No Tags Found!


Dear Seniors,

I need your help with a query. I kindly request your assistance, and I will be very grateful.

I am an employee in a private sector bank, and my current designation is Branch Operation Service Head. In April, due to unforeseen circumstances, I was absent from my service from 25/04/2013 to 26/05/2013. The reason for my leave was a false allegation made by a lady staff member from another branch. She claimed that we had been married for five years and were planning to remarry. The lady, who is already married and a mother of two, also falsely claimed to be a divorcee. She filed an FIR, leading to me being charged by the police and spending a month in judicial custody due to these false accusations.

On 20/04/2013, the respective Session judge granted me bail as the lady could not substantiate her allegations. However, she later complained to our HR team, resulting in HR pressuring me to resign without any notice or office memo. They threatened to terminate me if I did not comply. Despite my requests to provide a written explanation and the reason for my leave, HR refused and barred me from entering the office.

On 30/05/2013, I received an office memo dated 16/05/2013, stating that I was expected to report to the branch by 21/05/2013. This was impossible as I only received the letter on 31/05/2013. Subsequently, they terminated my employment, citing unauthorized absence and failure to provide a proper explanation for my leave. I had, in fact, reported to the branch on 27/05/2013 and marked my attendance in the register. I had handed over all branch-related keys and informed my reporting manager and the Branch Head about the incident on 25/04/2013. However, they claim I did not inform them about my leave and proceeded to terminate me.

I have over 4 years and 8 months of work experience with this company, during which I have been a consistent performer, receiving regular salary hikes and increments. I have had no prior complaints or issues during my service.

Could you please advise if my termination without prior notice and office memo is justified? Can I take legal action against my HR for this?

Thank you and regards,

Balraj Singh

From India, Noida
Acknowledge(0)
Amend(0)

You need to consult with a lawyer in your situation; no one can terminate you. You can claim for damages even from the organization and people who are supporting the lady for false allegations.

Meet the lawyer and do not sign any paper in the company. They can't terminate you without giving any notice, and this is not a reason why the company would be able to terminate instantly.

From India, Mumbai
Acknowledge(0)
Amend(0)

Hello Balraj Singh,

You mentioned that you received the memo dated 16/5/2013 on 31/5/2013. How was this delivered to you? By post, by courier, or by hand? If it was by post or courier, there should surely be a sent date-stamp on the cover. That will prove when it was actually sent to you -- irrespective of what date is mentioned on the memo.

Like the earlier member mentioned, the bank can't terminate you this way. It looks like they have pre-judged the issue, made up their mind to terminate you, and sent the memo late to ensure it reaches you after the joining date mentioned in the letter [21/5/2013]. Please consult a lawyer ASAP.

All the best.

Regards,
TS

From India, Hyderabad
Acknowledge(0)
Amend(0)

Dear Sir,

I received the memo on 31/05/2013 through speed post. The same was booked for delivery on 30/05/2013, and the letter is with me in a proper envelope where the speed post sticker is also available.

Thanks and regards,
Balraj Singh

From India, Noida
Acknowledge(0)
Amend(0)

Hello Balraj Singh,

The sooner you contact your lawyer, the better, I guess. You do have a very strong case in your favor—except that you need to go through the tension and delay in the process.

All the Best.

Rgds,
TS

From India, Hyderabad
Acknowledge(0)
Amend(0)

Dear Balraj,

What is understood from your narration is that your organization has terminated you without understanding the whole issue. An employee cannot be terminated in the first place without proper investigation of the details and substantial evidence. Your HR must be well aware of the consequences of terminating an employee without a valid reason. Based on a mere allegation and false implication, they should not have taken such a drastic step.

On your side, before proceeding on leave of absence, you should have submitted a written note of all the happenings to your immediate boss with proper acknowledgment. That would have shielded you from your HR terminating you. Recognition of your efforts through yearly increments and salary hikes is a part of the business. You also stated that the court has released you on bail. Your HR must have contemplated it from a legal perspective. Even though you don't have a past history of such incidents, from the company's point of view, it appears that as a defensive action, they acted in this manner. Don't lose your courage and don't get frustrated. Keep enough evidence and witnesses on your side to prove your innocence. Though consulting a lawyer may be of some help, before doing that, please approach the top management with all the details and records of the case and explain them. Who knows, they may understand your case in a sympathetic way and may reinstate you. All the best.

With regards,

Madhusudan

From India, Vijayawada
Acknowledge(0)
Amend(0)

The point of argument chosen by the lady is that both Balraj and she have been married for five years and suddenly declares this after such a long time. Why did she take such a long time if they are really married? Especially considering they are both employees of the same organization marrying each other. Is the organization blind to such important events? How are the parties involved in this issue managing health insurance without proper details submitted to the organization? What are their nomination details? Would all these things not shed some light on the hidden facts? The lady claims herself to be a divorcee. To whom was she married before and from whom was she granted a divorce? If she is married to Balraj, then what has refrained her from disclosing the details to the organization before? Details are not evident.

