Sh. K. R Kamath Cmd PNB New Delhi — Sub: - Sh.B.R.Mahi (PF52135), Ex-Manager, LBO Hoshiarpur Previous at B.O. Usmanpur. Charge sheet dated 05/10/2009.

Address:

Nawanshahr, Punjab

B.R. Mahi (PF 52135),
Backside K.C. Palace,
Saloh Road Nawanshahar,
Distt. Shaheed Bhagat Singh Nagar,
Punjab.

Sh. K.R.KAMATH
The Chairman and Managing Director,
Punjab National Bank
Personnel Administration Division,
H.O.: 7, Bhikaji Cama Place,
New Delhi.

Respected Sir,
Sub: - Sh.B.R.Mahi (PF52135), Ex-Manager, LBO Hoshiarpur Previous at B.O. Usmanpur. Charge sheet dated 05/10/2009.
It is submitted that I was compulsory retired from PNB LBO Hoshiarpur vide. Disciplinary authority order dated 6.7.2011 and confirmed by the appellate authority. My review application was rejected by The ED vide has order date 18/10/2012. I want to bring it into your kind notice that these order are issued on following flimsy grounds only to endorse the views of disciplinary and appellate Authority. It is not based on independent judgment based on independent views.
The view expressed in inquiry reports are not based on facts and figures. Enquiry report is made on the verbal instruction of the senior officers who are prejudiced against me because of some personal grudges against me. The charge sheet issued to me was very lengthy and records pertaining to the charge sheet were not issued to me to make my defense / reply to charge sheet intentionally.
The charge sheet was so exhaustive that with a single day visit to the branch, the whole record could not be inspected and noted to file the written reply of charge sheet. Documents must be provided to me to give the proper reply to the charge sheet in defence. I visited the branch on 23/10/2009 and requested for supplying attested copies of the certain documents for reply of charge sheet. I have not been given ample opportunity intentionally to give the reply of charge sheet on the verbal instructions of higher authorities.

