Deparmental Enquiry-State Bank of India

**sangwanjs** · 05-29-2010, 12:34 PM

Can a department refuse to provide investigation report under RTI where asid does not hamper the enquiry proceedings. I want this because the charge sheet served is fabricated, the investigating officer was biased one.
2. I was suspended on the charge of fraud, but they have even not mentioned the word fraud in charge sheet. What is the remedy available to me against the Bank for mental harassment & defame.

J.S.Sangwan
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**karira** · 05-29-2010, 10:22 PM

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**jps50** · 05-30-2010, 12:49 PM

You are entitled to get all the papers pertaining to investigation/enquiry etc under RTI and also under service rules of banks. You can also suck through RTI any other information/papers which will help you prove your side. Following links will help you file RTI application:

Central Govt application:
http://www.rtiindia.org/forum/blogs/...govt-info.html

Make effective:
http://www.rtiindia.org/forum/blogs/...effective.html

You can lodge RTI application with any branch as all branch heads of SBI are nominated as ACPIO by bank and pay Rs.10 in cash as filing fee. Please suitably change clause No. 4 in first link to read as: " Filing fee of Rs.10 is paid in cash herewith"

**sangwanjs** · 05-30-2010, 01:05 PM

But yesterday the Ist appellate authority means RBO has again declined that departmental inquiry is under process & the passing of information will impede the inquiry proceedings & it is against natural justice, whereas the investigation report of the investigating officers is very much necessary for my defence
J S Sangwan

**smbhappy** · 05-31-2010, 01:09 AM

Section 8(h) says:

information which would impede the process of investigation or apprehension or prosecution of offenders;

Now it has three parts :

01. impede the process of investigation
02. or apprehension
03. or prosecution

of offenders;

Here the these three situations are related to a single person, that is "Offender"

Is in a departmental inquiry the person facing the heat is an "Offender"?

Offender is a wrong world used in this sub-section. Offense is a certain state of an act. Inquiry is trying to find out whether the person has committed an offence or not. How he can be called an offender at this stage, when inquiry has not yet determined the state of charge made against him? He is merely accused of something which is under probe.
Till he is proved guilty, he is innocent and he cannot be labeled as an offender.

Even accused are entitled to the papers of all charges/witness/evidence ec. against him. How he can be denied the investigation report?