Legal Question in Banking Law in India
Sir iam one of the nationalised bank officer. in 2010 iam worked as deputy manager of agricultural advances,I opened 4 agricultural loan accounts in the name of our existing customer. I take all the documents as prescribed by our bank.At the time of disbursement I am transfered the loan amount to my relatives account with the concent of customer. Amount transfered slip also signed by the customer.Reason for this transaction is the above mentioned borrowers already taken the amount from my relatives for urgent purchase of fertilisers and agricultural purpose.After one month bank change my duty from agriculturalloan to business loans. Other field officer take the agricultural loans charges.After one year Iam and other agriculture field officer transfered to some other branches.One more field officer take the agricultural loan charges. After one year he take the charges of agriculture advances he misplaced the loan account documents of above mentioned 4 accounts. He complaint to higher ups iam illegally opened the loan accounts without concent of borrowers and that loan amount transfered to relatives. Bank Immediately suspend me for services. Bank lodged a FIR against me. Police Investigated the 4 borrowers. All the 4 borrowers give written statement in police station stated that before sanction of loan we need urgent money for agricultural purpose and take money from outside peoples. After sanctioning the loan we tell to field officer transfer that loan amount to some other people and we signed the amount transfered form also and they produced acknowledged copy of loan application and pass book.Then police department send 'B' final report to case. Bank objected the B report still case pending in the court. After 10 from my suspension bank serve Charges sheet stating that the 4 loan accounts you opened illegally without customer concent and without loan application. Enquiry conducted the presenting officer from bank presents 4 officers of our bank as a witness. They orally told above 4 mentioned loan accounts were illegally opened and loan amount was transfered to relatives of officer.For my defence I give audit report of pour bank. In that report all the above mentioned 4 loan accounts were verified by auditor. Out of Four, Two loan amount transfered receipts duly signed by the borrowers are also available at the branch, I present that also.After enquiry enquiry officer gives the report as all the 4 charges are proved and states,you not bring the customer for your defence.Finally Bank Dismissed from service just yesterday.Two opportunities is their one I go to Appeal to higher ups and then review to higher ups.Now Iam having borrowes written statement(certified copies of Police department),Two loan amount transfered receipt(Certified by bank) and bank audit report(certified by bank. I belongs to Scheduled caste, amount involved in this case is Rs. 300000/- and all the 4 loan accounts already closed by the borrowers and no loss to the bank.Bank give 60 days for my appeal. Sir please give your suggessions.
1 Answer from Attorneys
21.02.2014
Dear Sir / Madam,
There being no financial loss to the bank with all the loans having been fully repaid and settled, you should go ahead in appeal against the termination order and produce the four witnesses in the court.
Regards,
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