A) MOST URGENT: - “THAT INSPITE OF SEVERAL NOTICES AND WRITTEN REQUESTS PROPERLY ACKNOWLEDGEMENT BY THE BANK, THE BANK HAS NOT PROVIDED ME DOCUMENTS AND THE LIST OF PROSECUTION WITNESS ON WHICH THE CHARGE SHEET WAS BASED. THEREFORE PROCEEDINGS CONTINOUED WITHOUT PROVIDING THE DOCUMENTS ARE NULL AND VOID.”
B) That the order of penalty has been passed by the incompetent authority.
1) It is submitted that in terms of PAD Circular No. 16 dated 10.1.2011, the Head Office has scheduled and designated the Disciplinary Authority as well as Appellate Authority w.e.f. 10.1.2011, according to which, the Asstt. General Manager in the Circle Office has been designated as Disciplinary Authority and in case, the Asstt. General Manager is not posted then the Deputy General Manager would be the Disciplinary Authority. In the present case, the Asstt. General Manager Mr. K.V. Anand was posted in the Circle Office and he was designated as Disciplinary Authority. But in my case, the Deputy General Manger Sh. S.S.ARORA has passed the final orders dated 6.7.2011 in violation of PAD Circular No. 16 dated 10.1.2011. It is a settled law that when the order has been passed by the incompetent authority then, the same is vitiated being illegal and not liable to be sustained. The reviewing authority is requested to kindly look into this aspect and to quash and set-aside the impugned orders dated 6.7.2011 of the Disciplinary Authority.
2) I want to Quote a glaring example of victamisation that I was on leave from 14-92007 to[protected] to visit Abroad and during this period Sh.M.L.AHUJA was officiating as Manager and he obtained loan application on[protected] and sanctioned on[protected] and also disbursed the loan of[protected] to the borrower. The mistakes committed by Sh.M.L.AHUJA by granting loan to his nephew The onus of these mistakes has been put on me even as I was not in India. Copy of passport attached which clearly depicts that I was not in India in these days. How can I rectify the mistakes committed by Sh.M.L.AHUJA on returning from abroad?
3) That with regard to charge no 4 Account No.KCC 86 – 12162 Balbir Singh for Rs.5 lacs dated[protected].
Allegation – The limit was sanctioned on[protected] for 5 lacs. At the request of the party and as per office note, the limit was reduced from Rs.4 lac to Rs.2 lacs w.e.f[protected] but the limit was not reduced in system and party is allowed to avail the limit up to the level of Rs.4.lac. The balance outstanding in the account in Rs.3.92 lac as on[protected]. Findings of the Inquiry Officer/Disciplinary Authority.The Inquiry Officer has proved the charge and the Disciplinary Authority , Reviewing Authority and appellate authority have endorsed the same. I had submitted in my appeal that neither this loan was sanctioned by me nor it was renewed by me nor I was posted at B.O. Usmanpur on 17.5.2005 and thus, the allegation was not remotely attributable to me. It may be seen that on 17.5.2005, I was posted in a different branch i.e. Rahon. But, the Appellate Authority has not appropriated this evidence and without making any comment on my this submission, the appeal was rejected. Thus, the order of Appellate Authority is non-speaking, arbitrary and perverse. Since, the aforesaid issues have not been discussed by the Appellate Authority in his order, therefore, the order is non-speaking, arbitrary and perverse.In support of my aforesaid contentions, I refer the following landmark judgements thereby showing emphasis in my contention in a legal and valid form to which the reviewing authority is requested to consider the same sympathetically.
4) The Disciplinary Authority (DA) recommended stop page 5 Increments at the very first instance to the CVO , PNB Head Office New Delhi but CVO declined to endorse. At the second instances Disciplinary Authority recommended stop page of 7 Increments again CVO didn’t concur and sent back the case to Disciplinary Authority . Disciplinary Authority again at the third instances recommended stop page of 7 Increments but CVO again declined and adamant. At the fourth instances on the instruction/pressure of CVO Disciplinary Authority recommended The Compulsory Retirement to CVO and the CVO concurred. It is quite clear from the above proceedings that the Disciplinary Authority decision was based on the pressure adopted by CVO. The CVO concurred on 25/6/2011 and he was retired on[protected] before 5 days his retirement. It is submitted that CVO disposed of this file at page end of his retirement only clear the Backlog his files, by not applying his mind in an impartial and by giving proper thought to the career of an officer. He with the just stroke of pen spoiled unblemished career of 27 long years.
5) The unproved charges by inquiry officers are also taken as proved to enhance gravity of charge ti mislead the higher authorities to give unjustified punishment to me by Disciplinary Authority.
6) No Reputation loss is suffered by the bank and no financial loss had been incurred by bank only to give justify the punishment of The Compulsory Retirement awarded by Disciplinary Authority and appellate authority, this is being stated.
7) Where as many officers of PNB with whose conduct bank has suffered a lot of financial loss but has not been compulsory retired and has been continue to work and promoted by the Bank. I want to quote many instances with reference to my above submission that
i) Sh.Arora Senior Manager, PNB Nawashahr Doaba ( Main branch), was charge sheeted and again allowed to continue work and promoted.
ii) Sh.Madaan officer of PNB Nawashahr Doaba (Main Branch), ), was charge sheeted and again allowed to continue work and promoted.
iii) Sh.Gajjan Ram Manager PNB Phillaur, was charge sheeted in DD cases and again allowed to continue work and promoted.
iv) The Senior Manager PNB Phillaur, was charge sheeted and again allowed to continue work and promoted.
v) Sh.Bakshish Singh Bagla Manager PNB, Binjoo (Hoshiarpur) was charge sheeted in fraud case and bank has suffered financial loss but despite this he was again allowed to continue work and promoted.
vi) Sh.Dev Raj Deputy Manager PNB, Binjoo (Hoshiarpur) was charge sheeted in fraud case and bank has suffered financial loss but despite this he was again allowed to continue work and promoted.
vii) Sh.Charanjit Chopra Manager PNB Mehatpur Uladani ( Nawashahr) was charge sheeted in fraud case and bank has suffered financial loss but despite this he was again allowed to continue work and promoted.
viii) Sh.Harpal Singh Deputy Manager PNB Mehatpur Uladani (Nawashahr) was charge sheeted in fraud case and bank has suffered financial loss but despite this he was again allowed to continue work and promoted.

