That there has been no evidence before the Inquiry Officer and despite this fact, the charge has been proved on the basis of wrong premises, being a case of ‘No evidence’ That the account has since been closed without any financial loss to the bank. 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 curable answer for it. Charge-III (2) (c) Allegation – In account No.C/c 3 of M/s Dasondhi Ram Pawan Kumar, recommendation of IInd man in the branch has not been obtained. Findings of the Inquiry Officer/Disciplinary Authority The charge has been proved by the Inquiry Officer and the Disciplinary Authority has endorsed the same. Case of the defence That the allegation has been proved on the basis of investigation report vide Exbt M130 (b) which has been an un-ratified document and redundant document. That the account has since been closed without any loss to the bank. That the application was filled in and processed in the hand of Sh.M.L.Ahuja, 2nd man, who has also disbursed the loan and simply the words recommendations were inadvertently left to be recorded alongwith his signatures, otherwise from the conduct of the appraisal note and the application being in the hand of 2nd man, it is proved that he has recommended the proposal. But no action was taken against the 2nd man either for not recording the deviation or for not placing the recommendations despite his appraisal. Thus, discrimination against me. 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 III 2(d) Allegation – The loan documents have not been got executed as per the extant guidelines of the bank. Findings of the Inquiry Officer/Disciplinary Authority The charge has been proved by the Inquiry Officer and the Disciplinary Authority has endorsed the same. Case of the defence That the allegation is itself vague and ambiguous because neither the extant guidelines of the bank nor the deficiency in the document is known to the charge. Thus, the allegation is also in violation of Regulation 6(3) of D & A Regulations, 1977. That the imputation is outside the purview of Article of charge. That the allegation has been proved without any evidence except M130 (b) which is investigation report without any Annexures and whose author was not examined before the Inquiry Officer to afford me an opportunity of his cross examination. No witness has proved the truth in the contents of the report. The account has since been closed. 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 III 2(e) Allegation – Sh.Mahi did not obtain any collateral security in the abovesaid account in contravention to Head Office guidelines. Findings of the Inquiry Officer/Disciplinary Authority The charge has been proved by the Inquiry Officer and the Disciplinary Authority has endorsed the same. Case of the defence That the allegation is itself vague and ambiguous because neither the extant guidelines of the bank nor the deficiency in the document is known to the charge. Thus, the allegation is also in violation of Regulation 6(3) of D & A Regulations, 1977. That the imputation is outside the purview of Article of charge. That the allegation has been proved without any evidence except M130 (b) which is investigation report without any Annexures and whose author was not examined before the Inquiry Officer to afford me an opportunity of his cross examination. No witness has proved the truth in the contents of the report, thus, it is redundant. The account has since been closed. 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 III 2(f) Allegation – Sh.Mahi has permitted frequent overdrawings in the above mentioned accounts upto the maximum extent of Rs.7.85 lac, Rs.8.08 lac and Rs.8.13 lac respectively beyond his vested loaning powers without reporting and getting his action confirmed from the competent authority. Findings of the Inquiry Officer/Disciplinary Authority The charge has been proved by the Inquiry Officer and the Disciplinary Authority has endorsed the same. Case of the defence That the allegation has been proved without any evidence except Exbt M130 (b) which is un-ratified document and M42 , M43 and M53 which are only statement of accounts which don’t depict who has allowed the said overdrawings in the accounts. Thus, the allegation has been proved without any evidence and without any base and purely based on suspicion, conjecture and surmises. That the account has since been closed without any loss to the bank. That the allegation has not been so serious under the given circumstances that it would have attracted harsh punishment of ‘compulsory retirement’. Charge III 2(g) Allegation – The abovesaid C/c accounts i.e. C/c 3, C/c 4 and C/c 5 were adjusted on 24-12-2007 unauthorisedly by debiting three entries of Sundry bills account aggregating Rs.24,38,336/- (Rs.,98,394 + Rs.8,15,529/- + Rs.8,24,413/-) and affording credit to C/c 3 for Rs.7,98,394/- of Dasondhi Ram Pawan Kumar, C/c 4 of Sanjeev Kumar Sachin Kumar for Rs.8,15,529/-and C/c 5 of Punjab Trading Company for Rs.8,24,413/- debit and credit transfer vouchers were also not got signed from the parties concerned. Findings of the Inquiry Officer/Disciplinary Authority The charge has been proved by the Inquiry Officer and the Disciplinary Authority has endorsed the same. Case of the defence That it is most humbly submitted that after alleged deficiency in documents for the earlier sanction in these accounts, it was considered appropriate to execute fresh documents so that observations are is removed. The main alleged deficiency was of date which could be rectified only after obtaining fresh documents. But fresh documents were also not possible unless fresh accounts are not opened. Thus, to the best of our wisdom and diligence, it was considered appropriate to keep the outstanding balance as proceeds of the old accounts in sundry and thereafter to open fresh accounts of the same parties for the same facility on the same terms and conditions by way of crediting the old accounts by way of debiting to the sundry account. Thus, there is no manipulation but old accounts were closed from the proceeds of new accounts and the new accounts were opened from the proceeds of old account with the same amount of debit and credit i.e. new a/cs were debit and old accounts were credited and for purpose the proceeds were routed through Sundry accounts, where the proceeds were parked for routing. That while doing so, the documents and vouchers were executed by the 2nd man and nothing has been malafide. That these accounts were closed without any loss to the bank. That no ill motives are inferred and neither there have been ill motives nor I have gained anything out of it. That whatever it was done, the same has been in good faith and in due course. 