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How to Conduct/Defend Departmental Inquiry
How to Face Suspension from Service

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Guidelines for Officer-employees when under Suspension - (Part -2)

Suspension is forced on you. You may feel that it is harsh and unjustified. But accept the reality. This is only to remain cool, so that you keep your entire faculties alert in planning remedial measures. Some of the important considerations that you must accept are as under:

  1. Do not be sentimental and over perturbed by the development, if you desire to deal effectively with the situation. Do not exhibit distress signal. This will be mistaken by your friends as a sign of the weakness in your case and the resultant pain and worry you convey. Demonstrate that you accept the challenge to meet and overcome the same.

  2. Look ahead and prepare yourselves to meet the charge sheet, or criminal prosecution that is contemplated against you.

  3. Immediately get hold of an able defence assistant, well-versed both in respect of internal remedies as also legal solutions to deal with the threat, for consultation and advice. A friend in support adds you strength, courage and confidence.

  4. Analyse the events, and assess why the suspension has been imposed on you, when it is not a case of "deemed suspension"

  5. Need to Secure Dependable Legal Assistance at Moderate Cost

  6. Managers when they have powers to choose advocates should try to locate younger advocates with 7 to 10 years practice and support their cause. You must also support young promising advocates even with three years practice and advise them to handle Bank cases associating themselves with another advocate having 7 years practice to meet eligibility criteria

  7. Legal profession is one of keen competition, where new entrants find it extremely difficult to make an effective beginning in the face of severe competition from seniors. Even if you are able to encourage and promote the practice of two or three such advocates, you are sure to get the best of legal advice at any time for a moderate fee. Those advocates who appear for the Banks, may not choose to appear against the Bank, in labour cases. But they will be able to suggest you and fix a good lawyer at moderate fees. They may also help you with free legal advice and even with drafting plaints/writ petitions etc.

  8. If bank managers of several banks in a centre accept this strategy, and cooperate amongst themselves, legal representation will be made easy and effective. A comparatively junior, but brilliant advocate will bestow you more time and study your case with greater interest. He is aware of the latest decisions. Compared to this a senior advocate is always under pressure of work. You have to wait for hours at his chambers for interview. And he may still not bestow total attention on litigation considered by him as trivial cases. Remember today's senior lawyers, started their profession as juniors yesterday.

  9. In case of a deemed-suspension, suspension is but a shadow of more serious events ahead. Attention needs to be paid, to what can be treated as the substance or background criminal case or projected threat perception at the right point, instead of merely concerning about the symptom of suspension.

  10. Do not submit an appeal against suspension before expiry two months. Your case will be automatically reviewed once in three months, and it will be timely if you submit an appeal after two months.

  11. Utilise the benefit of time released to you freeing you from the obligation to attend office, while under suspension and find time to go through the legal supplement on this web site. Do not fritter away the resource, but spend the same fruitfully to work for your safeguards.

  12. Remember in criminal prosecution, there is less likelihood of procedural violations or denial of natural justice, or arbitrary actions, as in the case of a departmental inquiry. Even if you lose in the original case, the appeal remedy can effectively set right things. But the sequence of events would be more stretched and the process may involve one to two years. In this period, you will dwell to develop your own knowledge base with keen awareness of the law for the common man, despite being represented by a competent lawyer.

Legal Support for the Individual Employees - Officers Legal Assistance Forum

The individual is not weak in the case of a departmental action. He can match wits against the Disciplinary authority, inquiry and presenting officers. But not so when litigation is confronted. Lawyers are costly. The Institution has unlimited resources to budget law charges, while the individual has not. But the strength of the individual is on account of their numbers. If 1000 officers in a public sector bank organise themselves and accept a nominal levy of Rs.500/- per year and a initial contribution of Rs.3000/-, over a period of five years, the officers' legal protection fund will have a corpus of Rs.45 Lacs. If you have the resource, you become a coveted market. Eminent lawyers will be eager to enlist themselves in the approved panel of Officers' legal Assistance Forum on competitive terms.

The besieged officer facing victimisation and needing legal assistance has only to approach anyone of the approved lawyers. The Lawyer will be paid his service fees by the forum. He will study the case file and first will give his legal opinion on the recommended course of action. Such working details are to be formulated by a committee of dedicated officers, who should be made executive committee members of the forum.

The forum must be delinked and operate independently of the Officers' Association as a strategic decision. The forum will also develop in each circle or region enough talented officers to take up defence assistance. It can also institute PIL litigation to fight large scale malfeasance and unfair inquiry practices indulged by the Banks, without any hindrance and with none to question.

Support from Retired Officers

The pool of retired officers of the Bank is another possible source of support for charge sheeted officers and officers under suspension. Retired officers are not under the control of the management, but they possess both experience and expertise. They can as per directives of the CVC act both as inquiry officers, or defence-assistants.

Considerable stress is paid in this web site to the potential and the effective role that retired officers can play in the current developments of the banking industry and the affairs in their respective Banks. The number of ex-employees drawing pension is to swell in the coming years and at some stage, it is predicted that there may be more retired employees alive, than the number of serving employees after a span of two decades. If these retired officers and other employees are organised under an Association of theirs, this forum will be an effective counter-balance against misuse of sweeping powers and arbitrariness of the management.

The guidelines earlier tendered to charge sheeted officers with regards to preventive and pre-emptive courses apply also to the suspended officer. He can also seek to cooperate with management and put efforts towards solving the external crisis, that led to his suspension, if so.

The suspended officer's most important and urgent need is to get company of persons with primary knowledge of law and also to secure the services of a competent lawyer (with experience in service law). Next in priority to acquaint yourselves with the rudiments of the enactment that are of relevance to you in your present context, so that you are able to discuss intelligently with your colleagues and lawyers and seek correct solutions.

- - - : ( Verbal Orders- When should be Refused, and when Diligently Obeyed ) : - - -

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