All These Instances are quoted to bring it into your kind notice that despite Disciplinary Authority(DA) recommended lesser punishment to me due to undue pressure tactics adopted by outgoing Retired CVO Sh.K.Bhaskar from PNB. My punishment was enhanced by Disciplinary authority (DA).
I Quoted many high courts & supreme courts New Delhi judgements at the time of inquiry, appeal, Review in my defence but were not taken into consideration.
1) It is submitted that when I took over the charge as branch Manager at Usmanpur, the performance of the Branch was at its lowest deposit of figure of Rs. One Crore Thirty Lakh and Credit was at One Crore Fifty Six Lakh. I did my work honestly and diligently and took the performance of the Branch to its new high ( i.e. deposits of Rs. Ten Crore Seventy Five Lakh and Credit of Rs. Nine Crore Eighty Lakh)
2) During business review meeting DGM Circle Head Office Hoshiarpur has declared that I would transfer the officers by keeping performance of the branch in mind and those who are good performers will be given branch of their own choice and suitability. But my transfer has been done ignoring my hard work and performance only due to being a Scheduled Caste Manager and Discriminated against me.
3) My work at Usmanpur branch stood first in the Distt. And 5th number in circle. In my branch each and every activity was done as per bank norms and nothing has been done fraudulently.
4) Only due to misreporting by Sh,Jaswinder Saini LDM on the directions of Sh.M.S.Nijjar AGM. Both those officers are ill treating me due to their past personal grudge. Both these officers have shown and presented a bad performance o[censored]smanpur Branch intentionally.
5) Both these officers as explained in previous paragraphs intentionally and deliberately harass me on flimsy grounds and tarnish my image in the eyes of my superiors.
6) It is submitted that I Sh. Baldev Raj Mahi Ex- Manager , PNB Usmanpur , Distt Nawashahr , Punjab belongs to Schedule Caste category. On the basis of my caste, the then AGM, Circle Office Hoshiarpur Sh M.S.Nijjar Discriminated, harassed and in a revenge full manner acted against me only to tarnish my image in the eyes of my superiors. Sh.M.S.Nijjar has some personal grudge against me because he over stepped his powers when he transferred me from Banga branch while working as S.R.M Jalandhar . Then Zonal Manager Amritsar took the notice of the transfer and ordered to keep this transfer in Abeyance and also called the explanation of Mr.N.S.Nijjar.
Since he is working against me and trying to tarnish my image as well as trying to entangle me in one way or the other way. Only from this point he started acting in a whimsical manner against me.
7) I and my wife are ill despite my illness. I have been intentionally transferred to Hoshiarpur during the period of March closing and inspection period, so that I cannot remove irregularities during inspection.
8) I was not allowed to sit in the computer examination and not called me for interview and training which is compulsory for Schedule Caste category. When I was eligible both channel 1 and 2
9) Since April 2009 August 2009 my salary was not been released. My overdraft account has been freezed. Due to this I was unable to get proper treatment to myself and my family members. I was even unable to pay school fees of my children. My wife died due to non availability of funds.
10) . Casteist remarks were made against me by Sh.M.S.Nijjar AGM Circle office Hoshiarpur.
11) After some time Dr. B. L.Pathija proceeded on leave. M.R.Nijjar who was officiating as circle head ordered special inspection of BO Usmanpur . It was given to Sh. Jaswinder Saini , Manager, LDM Hoshairpur.
12) Sh.Jaswinder Saini was having already a grudge against me because when i was working as incumbent incharge at Behloor Kalan , Loan sanctioning power was vested in me and Sh , Jaswinder Saini was working as a recommending and processing authority . I received many complaints from borrowers that he was getting illegal graft from the borrowers of Agriculture Loan. I have pointed out this matter to Sh. Jaswinder Saini . That’s why he was malicious towards me. Branch inspection was going on and during the inspection I was relieved to join at PNB LDM Office Hoshiarpur . I was not given the opportunity to remove the small irregularities and verbal instructions were issued to the Inspector to make me scape goat .Even small mistakes which could be easily rectified , are presented to the management in such a way that it looks as Major Irregularities , If i was not relieved during Inspection these small mistakes / errors could be rectified .
13) Sh .G.L.Sharma investigated the Branch for sanction of Education Loan . He had not asked for my comments in the above investigation and submitted his false and fabricated report , without any evidence , baseless report on the verbal instructions of Sh.M.S.Nijjar . I have not been issued any tabular Performa as per Bank guidelines, no explanation was called and a direct charge sheet was served upon me on 5 / 10 / 2009 . I asked for relevant documents to submit my defence against the charge sheet . It was not provided to me . I am afraid to say how without relevant documents it is possible for me to make my defence . The charge sheet was prepared by Sh. Chander Shekhar Gautam , Sh . S.K.Sharma, Sh. Bajaj chief manager and other concerned officials who all were from General Category . They all followed the verbal instructions of Sh.M.S.Nijjar , Sh. Jaswinder Saini , Sh. G.L.Sharma , Sh. Chander Shekhar Gautam , Sh.S.K.Sharma , Sh. Bajaj who all discriminated against me on the basis of caste as i belong to Scheduled Caste . I have filed a case against Sh.M.S.Nijjar for calling me names on the basis of my caste which is still pending in the civil court Nawashahr Doaba ( Punjab ) .
14) Both of these officers worked against my interests to serve their own vested interest . Both of them did not grant me fair and ample opportunity to cross examine the witness and was not allowed me to exhibit my defence documents . The whole enquiry was conducted on the verbal instructions of D.A. Sh.S.S.Arora ( DGM) to make me scape goat .
15) The whole enquiry was not fair and impartial . P.O. Sh. Jai Ram submitted his briefs wrongly without any evidence and on baseless documents on the verbal order of the D.A. Sh. S.S. Arora (DGM).
16) I submitted my reply on P.O. briefs .E.O. Sh.Jagdish lal did not consider my reply as genuine and submitted his report on the verbal order of the D.A.Sh . S.S.Arora (DGM).
17) Even the charges which were not proved in the enquiry proceedings were proved against me baselessly without any documentary evidence only to tarnish my image in the eyes of superior authority and to make me scape goat . The whole case is absolutely based on discrimination against me on the basis of caste and arbitrary use of authoritative powers to do injustice against me . The whole general category officers acted against me only to spoil my career
18) All loan A/cs has been fully secured with collateral security and there is no apprehension of loss to the Bank. These facts has been wrongly communicated to yourgoodself by the officers who belongs to general category who all discriminated me on the basis of caste as I belong to scheduled caste
19) That I always received meritorious and appreciation letters for my working as Incumbent Incharge.
20) That my track record has been unblemished.
21) That I had already put clean and clear service of 27 years in the bank and thus, it was necessary to see my track record of 27 years period.
22) That my wife has since been expired after prolonged expensive illness.
23) That I have no son to take care of my family affairs.
24) That I always received meritorious and appreciation letters for my That I have three daughters for their education and marriage.
25) That I am suffering from the disease of Flaria which is uncureable.
26) That I have no other source of income.
27) That I do not have any past savings or funds in any shape or form or even I am not in a position to continue my family members with food, clothing, education, medical care and to discharge all other social and substantial and subsistent requirements for survival and to live with honour and dignity in the society.
28) All sympathies as human being are required.
29) That I was not the only person in the branch whereas all other officials have been exonerated for the same course of lapses and only I have been discriminated in the matter.
30) Than an opportunity of personal hearing may kindly be accorded under the principles of natural justice, even if the same is not provided under any of the Regulations, so that I may be heard properly, patiently and sympathetically.
31) That a lenient view may kindly be taken in the matter because at this age of about 50 years, I am unable to get employment anywhere whereas my wife has already expired, I have three daughters who are school and college going requiring financial assistance for their education and marriage whereas I am already suffering from Flaria in my leg which is un-cureble in the medical science. I have no other source of income whatsoever it may be and at the same time, I do not have any deposits or saved earnings in the past because lot of expenditure was incurred on the treatment of my wife etc



