Article-Extract
From the Desk of Editor, Domestic Enquiry,
October-December 2021
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Erroneous Memos And Charge Sheets And The Onus Of Proving
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Soumya Datta
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Instances of memos and charge sheets issued to officers
are increasing exponentially. Most often seen that the allegations and charges
are levelled indiscriminately or as a matter of routine without substantiating
or providing the relevant instructions of the Bank which have been breached. This
attitude appears to be “let the alleged officer defend”. This is nothing but a “hit-run”
or “defend if you can” approach.
Charge-sheets / memos should be specific, pointing and
clearly say what is omission / commission. For that it is necessary to quote
the “related instructions” which have been violated along with allegations. Without
instruction(s) of the Bank being quoted, Bank cannot allege a breach of it. If the
allegations are not indicated detailing the instructions violated, it
necessarily means that there is no such instruction at all.
Officers who are handling disciplinary proceedings, and
more especially the defence counsel / representatives need to pay specific
attention and insist for related circular instructions. This is the first and
best step of defence.
The Presenting Officer has to produce positive evidence
to prove the charge. Unfortunately, the Presenting Officers / Enquiry Officers
and even the learned Disciplinary Authorities tend to ignore this basic approach
of domestic enquiries.
The delinquent employee must know what the charges
against him are and the nature of misconduct alleged against him and he must
get ample opportunity to meet such charges and to defend him by giving proper explanation.
If the charges are not precise and definite, the
delinquent employee would not be able to understand those charges and defend himself
effectively and in such a case, it cannot be said to be a fair and just
enquiry.
Note – This is an article-extract. For full article,
please refer to the courtesy publication.
Courtesy – Domestic Enquiry (October – December 2021)
published by All India State Bank Officers’ Federation (AISBOF), Bangalore –
560001.
