Dear Sir. I am m.r.Govindaraji, Rmro (u/s) JMG –I sbi omalur branch Salem dt tamil nadu. Initially I appointed as omr (officer marketing recovery) on 31.03.2008 for 2 year contract period in state bank of India. Then I confirmed as permanent employee as RMRO (Rural marketing recovery officer) JMG-I on 02.08.2010 by madras high court writ petion. Then transferred from first branch to other 2nd branch on 26.07.2012. When I was 3re branch sbi omalur that time I was suspended on 31.03.2017 due to some irregularities at my first branch. After 7 month my suspension bank has filed FIR on me at police station dharmapuri. Then I filed writ petion at madras high court for reinstate but still now it pending. Now regional manager sbi immediate authority has issued expiation letter dated 03.07.2018 regarding suspension for that asked circular and loan documents he is not given. Then Disciplinary authority (DGM) has issued charge memo dated 02.05.2019 and I challenged that in madras high court for quash but its dismissed. now DGM has issued letter that the enquiry officer has fixed and he will announce date and time and be ready and make your own arrangement if any witness without giving list of document and its my defense statement. Kindly guide us how to tackle this problem immidietly thank your sir Mail [deleted] cell; [deleted]
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Lawyers are available now to answer your questions.
ON the next date of hearing , demand in writing to provide copy of charge sheet along with document and show your inability to represent to your defense effectively in the absence of it. Still not provided, clear violation of fair trail and principal of audi alteram partem.
you are entitled to be furnished copy o documents on basis of which enquiry is being done against you
2) send letter to enquiry officer to furnish you documents on basis of which bank is relying upon to enable you to file your reply
sir before attending domestic equuiry can i ask all relevant document of loan and circulars through registered post from bank to the perusal for preparation of defense statement. if bank is not submitted all relevant document by registed post to me can i participate enquiry or file writ for seeking all relevant document
The enquiry officer has to provide you all materials .
Regards
G.Rajaganapathy
you can seek copy of various documents relied upon by bank to enable you to file your detailed reply
2) you can file writ to direct bank to furnish you documents on which enquiry is being conducted against you
Yes, send the request on official I`d and via registered post, without providing documents, any order passed shall be void.
Appearance is must and submit in written, without document unable to defend.
Yes you can file writ petition for the same
1. IF allegations are put to an accused, THEN the accused is legally entitled to all the documents relating to the accusations for is defense. This is called "Natural Justice", without which the inquiry proceedings would be defective and won't stand legal scrutiny, in a court of law.
2. File written application to provide you with all the relevant documents relating to the inquiry and few weeks to prepare your defense.
3. You would be entitled to defend the accusations thru a lawyer expert in the matter.
Make your submission before enquiry authorities that all copy of all relevant documents be provided to you for further submission of your defence.
you can seek with investigation officer to provide you all relevant documents, if he refused then you can file writ petition.
You need to make an application to DGM to ask for copy of documents and cases under which the inquiry is pending for preparation of your defence accordingly.
They will not provide you the list of witnesses to keep them safe and prevent them from turning hostile.
In the departmental enquiry, if you have received show cause notice then it becomes your duty to give a reply denying the charges agaisnt you as found in the notice and then participate in the enquiry proceedings.
You will be furnished with the documentary evidences they may rely upon for this inquiry or you can record your objections in writing stating that your were not given the copies of the documents hence the inquiry session is totally biased and malafide hence you will not get justice if the inquiry is proceeding in the same manner.
After that you can file a writ of certiorari mandamus before high court seeking dismiss the inquiry on the same grounds as the inquiry is not conducted in a fair and justified manner.
You can consult an advocate in the local and proceed.
You first of ll attend the inquiry and ask for the copies of all the documents that are relied upon by bank in prosecuting the case against you.
They have to furnish all the relevant document or else the inquiry is not fair and proper.
Yes, you are well within your rights to call for copies of all the relevant documents from your employer, so as to prepare your defence. Writ jurisdiction will not apply at this stage.
