The advisory authority can be handed down stringent punishment whereas the sanctioning authority may get a lesser punishment if the material on record can prove that the former formulated and transmitted its opinion to the latter without due care and caution. However, if you can prove that there was failure on part of the sanctioning authority to apply its mind then you can successfully challenge the stringent punishment, if and when awarded to you. Reply to the chargesheet.
Charge sheet
I have been issued a charge sheet by my bank for certain irregularities in recommending a loan to my controlling authority/sanctioning authority.sanctioning authority committed certain mistakes and now bank says that i am also responsible along with sanctioning authority,sanctioning authority has been let off with a very minor punishment since he had some links at the top.since the gravity of offence is more at higher level,i want to quote some supreme court judgement that i can not be given more punishment than him.kindly provide me some clues.my no is [deleted]
Asked 8 years ago in Labour
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9 Answers
Please note that decisions have no blanket applicability and it differs with fact situations.
You have posted a very small detail about your case.
Unless more details are posted including the service rules no citations can be referred to.
It is necessary to peruse the charge sheet filed by the bank against you
2) what basis you recommended loan ?
3) was proper due diligence done by you in recommending loan as per the procedure laid down by bank
4) what were mistakes committed by sanctioning authority ?
5) only after knowing detailed facts can we guide you
6) judgments depend upon facts of each case
you can also disprove the case. however will search and forward judgement and citation to that effect..
SIR,the basis adopted was o.k. on my part.there were technical lapses on my part what the sanctioning authority never sought any supplementary details and can be assumed that they did accept/concure with such minor lapses.however the loan of 950 lacs was to be released in stages ,say 500 lacs up to march to sept and rest 450 lacs by dec.but sanctioning authority omitted to stipulate this clause in sanction terms and sanctioned entire 950 lacs in one go,which was disbursed and disbursements were confirmed by them as well.since the sanctioning authority has been given very nominal punishment(charges against him not known to me),i am in the process of sending reply to the chargesheet.not sure that they will give me same punishment or may be more.by quoting judgments,i want to make them afraid before hand that any ubdue punishment may be challenged by me in court.you may kindly assume that he has fgirstly concurred with the branch submissions by not raising any queries and made a mistake in not specify any clause for stage wise disbursements.i can select appropriate judgment out of a few,since i am too a law graduate ans presently on the verge of retirements as chief manager in a bank,if you want,i can give a call to you as well.
Asked 8 years ago
1) punishment depends upon gravity of the offence
2) in your reply you have to state that you followed the due procedure on sanctioning of loan
3) the disbursement was made as per terms and conditions laid down by sanctioning authority
4)no undue favours were shown by you to the borrower
5) that the sanctioning authority while Sanctioning loan did not seek any further information before sanction of the loan
No need to panic since your role is limited in sanctioning and disbursing the loan. It seems instead of disbursing loan in two installments loan released at a time and the higher authorities too confirmed the same. You have referred about charge sheet, charge sheet will be issued by the police. If already a criminal case / FIR registered let me what are sections alleged and who is the complainant. thee must be one case with that regard and you can know what are the charges framed against them. We can't reply to a charge sheet and it is a matter of police and court. It may be charge memo / seeking explanations for which you are preparing reply. Still you have take strong defense so that there should not be severe actions against you.
The punishment imposed has to be according to the gravity of offfence/lapse. Unless the punishment is imposed you cannot challenge it. So file your reply and wait for their next move.
I have been issued a charge sheet by my bank for certain irregularities in recommending a loan to my controlling authority/sanctioning authority.sanctioning authority committed certain mistakes and now bank says that i am also responsible along with sanctioning authority,sanctioning authority has been let off with a very minor punishment since he had some links at the top.since the gravity of offence is more at higher level,i want to quote some supreme court judgement that i can not be given more punishment than him.kindly provide me some clues
Without knowing the case details and the status of the case, it will not fetch you any fruitful solution for the judgments you are seeking to be seen.
Moreover you can engage the services of any lawyer of this forum privately for obtaining the desired citations.
You must understand one thing that whenever a person receives a summon or notice from a court or from an board of inquiry or the disciplinary authority, on receipt of such notice, a reply/counter is to be given after receiving the copies in the first appearance.
The allegations against the individual has to be first properly scrutinised and a proper reply denying the allegations is to be submitted without quoting any judgment.
Any reliable judgment relevant to this case can be mentioned as an example to establish your opinion and facts shall be submitted only during the course of final argument.
Being a law student you should understand the law involved at various stages o a case and should not jump to the top level or final level in the beginning itself, your submissions will be ignored by the court/authority when you act in a haste this way and you will be losing the opportunity at the stage when you may be having one.