Case of the defence 1. That on 08-01-2009, the account has shown debit balance of Rs.5,23,753/- and thus borrower deposited a sum of Rs.5,23,753/-. Thereafter, the account has shown zero outstanding balance. Therefore, it was construed that the borrower has nothing to pay as a reliance on the computer with a comprehension in the mind that the computer does not commit any mistake. I was also not well conversant with the operational systems of the computer. Thus, the no dues certificate perhaps would have been issued. But later on when the computerized system was pressed for levying of interest in all such accounts, then, the computer has disclosed further interest of Rs.31,799/- and thus, this error has taken place. 2. That for the aforesaid foolish inadvertent bonafide error, there have been no ill motives that I have gained something out of it. 3. That thereafter my successor has not made any efforts to recover the amount and so much so, the recovery suit was also not filed and a legal notice was not issued, thereby showing all these facts in the legal notice only for the success of allegation in the charge sheet. 4. It is also added that where the amount is clean but a court degree has been obtained as a payable debt of the bank then, for the execution of the decree, the person concerned has to be arrested by the Police being a criminal offence and as such, clean advances are more secured for the recovery point of view as compared to other dues duly covered with collateral security/ies. It is a human tendency that he is always ready to enter into litigations which are civil in nature but nobody wants to face the criminal trial where the punishment is imprisonment. Infact, nobody wants to be behind the bar come what may. Accordingly, this amount is recoverable provided a decree is obtained for the amount, may be at my cost. 5. That the error is not so grave that it has warranted punishment of my ‘compulsory retirement’ at the age when I was young and having more than 10 years remaining service with large liabilities of three daughters without a son and without wife, alongwith a cancerous disease of Flaria in my right leg which is un-cureable and medical science has no cure whatsoever of it. Charge VII ( C ) ( 2 ) – A/c KCC 86 – 12560 Santokh Singh Allegation – Sh.Mahi issued no dues certificate for release of mutuated land mortgaged in the a/c even though debit balance is outstanding. Findings of the Inquiry Officer/Disciplinary Authority The charge has been proved by the Inquiry Officer and the Disciplinary Authority has endorsed the findings. Case of the defence 1. That on 29-03-2010, a sum of Rs.40,235/- was outstanding in the account which the borrower has deposited. Thereafter, the computer has shown zero balance instead of making demand of payable interest. However, after observing zero balance, no dues certificate would have been issued. But thereafter, when the command of levying of interest was applied for relating to all such accounts, then, computer came into action and shown further interest of Rs.2,867/-. Immediately, the party was approached and on 24-08-2010, the borrower has deposited a sum of Rs.2,867/- and thus, entire amount has since been recovered from the borrower. Thus, no loss to the bank. 2. That the foolish inadvertent bonafide error has been on account of lack of knowledge and not being fully conversant with the system of working on computers. But, there have been no ill motives on my part whereas this error should have been noticed by the CTO who was fully conversant with the operational system of computer working. 3. That the error is not so grave that it has warranted punishment of my ‘compulsory retirement’ at the age when I was young and having more than 10 years remaining service with large liabilities of three daughters without a son and without wife, alongwith a cancerous disease of Flaria in my right leg which is un-cureable and medical science has no cure whatsoever of it.
Posted on: Sun, 16 Jun 2013 18:00:24 +0000
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