Wrongful dismissal from State Bank of India
I was clerk ttypist in sbi badnera branch.from 1989 to december 1990 i prepared false vaouchers of pensioner as per oral instruction of my br.manager,accountant,field officer and cashier.I also put thumb impression in presence of passing offficer i..e.accountant,br,manager on fraud pensioners name and alive pensioner and make forged signature of pensioners and non pensioners.as per .branch manager oral instruction.I have no any writing evidence that officers asked me to do this.and on same ground bank suspend me in 1990 december and hand over case to cbi for detailed investigation.cbi also held me responsible for doing all fraud voucheral charges and filed case in spl.cbi court amravati in 1997.bank dismissed me in 1999 in departmental enquiry.in march 2013 i am acquitted from cbi court on benifit of doubt ground.now bank denied for my backwages.what is the solution to solve this problem.
Asked 3 years ago in Criminal Law from Pune, Maharashtra
can bank dismissed me before cbi courts decision.as the fact are same in cbi enquiry and bank enquiry.my second question is i only prepare credit voucher that benifit to bank but payment made by officers order and hence fraud happen.if payment not passed then question of fraud does not arise.i agree i made mistake for not complaint all these to my regional manager because i also geting benifit from branch manager.so i was expecting some punishment but bank taken severe punishment on me only why?if i filed case in high court against bank can i will succeed in the matter.i am completely tire for facing since last 24 yrs cbi enquiry bank enquiry cbi court decision.etc, now i am 63 yrs and completely tired both that is by health and financial.so pl.advice me so tht i can act against bank in furure.thank you sir.
Asked 3 years ago
For your backwages you need to file a petition before the Central Administrative Tribunal narrating entire history of your criminal case etc. Plus were you getting any subsistence allowance for the period you were unemployed? Plus did you earn from other profession during the time of your criminal case pending before the CBI Court?
The Bank enquiry is independent of the cbi enquiry. The Bank can proceed with its departmental proceedings irrespective of the case pending against you in any judicial or quasi judicial forum.
Now that you have crossed the age of retirement, are you getting any pension.
Please clear the facts and the questions asked.
file a petition before the Central Administrative Tribunal narrating entire history of your criminal case
Advocate, New Delhi
Thank you for advice me in the matter. If I appeal in central administrative tribunal what time it will take for decision and can i get success.and what are the charges for filing the same.
My question is who is responsible for fraud happen in bank.clerk typist who only prepared the credit vouchers or passing officer .
Asked 3 years ago
kindly keep in mind advocates can only make efforts and there no time limit can be mentioned,on the basis of your facts it seems to be passing officer
Advocate, New Delhi
Why did you obey an illegal order? You dug your own grave by complying with instructions which were demonstrably illegal. You should have said no and brought it to the notice of an authority superior to the one which asked you to commit this mischief.
Has CBI filed an appeal against the order of acquittal?
An order of dismissal can be passed even if CBI court holds you not guilty as the enquiry of bank has no nexus with a judicial proceeding.
You may move the High Court or Central Administrative Tribunal for back wages.No lawyer can foretell whether a proposed legal action will be successful or not.