CASE OF DISCRIMINATION ON THE BASIS OF CASTE AND INJUSTICE .
APPEAL AND RECONSIDER YOUR DECESION¬¬¬

Baldev Raj Mahi,S/o Sh.Ram Asra,
Nawanshahar (Pb)
Ex-Manager,
Dated: 18-03-2012
Baba Deep Singh Nagar,
Saloh Road,
Backside K.C.Palace, Nawanshahr (Punjab)
Distt.Sahid Bhagat Singh Nagar


Sh G . S DUBEY
THE GENERAL MANAGER
(APPELLATE AUTHORITY )
PERSONAL ADMINSTRATION DIVISION.
Punjab National Bank,
Head Office, 7, Bhikaiji Cama Place,
New Delhi-110066

Regarding : Ill-legal Change Sheet Dated 05/10/2009 saved upon Sh. B.R.Mahi – Appeal and Reconsider your decision . A case of discrimination on the basis of schedule caste
Sir ,
Vide your order dated 10/12/2011 my appeal against major penalty of compulsory retirement imposed upon me by the Disciplinary Authority of General Category i.e DGM ,
Circle office, Hoshiarpur has been rejected by yourgoodself . I want to submit following facts for your kind perusal and reconsideration in the above matter please .
1) I am shocked to see this decision without any base and going into merits of the case . i was hoping that you will decide the case after going through the facts of the case . You did not care to go into the details of the case and my appeal dated 14/9/11 fully. I asked for the documents from the Bank to defend myself but these documents were not supplied to me before the Enquiry.
2) Appeal means that you should have gone through the whole case and give your independent decision, but the decision taken by you is fully based on the facts presented by lower authority against whose decision appeal has been made, who all were belonging from general category and who all discriminated against me on the basis caste as I belong to scheduled caste.
3) Lower authority presented the whole case in a biased manner and presented the case in a wrong manner. The wrong facts presented by lower authority have become the basis of your wrong & illegal decision whereas you should have studied the whole case in an impartial manner to give justice.
4) 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.
5) On 17/5/2005 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.
6) 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.
Extenuating grounds
7) That as per relevant facts of the case, the FDR was to be prepared by debit to SF account on 11-12-2008 for which, vouchers were prepared and the same were dealt with by the CTO and Sh.Harpal Singh, 2nd man in the branch. They both have signed the vouchers in token of having effected the transactions in the books of the bank and also signed the issued FDRs but inadvertently the SF account of the party was not debited by making the entry in the system. It was presumed by the party and by all of us that this SF account has been debited whereas it was not debited. But the fact remains that a sum of Rs.5.12,000/- always remained in SF account in credit of the party which is evident from the Exbt M20 (b) thereby showing the credit balance of Rs.5,12,000/- on 01-01-2009 and thereafter on 16-08-09 Rs.5,16,000/-. It is also added that in terms of Exbt D6 which is a letter of the branch dated 02-05-2010, it has also been confirmed by the branch that as on 11-12-2008, the outstanding amount in the SF account remained Rs.5.50 lac. That the bank has never remained short of funds because in the SF account more than Rs.5.10 lac always remained and later on, OD a/c was also adjusted by debit to the SF account. Bank has not suffered any financial loss and the error has been inadvertent . The FDR was prepared in the hand Shri Dalwinder Singh , CTO , it was signed firstly by Sh. Harpal Singh , Dy.Manager and there after he has also not gained anything as Rs.5.50 lac remained in credit at a lower rate of interest 4%. Sh. Dalwinder Singh has been charge sheeted on other grounds but not in connection with this error .
8) Loan was sarctioned – For purchase of Plot and not for repair and renovation of house. Moreover the loan A/c has been closed
9) In Car loan A/cs Joint Rc’s was in the record file now both these accounts has been closed.
Case of the defence
10) That the charge has been proved without any evidence, without any document relating to domicile, without an examination of any witness thereby confirming the respective distance relating to the villages Barnala Kalan and Nawanshahr and thus, it has been a case of no evidence.
11) That the allegation has been proved on the basis of dead evidence vide Exbt M131 (a-g) which is nothing but a circular wherein it is not provided that the villages in question were situated at a distance of 15 Kms from BO Usmanpur.
12) That the gravity of the charge has not been significant because the loan account of Taranjit Pabla has since been closed on 28-10-09 from the FDRs and SF proceeds which have been under bank’s lien and that too within a period of less than two years. In this case, the date of sanction is 10-06-07 and the account was closed on 18-10-2009 for which, FDRs and outstanding amount in SF account to the tune of Rs.7.40 lac have been under bank’s lien against sanction of loan Rs.7 lac.
13) That in the case of Suresh Madaan and Vishal Madaan, the loan was sanctioned and disbursed by Sh.M.L.Ahuja on 15-10-2007 when I was on leave w.e.f.13-09-2007 to 29-10-2007 and was in Abroad vide Exbt D48.
14) That gravity of the charge is not cognizable under any of the circumstances and it does not warrant a harsh punishment of my compulsory retirement from the bank’s services when I have been in the age group of 49 years only with remaining service of more than 10 years period.
15) The decisions of various High Court / Supreme court have not been relied upon while giving your judgements.
16) When ever any error /mistake has been committed by some one , the punishment imposed must be according to the gravity of the offence . You while giving your decision has totally relied upon the facts presented by lower authority who all belong to general category and you are also belonging to general category and not going carefully into the minute details of the case and spoiled the whole career of someone.
17) That I always received meritorious and appreciation letters for my working as Incumbent Incharge.
18) That my track record has been unblemished.
19) 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.
20) That there is no fraud in any of the cases except at the most may be foolish bonafide inadvertent procedural lapse, if any.
21) That my wife has since been expired after prolonged expensive illness.
22) That I have no son to take care of my family affairs.
23) That I always received meritorious and appreciation letters for my That I have three daughters for their education and marriage.
24) That I am suffering from the disease of Flaria which is uncureable.
25) That I have no other source of income.
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.
26) All sympathies as human being are required.
27) 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.
28) Prayer
29) 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.
30) 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.,
31) That the order of ‘compulsory retirement’ is extremely disproportionate, unreasoned, harsh, shocking to the conscious of a reasonable man keeping in view that I have not been a beneficiary, there is no fraud case and the bank has not suffered any financial loss . Thus, the punishment is liable to be modified as reduced.
32) You are requested to study the whole appeal of myself numbering into 100 pages yourself and take some personal pain / interest to amend your wrong and illegal decision and not to spoil the career of someone casually
33) I will file the review petition separately after knowing from yourgoodself about the reconsideration of your decision

Thanking you,
Yours faithfully,

(B.R.Mahi)
(BALDEV RAJ MAHI)
PF NO . 52135
MANAGER PNB, LDM OFFICE HOSHIARPUR ( PUNJAB)
Phone no : 0********75
Email id : baldevmahi@yahoo.com