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Respected Sir/Madam,

Sub: Employee suspension-Co-operative bank



I am a co-operative bank employee from 1988 by name Smt. Shashikala shastry W/o D.R.S.Shastry. I was a permanent employee of the bank, kept under suspension for some clerical error (omissions).



* Brief History

I was employed in a co-operative bank in 1988.On 28/04/2004 I was suspended for some clerical mistakes (omissions) by withholding three of my increments cumulatively.No inquiry conducted but show cause notice issued and answered for the same.With reference to the above, case filed with Joint Registrar in 2004.The above case was allowed in my favor and directed the bank management to pay all the arrears and in-case the bank has gone loss by the act of the employee the bank is at liberty to conduct the inquiry.The management has not produced any valid documents in the court till date.On this matter after lapse of more than 10 yrs, whether the bank can conduct the inquiry? Under what circumstances the inquiry can be conducted for NO fault of min? What are the documents I have to ask the bank now? Since the inquiry is prolonged (10 yrs) for no reason of mine, am I eligible for suspension Allowance (detail).

Kindly advise me on how to take the necessary legal action to safeguard my rights.

Thanking you,

Smt. Shashikala Shastry
28th December 2013 From India,

Anonymous 
Hello madam
as long as u r under suspension till the revocation of the the same u r entitle for the subsistence allowance + allowable benefits according to ur DA revision from time to time, the management willfully can not prolong ur inquiry and its the duty of the Disciplinary Authority to provide u all the necessary documents and proceed the inquiry otherwise its against the priciples of natural justice and u have all rights to question the same in the courts of law.
2nd January 2014 From India,
Thank you very much sir for your valuable suggestion and can you kindly guide me on how to face the inquiry , for ur information the management and the inquiry committee wants to question me on most of the matters which was exposed in the court by the bank management in writing but without producing any documents for its stand,reference to this, in all cases the Honorable court has asked to submit records of proof, but the bank management has failed to produce any document of its allegation against me till today,but my honesty has paid good results in all of my cases. In 2003 in one of case filed by me against the Bank management, the Honorable court clearly states in it's Order as follows: In any case, if the bank has gone under Loss by the act of the employee,It is at liberty to conduct the Inquiry, and by this inquiry, if the employee is not awarded justice, the employee is at liberty to take shelter under Law.
2nd January 2014 From India,
Dear Madam,

First of all, I would like to know whether you are still under suspension or you have been taken in active service after punishment of stopping 3 increments. The Court of Registrar has given liberty to the Bank to conduct inquiry if any loss is sustained by it. First of all you should ask what loss has been sufferred by the bank and what is the base of charge against you (If they have not supplied any charge sheet). Then you have to ask for the documents supporting their stand. Then you have to ask for documents in your support which may be in possession of the Bank. You can ask for all and any documents connected with the incident. (If they fail to provide them, it will be a point in your favour.) Then ask for permission to engage advocate for defending your case in Departmental Inquiry. (Which they will not give, but it will be a positive point in your favour.)

If you give your full case history, we can assist you in defending the Departmental Inquiry. But what is of prominance is that you should ask for an opportunity to defend your case and the management would deny it resulting in breach of Principles of Natural Justice.

