Thursday, May 20, 2010

Reserve bank of India

Government framed policy for posting of bank employees in Villages as also for posting in North Eastern States to promote rural banking and to help development work in rural areas and North Eastern states. But management of banks have always misused this excellent policy to discard non-flatterers and to torture those employees who do not indulge in corrupt practices and who do not implements bad orders of the executives.
RBI or any investigating agency on honest inquiry will find that some officers have been working in villages for two or three decades whereas flatterers of the top officials of the management have been allowed to work in Metros for decades together. When an officer do not provide gifts to General Manager, he is posted in North Eastern States on the plea of Non Performance whereas those who commit fraud or indulge in irregular credits but always provide golden gifts to GMs, DGMs, AGMs in the name of some function either of inauguration or customer’s meeting are allowed to remain in big towns.
Some officers are simply creating bad advances and some others are constrained to recover the bad advances merely to save the corrupt officers from punishment. This is why loans or advances become Sub Standard in one or two years of its disbursement. It is also a bitter fact that such bad advances are concealed by gifting Auditors and inspectors and treated as good advances till the sanctioning officer wither is promoted or get safe exit from the bank. Honest workers are made scapegoat for the misdeeds of big executives.. It is undeniably truth that excellent results exhibited through annual balance sheets are due to devoted work of good performers and it is they who are salvaging banks from the misdeeds of bad officers. As such shining balance sheet of a bank should not give conclusion that the results shown are hard work of top officials sitting in AC rooms but that of field workers who are head of a branch and who is doing hard worker even under acute manpower shortage. In banks manpower is adequately provided only to flatterers even if he has caused banks crores of rupees. Until RBI or CBI catch hold of corrupt executives and punish the evil performers and at the same time award those officers who have been whimsically kept away from promotions and unless good officers are given respectable posting and promotions one cannot imagine of any rise in intrinsic value of any bank
On the contrary PSU banks are facing erosion in intrinsic value due to dirty implementation of apparently good HRD policies. In the name of Interview any employee can be deprived of and denied of promotion. Power makes executive corrupt if the decisions made by them are not transparent and subject to review. Root cause of persistence and promotion of such corrupt officers is due to the bitter fact that even courts fail to provide justice in decades together and this is why management bosses indulge in whimsical promotions, arbitrary transfers and postings.
I request bank officers to send their personal experience and story of corrupt officers to me at dkjain49709@rediffmail.com so that such illustration may be incorporated in PIL to be filed in the court. These information will be helpful in seeking information from bank under Right to Information Act to expose the true colour of officers who have been holding top posts in the bank and who have been getting continuous shelter from Banking division, RBI and Ministry of Finance. The aggrieved officer may also send the real story about them, how they have been cheated by their bosses, how they have been denied promotion and how they have been given always critical posting. After all how long you will bear with injustice in fear of repercussion from higher authorities. One has to come out of imaginary fear and expose the true picture of bad officers. How long meritorious and talented officer will face humiliation and posting against their dignity.
I will come with name of AGM,DGM ,GM,CM and BM and tell the officer community and Government of India how reign of injustice prevails in the banking industry. I need your cooperation in making a strong case against some of CMDs who are recognized as star performers but under the shelter of such CMDs ,their left and right hand officers who themselves are facing CBI charge sheets are exploiting power for self interest.

Thursday, May 13, 2010

Reign of Injustice in Banks

IBA has apparently committed Fraud on Pension Optees as also PF optee in banks in the recently concluded wage settlement agreement with bank employees.
• When pension was offered in lieu of provident fund. IBA/ Banks can not recover any cost/ incremental cost from pension optees. It is totally illegal and can not stand for judicial scrutiny in the court of law.
• The pension scheme of 1995 was not contributory in nature; any recovery toward the cost is illegal.
• The unions have wrongly agreed to IBA proposal for sharing the cost in all the above 3 settlements.

• If Bank employee’s pension was contributory in nature; there was no need to implement NPS i.e. 01.04.2010 in the banks.

• Central Govt. employees/ Railway/ State Govt. Employees or Judges of high Court/ Supreme Court do not pay any thing toward the cost of pension. Our pension regulations are based on there pension regulations only.

• During 7, 8 & 9th BPS (Bipartite settlement between IBA and bank employees unions) the above referred incremental cost of the pension has been recovered from both PF & Pension Optees. The IBA has reduced your wages to the extent of incremental cost while revising the wage. Hence both PF & Pension optees have been cheated and received lower wages.
• Can IBA/ Bank’s recover the incremental cost from a PF optee who is not the beneficiary of the Pension Fund Trust?
• Can IBA/ Bank transfer the share of incremental cost of pension of PF optees to pension fund instead of transferring to his PF Fund?
• The incremental cost of the pension, recovered from the PF optees should have been paid to PF optees in their PF or paid additionally along with the salaries.
• Is it not a fraud within the meaning of India Penal Code? Read the definition of Fraud in IPC?

Please note that above fraud has been perpetuated by the IBA in connivance with UFBU & Statutory Central Auditors who signed the balance sheet of the bank, since 7th BPS i.e. 01.11.1997.

Why the recovery of Rs 1800 crores from PF Optees is illegal in nature
• The actuarial liability of Rs 6000 crores for existing employees and Rs 3115 crores for retired employees are estimates only and not the actual number.
• Bank can not make actual recoveries on the basis of estimated actuarial liabilities. It is illegal.
• The Bank should first arrive at the actual numbers and actual figures of the pension gaps and then recover the actual recoverable dues.
• Then the bank should offer the pension option on the basis of actual recoverable dues.
• Hence any recovery from wage arrears is illegal liable to be rejected in judicial scrutiny.

