CRIME AND PUNISHMENT

"I have committed a mistake which they say is fraud". 

This would be the first sentence of the peon when he was asked why you were suspended. The peon was a tribal recruited in the bank as a first in his family if not in his clan as a government servant. He was a very proud employee wearing the uniform with pride and a sense of identity unlike other peons who considered it ignominy. After three months of working he needed one thousand rupees and hence added the number 1 before his balance of 438 to make it 1438 and withdrew it.

During the month end tallying he helped the officer by mentioning the changes in his account also helping to get the fraud reported. You can recover it in three months he said equally innocently. 'Suspension means not dismissal but you cannot attend office', was how he was explained and he went into tears. Almost every official of the bank who came for enquiry of the fraud received his pet statement (first sentence above) both in writing and orally. 

"Dismiss him" was the comment of the Vigilance Chief of the bank and my boss who was very strict otherwise had reservations and argued based on the following points and the peon's ready admission in writing to every authority as to what exact he did. 

• ·       The policy of reservation and loan to weaker section is to uplift them.

• ·        The peon is too naive and ignorant of banking or any office set up and what rules have to be observed in grant of loan.

• ·        He is a first in his family if not in his village or clan in the government job and is an inspiration for others whose benefit the government is striving for.

• ·       Above all his innocence is manifest in his ready admission of mistake which is not a fraud as he feels.

• ·       Ignorance of law is not an excuse but capital punishment of deprivation of job for deprivation of knowledge is harsh.

The bank ultimately decided to stop few increments and restore his job.

Interestingly there was another case that cropped up at the same time. A cashier misappropriated amount from FDs of many clients over a year and was caught and dismissed.  He equated the leniency shown to the peon and sought mercy. The same boss was vehement that the dismissal is not to be revisited and meets the ends of justice. He advanced his arguments as under:

·       Claim of innocence is a weapon of every accused.

·       From claim of innocence to acceptance of guilt an accused weighs various options.

·       It is not an act of ignorance but a deliberate planned execution of a repeated fraud.

·       Knowledge of banking is used to cover up the fraud but the effort failed.

·       Also failed is the knowledge of law as the courts rejected even his review petition.

·       The accused sought mercy as it is the only resort left and not due to acceptance of guilt.

The boss also felt that defending a wrong is clear sign of a mental make up to forgo justice for personal gain. A mistake becomes a crime when it is concealed. A fraudulent intent and disposition acts to further the concealment with cover ups. A hardened mindset for crime pushes the blame on others and searches loopholes in the system and law to escape. When all fail mercy emerges as the savior. In the case of peon lack of knowledge and total innocence led to the fraud though there was no intent whereas in the case of the cashier the fraud was committed with full awareness and sustained for more than a year due to good knowledge of the rules and procedures and law manifesting his intent to commit the fraud. Even if the cashier had asked for mercy midway through the disciplinary procedure there is scope for leniency but he exhausted all avenues and surrendered in mercy. 

It is three decades since the two punishments were successfully implemented. Yet I remember the principle applied by my boss and his logic vividly. 

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