Feel free to ask further advice.
4th January 2014 From India,
Thank you very much Mr. Vadia sir,for your information the bank has kept me still under suspension though the Joint Registrar court, stay the order of suspension,(2004) the management has appealed before the Karnataka Appellate Tribunal (W P ) with a requisition not allow the employee to work in the bank as earlier since her presence will cause/damage important documents of the bank and also the suspension is not a punishment and at the same time she been paid with subsistence allowance ,by considering the plea, the honorable KAT Court allowed the same. later the case returned to the Joint Registrar;s court, here as per the bank allegations the bank has not produced any valid(Documents) papers, On repeated requests too, where it took almost 15 months and the court passed orders in my favor with an order (2006) - The Bank management is at liberty to conduct the inquiry,if at all in any case the bank has incurred any loss due to the act of the employee and by the inquiry of the bank, if the employee is not awarded Justice,the employee is at liberty to take the shelter under law. After this the bank started the inquiry by appointing an ex employee (CEO Y N Laxmi prasad) of the bank ,who has attended the court on behalf of the bank in joint Registrars court against me,for which i raised a serious question before the Joint Registrar about his appointment which will vitiate the inquiry & not justifiable, then the registrar has quashed the appointment of the Inquiry officer and directed the bank to appoint the right EO in place of ex- employee, The order of the JR was followed by the bank by appointing one more new EO advocate vykuntaswamy, the learned counsel started the inquiry in English and issued a documents list and as per that list,some documents were not issued to me in spite of several repeated requests, he tried to manage the inquiry nearly 8 sittings.After this situation i appealed in writing to conduct the inquiry in state administrative language ie.Kannada for which he demanded me Rs.5000/- per sitting(this was exposed in writing in inquiry procedure sheet ) for the demand of the EO i did not agree. after this the EO conducted inquiry sittings and in the procedure sheet the officer started writing that the employee (myself) is not co-operating in the inquiry ,for which i did not agree with his findings i started writing my clear cut opinion after the inquiry in the Inquiry procedure sheet itself and affix my signature ,for which the honorable EO raised serious objections.After writing the happenings of the inquiry, in the procedures ,2 to 3 sittings continued and stopped the inquiry(half done) with no proper intimation,& prolonged the inquiry for no reason upto 2013, and now the bank management has started the Inquiry on me after a lapse of nearly 10 years and from 2004 i been paid a subsistence allowance o f 50% of my salary and till today they are paying the same and not according to change of DA from time to time for which i written several letters of request to pay the allowance as per rules ,but my request is in vain. with reference to the above problem of mine i have contacted many advocates including the retd judges etc., everybody wonders and say its a peculiar and fit case of harassment and it is nothing but a legal terrorism, So have decided to fight legally, ,just because, am prompt and truthful in my works and not co-operated to any type of illegal activities of the bank, in order to tune and mend me to their requirement the management has taken lots of illegal steps against me. Kindly help by giving me legal suggestions to overcome this legal terrorism and help all others who are not able to rise their voice legally .
5th January 2014 From India,
Dear Shashikala Shashtry,
It is really shocking to note the "legal terrorism" adopted by the management.
In the second phase of inquiry, you should do certain things which would help you in long run.
Ask for remaining documents which you had demanded, but not supplied by management.
Ask for permission to engage an advocate as defense representative.
Ask for increase in subsistence allowance being paid to you.
20th January 2014 From India,
Thank you very much Mr.Vadia Sir, for your timely response.

Let me inform some more , I have filed a fresh case against the Bank (Dec 2013) recently to pay subsistence allowance as per law.(ie, 75 % or full salary) The present inquiry is the third attempt, even to get the documents, the management has made me to run pillar to post, lastly The JR has ordered to issue the documents requested by me in 2009 itself. Now in the present inquiry, the authority, without any Documents list, has given me a bundle of (40 pages)papers.

and these papers are not certified or marked.The Authority has not allowed my request to engage an advocate to defend my case and from the beginning the Bank is not paying me the the Travelling Allowance to attend the Inquiry. Apart from this,when the(3rd) inquiry is in progress, without any kind notice or information the Bank stops my September 2013 month's subsistence allowance. This act of the Bank was questioned,here the Bank answers, the stoppage of subsistence allowance was the decision of the General Body, and the Bank administration claims, it has reviewed the matter and credits the same to my account. But without subsistence allowance the Disciplinary Authority has proceeded the inquiry, is it correct...........

Expecting valuable suggestions and opinions


20th January 2014 From India,
Dear Shashikalaji,

If they stop payment of subsistence allowance, you have a right to absent yourself from inquiry until the payment is made. While you are absent, the Inquiry Officer may hold the inquiry ex-parte, but that would amount to breach of principles of natural justice. You may also give in writing that if would not be able to attend the inquiry unless travelling allowance is paid to you as per rules.

As they have not provided documents in a systematic manner, you may also ask for inspection of original documents and compare the copies provided to you. You may take help of a defense representative for the purpose of inspection. If your request for inspection of original documents is not acceded to, it would amount to denial of reasonable opportunity resulting in breach of principles of natural justice.

You may also ask for adjournments on various grounds including illness supported by medical certificates. If enough adjournments are not granted, it would also amount to breach of principles of natural justice.

What you have to bring on record is breach of principles of natural justice in conducting departmental inquiry, because, on merits, it is very hard to prove your self innocent before the inquiry officer, who would be an employee (ex-employee) of the Bank.

You have already got one point - denial of engaging advocate for defense, where the other side is legally conversant person. Gather other points by getting as many as possible incidents of breach of principles of natural justice.

Hope you will get over the 3rd attempt of inquiry with due presence of mind fully aware of your rights and their duties.
20th January 2014 From India,
Thank you very much Mr.Vadia sir,
your valuable suggestions will be followed with at-most care and caution. I have collected quite a lot of proofs, where The Bank Management has failed to follow the legal procedures from the beginning.
shashikala shastry
21st January 2014 From India,
Dear Ms. Shashtri,
Please keep going with strength and presence of mind. I would like to know the result and any further development in the matter. You may mail on personal address regarding them. I would appreciate and be able to solve your further queries if any.
23rd January 2014 From India,

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