Why such whimsical and unjustified act by IBA is possible?

I simply ask the wise and cleaver IBA chairman Mr. M V Nair and veteran Union leaders whether any bank can discriminate two officers ( in same scale with same status and same work responsibilities and same age of service ) only on the ground that one opted for pension in 1995 and another in 2010. It is worthwhile to mention here that both officers will get same pension if they leave the job.
Officers who are going to opt for pension as per new settlement have to pay as much as there times of one month pay i.e. as much as one lac rupees to become eligible for same pension which none of officers contributed in the past .

Such discriminatory attitude of IBA chairman just to please negotiating union leaders who have a vested interest to give benefits to those who have left service during last 15 years can in no way stand as legally valid agreement. It means retired employees or those who left banks service due to some reason or the other will get more benefits than working employees.

Is it possible to give different fitment to two officers drawing same basic of Rs.23520/ only because one is scale III and another is scale IV.

Is it justified to stop increment of senior officers only because there is no vacancy in upper scale? Stagnation Increment is given to senior officers after three years. It is directly disrespect to seniors for no reason.

Can you imagine the gainer on account of 9th bipartite settlement?

It is clerks whose union leaders are militant and devoted for their members.
It is SBI employees who are already getting pension as third terminal benefits without any extra contribution
It is executives and union leaders (who already left banks service) because they are part f negotiating committee for bipartite settlement.

Can you say, who are the real losers?
Yes they are officer in Junior and Middle Management. Officers who will opt for pension now. Because they have to contribute almost a lac rupee out of arrear towards pension fund, benefits of which will be shared by all pension optees equally. They have been punished only because they did not opt for pension in 1995.

I am unable to understand how and why union leaders feel pride in claiming achievement of second option for pension.

All these and many other illegal things are likely to happen in the recently concluded wage agreement for bankers.
Because Bank Management knows very well that individuals cannot go to court and even if anyone dare goes he cannot get justice in decades together.

Inefficacy, ineffectiveness and inefficiency of Indian Judiciary have become a matter of concern for common men.

Powerful person are exploiting their power to the maximum extent it is possible. They are even selling promotions and postings through their GMs and DGMs.

If money is lost nothing is lost, if health is lost some thing is lost but if character is lost everything is lost.

If top management indulge in unhealthy practices only because there is no option for victim to get the justice, none can stop erosion in intrinsic value of the bank and we have no doubt that such cleverness will spoil the bank’s health. People of India do not believe in what is achieved through Balance sheets only because the same is certified by Chartered Accountants. Indians have seen the balance sheets of Satyam computers and many more such companies. Similarly, officers in general understand that the the Bipartite settlement concluded for bank employees on 27th April 2010 is fully discriminatory, improper, biased and illegal.

Since the judicial system in our country is weak, officers have to digest the injustice and bear with it till they are associated with bank.

Sunday, May 2, 2010

An Open letter to expert Advocate

Will you please help me and servicemen in general on following points:-

When a bank or any government office is unable to promote an employee due to shortage of vacancies in upper cadre , bank should not stagnate the employee only because he has reached the last stage of his scale .This is a fundamental question concerning all employees who are not getting annual increment only because he could not get promotion in time due to management’s fault or due to corrupt interview panel who promote an employee not on the basis of performance but on the basis of gift or money he receives from the employee.

In this age of flattery there is no respect for policy or performance. An officer is promoted only when he or she has a God father in upper echelon or he has pleased his boss with huge gifts in cash or in kind or bought and motivated the top executive who is a member of Interview panel.

In my opinion there should not be any scope of Interview for existing employee for giving him promotion because quality of his services have already been tested and attested by management for a decade or two or even three.
Even 25 marks allotted for Interview in any departmental promotion processes are enough to make or mar the career of an officer in a bank or any government office. It is a bitter truth of our country that a corrupt officer get 25 out of 25 in interview process whereas a performer get hardly 10 out of 25 which results in diluting the effect of performance of an employee or good marks obtained by him in his appraisals.

This is happening in even government departments and this is why, whenever a new Chief Minister takes charge of a state several IAS officers and IPS officers are transferred from one place to another as per whims and fancies of the ministers in the new government. All decisions are taken on the basis of earning capacity of the officer who can share his illegal earnings with the minister or support the minister in carrying out his illegal tasks for the benefit of his kith and kin or his party men.
In conclusion there should not be any stagnation in any scale of any cadre of any officer of any department or office or bank and there should be no Interview for existing employees to be promoted. In my opinion whimsical posting, arbitrary promotions and abrupt but ill motivated transfers are the root causes of all corrupt practices prevailing in the Indian administrative, judiciary and political system. It is the power delegated to persons sitting at post empowered to take whimsical decisions which irrigates and promotion the culture of flattery and demotivates the person who actually work and believe in honest performance.

It is unfortunate that no remedy can be obtained even through courts even after lapse of a decade or two .This is the reason that management of a bank or any office indulge in selling promotions and postings and in turn increasing the level of corruption.

I therefore request you to file PIL or any suitable court case which can immediately stop unhealthy practices. You can start with stopping the ongoing promotion processes in a bank. I hope you will take the initiative and oblige serving employees of the country.

Danendra Kumar Jain
Ganaraj Choumuhani
Agartala 799001
Tripura
3rd May 2010