One thing that may be considered by the senior members when addressing other members as male chauvinists is that it is objectionable because nobody spoke a word against the lady nor was it disrespectful to the lady. The members were only trying to ascertain the details of the case presented and think from different perspectives. Each person has their own view, which may not necessarily be for or against the parties involved in the case. As this is a professional forum for all members irrespective of seniority/juniority to share their opinions, there should not be gender bias. Senior members may please rethink before posting any comments.

With regards,

Madhusudan

From India, Vijayawada
Acknowledge(0)
Amend(0)

Dear Madhusudhan,

Thank you for your valuable time. I asked my HR manager the same thing: if we were married five years ago, why did she not tell anyone in my or her family? Why did she not inform the HR department for their records? Why did she not include my caste in her name as per Hindu tradition? Why did she not use the title Mrs.? How did she suddenly remember our marriage after five years, just as I was about to get married?

It seems she only did this to create problems in my marriage, and the HR department is supporting her without asking her any questions. She is allowed to work in the organization without any scrutiny, and she continues to perform her duties in the office.

Thank you.

From India, Noida
Acknowledge(0)
Amend(0)

Subject: Re: Gender Bias Discussion

My dear Madhusudan,

By taking objection and offense to a part of my remarks "... reflect the typical male chauvinism," you have once again highlighted the predominant societal trend.

My comments were made without considering or thinking about the lady who made such a claim or complaint.

How can a working lady (a co-worker), who is a divorcee and currently has two children, raise such a dispute without any reason?

However, no questions were raised regarding this matter.

Does it not imply that it has been assumed prima facie that working ladies or divorced ladies are likely to make such false claims even when a person has no involvement or connection to the issue?

Could you kindly explain what kind of attitude such acceptance implies?

It has also been assumed that the allegations are false, despite the fact that the person has been in judicial custody for a month as a result.

In fact, that was the reason I was expecting responses from female members; so they could provide a different perspective or new insight.

Furthermore, it is perplexing that under these circumstances, no complaint of sexual harassment in the workplace was lodged; instead, there is only a claim for legal status as a "wife." To me, this indicates the absence or lack of hostility. However, this aspect has not been further investigated.

I urge you to come forward with your explanations if you have more experience in such matters.

I also offer my apologies if I have offended you or others; I acknowledge that I lack experience in dealing with affairs concerning female colleagues, whether married, unmarried, divorced, with or without children, at the office.

I completely agree with your statement:

"Each person has their own perspective. This does not necessarily have to be for or against the parties involved in the case. As this is a professional forum for all members, regardless of seniority or juniority, to share their opinions, there should be no gender bias."

Madhusudan

This is what is expected from everyone; therefore, my views (and just the phrase "... reflect the typical male chauvinism.") should not be opposed or attacked.

Warm regards.

From India, Delhi
Acknowledge(0)
Amend(0)

Dear Shri Rajkumar,

I appreciate your logical thinking and welcome your point of view. Since this is a professional forum, I believe that what I write should not be misconstrued. As a senior person, you know very well that female members contemplate a lot before voicing their opinions, particularly in cases involving members of the same gender. It is, however, up to them whether to comment on such matters or not. My point is, without knowing the circumstances that led to the divorce claimed by the lady, facts cannot be established in this case. For me, it is not wise to comment on such matters.

However, I still feel that Balraj was sent to judicial custody based on a prima facie assumption by the court regarding the primary accusations leveled against him by the lady. Moreover, if the lady is filing a complaint on grounds of sexual harassment, it may result in some form of action against Balraj by the company, and in such a case, she would be at a disadvantage, contrary to the purpose she intended. Hence, she chose a different approach to attain the "wife" status. My intention is not to oppose or attack your viewpoint.

Best regards,

Madhusudan

From India, Vijayawada
Acknowledge(0)
Amend(0)

Dear Madhusudan,

Thank you for your prompt response and participation. No offense was meant towards you or anyone. I wanted more clarification on the issue, beyond what meets the eye, and participation from lady members to gather different perspectives and viewpoints. This is a complex issue with no unique solution.

Thank you again for taking the time to clarify.

Warm regards.

From India, Delhi
Acknowledge(0)
Amend(0)

Dear Balraj,

The first thing is to make it clear that when you were taken into custody by the police in April, prior to your arrest, you informed your immediate senior about the incident/cause of your arrest, to whom you are supposed to report. If you have done this, then the proper process for management is to either initiate a departmental inquiry or suspend your job until the result of the case filed by the lady is known. Depending on the outcome of the case, they can terminate your employment if you lose; otherwise, you will be reinstated to the same post. However, this process will take time (4-5 years). First, you should make a representation to your management about the entire incident and assure them that you will follow their orders if the decision goes against you. Since you believe the allegations are false and you have done nothing wrong, you should request to be allowed to continue in your job as it is a situation of survival.

After making your representation, if the management does not accept it, you will need to seek the support of a lawyer. I advise you to also make the representation with the assistance of a lawyer.

Please let me know if you need further assistance.

Thank you.