Other extenuating grounds
1. That I had a clean, unblemished track record of 27 years in the bank services which may kindly be considered.

2. That I am virtually a handicapped person, since I am suffering from incurable chronic disease of lymphatic filariasis, elephantiasis due to which my leg has become like a pillar due to which I cannot move to undertake day to day assignments etc. This disease spreads with the bite of a mosquito which is incurable in the world. It is like cancer.

3. That my wife had died on 19.8.2010 and I have three daughters in the age group of 23 years, 16 years and 14 years and I do not have sufficient means for their education and marriage. My father is also aged about 80 years and he is also dependant upon me. My all of three daughters are getting education and thus, they are unmarried. I have no other means to arrange for their marriage in a proper house with proper relationship under these circumstances.

4. That my Disciplinary Authority has been adamant to show these cases of fraud, whereas, there was not fraud or merit.

5. That the order of punishment as well as order of the Appellate Authority have been illegal wherein, copy of second stage advise of CVO was not provided to me, second show cause notice was not served upon me after disagreeing with the findings of the Inquiry Officer etc.

6. That the said penalty was enforced by the CVO whereas, the Disciplinary Authority had earlier proposed lesser punishment and thus, it is not the penalty imposed by the Disciplinary Authority, but the penalty as proposed by the CVO.

7. That my date of birth is 24.4.1961 and thus, I am only 51 years of age and at this juncture I am unable to work in any other vocation or place whereas, I have to educate and marry my three unmarried young daughters.


8. Prayer
1. That my this Application may kindly be considered sympathetically and favorably.

2. That the impugned orders of the Disciplinary Authority as well as of the Appellate Authority may kindly be quashed and set-aside.

3. That an opportunity of personal hearing may kindly be accorded under the principle of natural justice.

Submitted for favorable consideration.
Yours faithfully,

B.R. Mahi (PF 52135),
Backside K.C. Palace,
Saloh Road Nawanshahar,
Distt. Shaheed Bhagat Singh Nagar,
Punjab.
[protected](M)
Date- 30/11/2012

Encl.:
1. Annexure-A
2. Proof of visiting England during the
period of 14.9.2007 to 29.10.2007.
3. Proof of disease.