To
Sh P.L. PUNIA
Chairman National Commission for Scheduled Caste, Govt. of India
Lok Nayak Bhawan, Khan Market
New Delhi -110003
Sub: Discrimination on the basis of caste against Sh. Baldev Raj Mahi Ex- Manager, PNB Usmanpur, Distt Nawashahr, Punjab.
Sir,
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. desposit 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 of Usmanpur 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 August 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) Deliberately false case (F.I.R) has been lodged against me only to tarnish my image. There is nothing wrong happened in this case. My whole family is disturbed. Wrong enquiry report submitted by Mr. G.L.Sharma Senior Manager on the Instruction of Mr. Nijjar who has not called me in the enquiry and submitted one sided enquiry report. I requested the DGM office Hoshairpur to conduct re-enquiry from other circle above the rank of Sh. M.S.Nijjar, The then AGM. But nothing was done. This charge was included in the charge sheet issued to me but was unproved in the detailed enquiry conducted by Sh. Jagdiah Rai Senior Manager.
11) Casteist remarks were made against me by Sh. M.S.Nijjar AGM Circle office Hoshiarpur.
12) 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.
13) 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.
14) 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).
15) I have also made a complaint to the chairman national commission for Scheduled Caste, New Delhi on the basis of my caste. The authority (D.A.) Sh. S.S.Arora (DGM) appointed Sh. Jagdish lal senior manager and Sh. Jai Ram manager as E.O. and P.O. respectively. Both of these officers though belong to S.C category but both of them were under the influence and pressure and stress of authority (D.A.) as their promotions were due and both of them need undue help from the D.A.
16) 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.
17) 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).
18) 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).
19) 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
20) IT IS BOUGHT TO YOUR KIND NOTICE THAT VIDE PAD CIRCULAR NO. 16 AT 10/1 SCHEDULE TO THE DISCIPLINE & APPEAL REGULATIONS, 1977- DESIGINATION OF DISCIPLINARY AUTHORITY AND APPELLATE AUTHORITES WERE ANNEXED.
21) ACCORDING TO THESE GUIDELINES I WAS WORKING IN THE SCALE OF MMG-II (MANAGER) ACCORDING TO WHICH MY DISCIPLINARY AUTHORITY WAS AGM WORKING IN THE CIRCLE OFFICE HOSHAIRPUR. ONLY TO PUNISH ME IN PRE-DETERMINED MANNER BANK GUIDELINES AND PROCEDURE WAS NOT ADOPTED & I WAS GIVEN PUNISHMENT BY DGM WHEREAS AGM WAS STILL IN OFFICE.
22) I QUOTED VARIOUS JUDGEMENTS OF HIGH COURT/ SUPREME COURT IN SUPPORT OF MY DEFENCE, NO BODY HAS TAKEN CARE OF THESE JUDGEMENTS & ACTED IN AN ARBITRARY & PRE-DETERMINED MANNER ONLY TO PUNISH ME.
23) I have come to know from relievable sources that this complaint has been marked down to circle office PNB Hoshiarpur and the same officers who have wrongly presented my case, is again dealing with my complaint regarding reinquiry.
24) 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.”
25) That I had visited the branch B.O. Usmanpur for verification of record because the Disciplinary Authority did not provide the listed documents along with the charge sheet. I tendered an application to the branch manager for providing me photocopies of the listed documents, so that I could prepare my defence statement properly. But the Branch Manager refused to provide me the photocopies of the said documents due to which I was unable to prepare my proper statement of defence. It may be seen that neither the Disciplinary Authority provided me the photocopies of the documents nor the branch manager whereas, I was advised to submit my defence statement. This issue was raised in my appeal but the Appellate Authority did not appreciate the evidence on record and instead of addressing the issue on merit he has stated differently that I did not submit my defence statement relating to the charge sheet. Thus, the order of Appellate Authority is non-speaking, arbitrary and perverse. “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.”
26) That with regard to charge no. 4, 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. I was posted in a different branch i.e. Rahon.
27) 1. That the order of penalty has been passed by the incompetent authority.
28) It is submitted that in terms of PAD Circular No. 16 dated 10.1. the Head Office has scheduled and designated the Disciplinary Authority as well as Appellate Authority w.e.f. 10.1. 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.
29) I was in abroad against sanctioned leave and this entry has also been made in my passport. For the purpose of brevity the photocopy of the passport is also enclosed as Annexure-A thereby proving that I have visited England during the period 14.9.2007 to 29.10.2007.
30) I am failed to understand how these general category officers will present true picture w.r.t. my complaint and write some material against themselves. If no justice is being done to me i will lodge a complaint against all these general category officers to CBI, CVC, (INDIA) Finance ministry, Govt. of India and President of India.
31) 1) Most of the charges which were proved against me while I was away to a foreign country. My leave was duly sanctioned by competent authority which is on record. This fact has been concealed by lower authorities from your good self. Copy of Passport is enclosed herewith for your kind perusal which clearly shows that during this period I was away from India.
32) 2) On 17/5 I was posted in BO Rahon and charges relating to this period have been proved against me, how this is possible to prove charges against me and not against the manager working in BO, Usmanpur my predecessor.
33) 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
34) That I always received meritorious and appreciation letters for my working as Incumbent Incharge.
35) That my track record has been unblemished.
36) 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.
37) That there is no fraud in any of the cases except at the most may be foolish bonafide inadvertent procedural lapse, if any.
38) That my wife has since been expired after prolonged expensive illness.
39) That I have no son to take care of my family affairs.
40) That I always received meritorious and appreciation letters for my That I have three daughters for their education and marriage.
41) That I am suffering from the disease of Flaria which is uncureable.
42) That I have no other source of income.
43) 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.
44) All sympathies as human being are required.
45) 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.
46) 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.
47) 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
48) It is prayed to order the re-enquiry in the whole case to bring to light the truth behind the whole case and to provide me justice. It is requested to order re-enquiry from the impartial and honest officer from the circle office other than the circle office Hoshiarpur to give me due justice.
Thanking you,
Yours faithfully
Baldev Raj Mahi, S/o Sh. Ram Asra,
Nawanshahar (Pb)
Ex-Manager,
Dated: 26-09
Baba Deep Singh Nagar,
Saloh Road,
Backside K.C.Palace, Nawanshahr (Punjab)
Distt. Sahid Bhagat Singh Nagar
MOBILE NO- 09501302675
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