From India, Delhi
Acknowledge(0)
Amend(0)

Mr. Balraj may not be officially married, but was he having an affair or living in a relationship with the lady? Normally, when a lady, especially a divorcee, is working, some men may try to take advantage of the situation by making false promises of marriage, etc. Situations, sympathy, promises, and adorable words can lead her to believe them. When the promises are not kept, out of fear of losing the man she relied on, she might have revealed secrets. Such incidents exist. Mr. Balraj is not my target, but I request the seniors to also focus on the other side.

No complaint of sexual harassment at the workplace was made - perhaps they were on good terms until then. If Mr. Balraj is truly innocent, why would she seek revenge until he is in judicial custody? Why was she against his marriage? These are not easy things to prove. The court requires evidence. Many times, certain things, especially of this nature, cannot be proven with evidence.

Regards,

From India, Bangalore
Acknowledge(0)
Amend(0)


From India, Mumbai
Acknowledge(0)
Amend(0)

Dear Balraj,

Only I suggest to you, firstly collect all evidence that proves your innocence. You were terminated due to a lady who worked with you. She made false allegations that you married her five years before termination. Besides, she is the mother of two children. How is it possible? A lady is married either to two men, or you are the father of two children. Any more,

Bank terminated you without a memo or notice. If a memo was given to you after knowing the incident that happened between you, you were absent on long leave without information or authorization as per your company. Did you inform during this period? If not, why? You have to provide a strong reason against it.

False allegations were made against you. Collect all evidence that proves your blamelessness, such as the birth date of children, names of children’s father, etc.

If you are involved in evil activity, it is better not to try to move forward. If you are not satisfied and think you are blameless, consult with a lawyer.

If any reasons or remarks are mentioned in the termination letter, read them carefully before taking any action.

From India, Bangalore
Acknowledge(0)
Amend(0)

Dear Ankita,

I understand that as a woman, you may tend to support women, but in my situation, I have stated the actual facts in my query. There are matters of love and other issues involved, and the lady appears to be mentally upset. The respected High Court of Allahabad has already placed a stay on the case on 1st August.

Therefore, I seek your advice on whether, based on the High Court order, I can claim my job back from my HR due to the loss of compensation.

Thank you and regards,
Balwant Singh

From India, Noida
Acknowledge(0)
Amend(0)

Dear Balwant,

Grant of stay in the case cannot be claimed as a relief or entitlement to claim your job back with compensation. The final verdict in your favor in the case by the appropriate court of law can only prove your innocence. Also, remember that the case can be contested in the Supreme Court by the lady. The onus to prove your innocence lies solely on you. Let us hope for the best.

With regards,
Madhusudan

From India, Vijayawada
Acknowledge(0)
Amend(0)

Hello Balraj,

If you'd reread my post, you'd understand I have taken neither side... All I did was a postmortem of your post. Whatever you wrote is accepted, and you are proceeding to the court of law to seek justice in the right way. My post is just to inform you that it is very likely that people will view it from the woman's perspective.

It is very natural that if a woman screams and shouts, people or passersby will judge the man and not the woman. The same will happen to you regardless of the genuineness of the case. Please remember that we need sufficient proof to present our case and reveal the truth. Otherwise, be prepared that the decision may lean towards the woman.

Our law is designed to protect women, and unfortunately, some females are misusing the laws. I agree with that and hence am informing you about the arguments that will arise, which you'll have to be prepared to answer to prove your point.

Wishing you luck.

From India, Mumbai
Acknowledge(0)
Amend(0)

Dear Ankita,
I agreed with your point but in our present social network there is many women misusing the low. if you see in a present time there is so many same case where the female is wrong they are using the male only for her self-seeking. Everything is going Ok if the thing is going as per there requirement but if the situation is not going as per there requirement than they are misusing the woman right. and making such like fake FIR with wrong allegation.
In my case I had written in my true complete story she is saying she had married with me in a temple but she doesn’t have any proof like photos and anybody witness and there is no any medical report of for proof of any phiycal relation and I never go in any temple.
So my only point is being a senior and have a most respectable status you people only can advice because you can only assume the matter you don’t know the actual realty and people are using this side only for your best advice.
regards

From India, Noida
Acknowledge(0)
Amend(0)

Mr. Blaraj Negi,
Only if you could keep your hatred for women aside whilst reading my post would you realise that I already mentioned the fact - It is sad that few women are misusing the law created to protect women's dignity and her rights...
Secondly.... I had already asked you how is it possible that without any proofs you were in the custody for 1 long month...
I never said you're cooking up the story... I never took the female's side...
I just informed you there are many loop holes in your story... and how would normally such cases be perceived by soceity...
As someone rightly mentioned, the female can seek justice from the supreme court if she's not satissfied by the outcome of the local court / high court...
And I don't think if she has sufficient data to prove what she says, there can't be much things in her favor... All the best...

From India, Mumbai
Acknowledge(0)
Amend(0)

Hello,

My name is Hemank. There is one company that gave me an appointment letter and informed me that their project is in Hyderabad. They will send me a ticket, and I have to wait at home. Now, after 25 days, they are telling me that they don't need me anymore, so I should find another job. What should I do? Is there any legal action I can take against them?

Please reply to me at hemank.4.10@gmail.com.

Thank you

From India, Pune
Acknowledge(0)
Amend(0)

Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.







Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2025 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.