Client Counselling: Name and Details of Client

CLIENT COUNSELLING
NAME AND DETAILS OF CLIENT:
Ravindra Kumar, S/O Late Buneshwar Mandal, Aged 37 years,
R/O Barmasia ??? Katihar
P/O – Katihar.
Religion- Hindu
Educational Qualification- B.Sc.
Profession- Bank Manager in Madhya Bihar Gramin Bank.
Facts of the case (as narrated by the Client)
I (client) was selected through All India Competition in Madhya Bihar Gramin Bank in the year
2012. My 1st posting was at Patna & 2nd in Kaimur in 2013. After 2 years client was transferred
to Bihar Sharif as bank manager. Client sanctioned the loan to about 50-60 people relating to
Kisaan credit card. In 2017 it was ascertained that there were discrepancies in sanctioning of
loans.
The entire problem arose due to repeated complaint made by local Mukhiya who also instigated
the farmers to make complaint against the client. As a result of the complaint an inquiry was set
up in which it was found that there was certain irregularities & illegality was there.
i. Land possession certificate submitted in the bank was fake.

ii. Mutation receipt issued by circular office which was submitted was fake.
On receiving the application from applicant, verification was made regarding the entries made in
verification form. Verification was made by physical meeting with applicant as well as physical
inspection of the local government office from where those documents were said to be issued.
Such verification was carried out by the Field Officer of the bank. Branch manager passed the
sanction of the loans only after the verification by the field officer.
The total amount involved in this irregular sanctioning of loan is approximately Rs. 50 lakhs.
Disciplinary action taken against the client:
Client was suspended on 22nd July 2017 and charge was issued. Department proceeding was
initiated and the client was dismissed from his service. Client appealed against the department
proceeding and thereafter the field review but both were dismissed.
Penal action taken against the client:
Client has taken a loan of Rs 30 lakhs from the bank in his personal capacity. The loan was
demanded along with house mortgage, car mortgage and still Rs 25 lakhs was due.
After suspension, bank instituted criminal case against the client u/s 409/120B, 406 and 420 of
IPC.
Client filed for district bail petition in Bihar Sharif which was rejected. The session court
rejected the anticipatory bail application. The client then moved to High Court.
However, later the bank revoked the suspension and asked the client to join the service.
Consequently, the client ignored the bail proceeding of High Court which was subsequently
rejected. Later on compulsory retirement was invoked on the client in 2018.
Legal assistance and opinions sought by the client:
i. Client wants to prefer appeal against the highest authority in order to remove all the
charges.
ii. Client has preferred case before DRT to solve the problem relating to court.
iii. Client wants relief from the criminal case. Client’s anticipatory bail application has been
rejected by the High Court with a direction to surrender before the session court within 3
months.
APPLICABLE LAWS:
i. Article 226, 136 - Constitution of India.

ii. Section 439, 482 – CRPC, 1973.
iii. IPC, 1860.
iv. The Recovery of debts due to Banks and Financial Instutions Act, 1993.
v. Madhya Bihar Gramin Bank (officer and employees) service regulation 2010.
SUGGESTED COURSE OF ACTION:
It can be conferred from the facts that remedies at departmental level have been exhausted.
Hence, the client is suggested to move to High Court of Patna with a writ petition of Mandamus
under article 226 of the constitution of India challenging the chargers and the suspension order
made earlier by the departmental inquiry.
The client’s counsel in High Court is required to prove client’s innocence and due diligence
while carrying out his duties in the bank. In addition to this loopholes in department’s proceeding
and order must be pointed out. Relevant and similar case laws may be cited in which court has
granted relief under similar circumstances, by either removing the charges or by ordering fresh
departmental proceeding.
PROBABLE RESULT AND FUTURE COURSE OF ACTION:
Petitioner may get the desired relief by the High Court.
If desired relief is not provided, filing or LPA or approaching the Supreme Court would be the
next course of action to be suggested.
The pecuniary limit to file a case before DRT is Rs. 20 lakhs. In this case the amount involved is
Rs. 25 lakhs, hence preferring an appeal before the DRT is the best course of action as it would
avoid problems related to court proceedings. For this the bank needs to file an application before
the tribunal u/s 19 of the Recovery of debts.
If the order of tribunal is not satisfactory for the client, an appeal to Appellate tribunal can be
made.
When the innocence and due diligence of client is proved, the client will automatically get the
relief from the criminal case. But if the same has not been proved in High Court, client can either
approach to Supreme Court for anticipatory bail under SLP or can freshly file anticipatory bail
application u/s 439 of Cr.P.C, 1973.
Client may get the relief from the writ petition and anticipatory bail will be obtained. If not, then
petitioner has to move to Supreme Court under SLP.
SCOPE AND LIMITATIONS:
The entire opinion is based on the facts as made available by client and on the legal position
prevailing thereto.

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CLIENT COUNSELLING

NAME AND DETAILS OF CLIENT:

Ravindra Kumar, S/O Late Buneshwar Mandal, Aged 37 years,

R/O Barmasia ??? Katihar

Educational Qualification- B.Sc.

Profession- Bank Manager in Madhya Bihar Gramin Bank.

Facts of the case (as narrated by the Client)

i. Land possession certificate submitted in the bank was fake.

Disciplinary action taken against the client:

Penal action taken against the client:

Legal assistance and opinions sought by the client:

i. Article 226, 136 - Constitution of India.

SUGGESTED COURSE OF ACTION:

PROBABLE RESULT AND FUTURE COURSE OF ACTION:

Petitioner may get the desired relief by the High Court.

PROBABLE RESULT AND FUTURE COURSE OF ACTION:

SCOPE AND LIMITATIONS:

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