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.
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.
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.
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
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.
How are you sir? I am very thankful for your concern. All these days, due to not knowing the legal issues i was not able to question the bank, the bank was running an illegal enquiry on me on exonerated charges the same was challenged by me. As I know the bank or employers cannot conduct or go ahead with the same charges which have been already enquired/punished etc..in my case both have been taken place now the court has taken the issue and kept the matter for orders on 5/5/2015. Once the orders are announced I'll post the same. My battle will never end, till I get the justice. I'm sure the management cannot punish me illegally by creating any documents against me.