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 III (3) – A - That three entries of sundry bills account aggregating to Rs.24,38,336/- created on 24-12-2007 were adjusted to the extent of Rs.18.75 lac by allowing availment in the above mentioned three accounts i.e. in C/c 6, C/c 7 and C/c 8 of Rs.6.25 lac each. The remaining amount of Rs.5,63,836/- in sundry bills account was adjusted by debit to the account of Harbhajan Singh Rs.3 lac on 01-01-2008, Jaswinder Kaur by Rs.2 lac on 01-01-2008 and to the C/c 6 account of M/s Dasondhi Ram Pawan Kumar Rs.63,336/- and he has thus committed the following lapses:- (a) Allegation – All the above three firms are allied firms to each other and allowing credit limits to these parties was not within the vested loaning powers of Sh.Mahi. Allowing such over unauthorized accommodation was not reported to the competent sanctioning authority and case for confirmation of such action has also not been got confirmed from the competent authority. Findings of the Inquiry Officer/Disciplinary Authority The Inquiry Officer has proved the charge and the Disciplinary Authority has endorsed the same. Case of the defence That the allegation is not covered under Article of charge. That this point of allied concern has already been discussed under charge III (2) thereby proving that these were not allied concerns. That the accounts were closed without any loss to the bank. That the excess amount as overdrawn availment was to be recovered and thus it was recovered thereby safeguarding the interest of the bank. Since these were not allied concern, therefore, case for confirmation by the competent authority was not required. 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, but alongwith a cancerous disease of Flaria in my right leg which is un-cureable and medical science has no cure whatsoever of it. Charge III (3) (b) Allegation-Sh.Mahi had not reported the above accounts in the relevant LSS to the then Regional Office, Jalandhar. Frequent overdrawing was also allowed which was not reported to the Controlling Regional Office. Findings of the Inquiry Officer/Disciplinary Authority The Inquiry Officer has proved the charge and the Disciplinary Authority has endorsed the same. Case of the defence That the LSS was prepared and signed by the 2nd man Sh.M.L.Ahuja. Thus, the allegation is not remotely attributable to me. That no document has been adduced to prove that it was reported by me but incorrectly. That the Exbt M130 does not indicate my name as erring official. That the charge has been proved without an evidence as it was a case of NO EVIDENCE. 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, but alongwith a cancerous disease of Flaria in my right leg which is un-cureable and medical science has no cure whatsoever of it. Charge III (3) (c) Allegation-The conduct of all the three accounts is not satisfactory and the accounts are running irregular. Findings of the Inquiry Officer/Disciplinary Authority The Inquiry Officer has proved the charge and the Disciplinary Authority has endorsed the same. Case of the defence That during my tenure all the accounts have been regular and in standard category. That no account has been transferred to NPA category which is an evidence that the allegation is false. That the witness MW2 has confirmed in his cross examination vide EP page 84 Question No.7, 12 and 13 that all the three accounts are regular and in standard category. That the accounts have been reviewed/renewed on 31-03-2010 after the date of the charge sheet i.e. 5-10-2009. That the accounts are not being renewed only for the success of the allegation in the charge sheet. That it is a case of my discrimination and victimization. Charge III (3) (d) Allegation – He has not obtained any collateral security in these C/c accounts and the creation of primary security is also not established. Findings of the Inquiry Officer The Inquiry Officer has proved the charge and the Disciplinary Authority has endorsed the same. Case of the defence That the EM was already created on the proposed collateral security in a different account and still it is in force. Simply letter of continuity is not being shown for the success of the allegation in the charge sheet. That the interest of the bank is fully secured since huge collateral security is already in possession of the bank. That even after my relinquishing the charge, the operations in the account have been allowed and the account was reviewed on 31-03-2010 and till today, the parties are conducting regular transactions through the accounts. That under the aforesaid given circumstances, the allegation wherein the letter of continuity has been made hidden is not so grave that it has warranted my ‘compulsory retirement’. Charge III (3) (e) Allegation – He created bogus/fake account of sundry bills thus violating bank’s guidelines. Findings of the Inquiry Officer/Disciplinary Authority The Inquiry Officer has proved the charge and the Disciplinary Authority has endorsed the same. Case of the defence
Posted on: Thu, 06 Jun 2013 06:02:00 +0000
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