suspension. Till now I written so many letters to the bank management. But nothing informed by them…not memo no chargesheet..( related to FIR matters) but still I am suspend.
Sir,
I was working as Senior Manager in Canara Bank, Chandigarh Circle. In april 2020 , I was dismissed from services of bank. The charges on me that I have cheated to bank for extending finance to two families. There were 4 accounts where security was taken as Life Insurance policies and instead of taking surrender value I had taken sum insured value. The account then turned NPA. However, during my suspension and after my dismissal due to strenuous effort ,customer manages to close the account with entire liability. As of now there is no liability outstanding in all 4 accounts. It is pertinent here to mention that there is financial loss to the bank as of now as entire liability was cleared by the borrowers without any settlement. The bank has treated the matter as fraud for now, but due to no liability as of now they are not persuading ahead. However, they have stopped my gratuity release. What can I do sir? I have just one option left as Appeal. But I have a doubt that bank management will consider it. I had updated them regarding clearance of outstanding liabilities,but they have not reverted at all.
Kindly guide me sir whether I have to knock the door of Honorable court or go for appeal.
I was arrested in a criminal case and was bailed out after 5 months .I delayed 2 months by not applying for my re joining.after 2 months I applied for rejoining my duties and I was allowed to join at district office.after contesting case I was acquitted by the honourable session court.I applied for my reinstatement through proper Channel.All desired information was submitted to higher authority.But the problem is that the delayed period has no record in the office and authority is not reinstating me because of that delayed period.since one year I’m suffering and struggling for my reinstatement but I didn’t get any response what law say about this how should this case be dealt with
You have mentioned that you had rejoined the service after two months of getting released. If that be so, where is the question of reinstatement (from suspension, it appears)? An employee is not allowed to join duty unless the suspension is revoked. It may perhaps be a question of “deemed suspension” due to custody; so, it may perhaps be a question of “regularisation” of the suspension period. As there is an acquittal, usually the deemed suspension period should be regularised. In the worst situation, the period of 2 months for which there is no record, may be considered as an extraordinary-leave period for which you may or may not get salary. You can approach the concerned court / tribunal, if the department does not give you proper remedy. Consult a local lawyer, if needed.
Hello sir..i was a bank officer, joined bank under scst backlog quota in 1989.Bank violated all govt.guidelines,Dopt guidelines,scst service safeguard.,i was deprived of my career growth,bank never allotted any exposure to loan section , job rotation in my entire 27 years of service, despite my request to liaison officer,Higher authorities. Now for technical lapses occurred during sanctions, bank imposed major penalties of compulsory retirement, i have not accepted and i have 8years of left over service. And if i accept retirement i will be losing nearly one crore salary benefit. Also have financial commitments of my two grown up daughters..How to proceed.,my grevience is pending with National commission for scheduled caste.,recommendations ordered by vice chairman not considered by Respondent bank..please guide me..
Thanking you sir
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You may have to challenge the order of compulsory retirement in the appropriate court or tribunal, applicable in the case of your bank, as per the rules. Prior to that, you can challenge such order before the appellate authority in your bank, as per rules applicable to you. Such challenge has to be on the merits of the case. Consult some lawyer by showing him detailed facts and documents of your case.