Termination After Gratuity Payment/Notice Pay Payment - CiteHR
Neelima43_1741
Hr And Training Professional
Uttu Babu
Dgm- Sales

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After unearthing a fraud in the bank, I was working with, I was served Suspension Order-Cum-Charge Sheet by my employer Bank. I offered my resignation. But at the time of accepting my Resignation, I was asked to accept all the charges mention in the Charge Sheet on paper, which I did as it was requested in by the employer citing some internal Audit requirements.

After my resignation, I was paid 3 months salary by the employer even after my request to relieve me with immediate effect (In this case, I was supposed to pay the Notice period payment, But my employer paid me).

After 4 months of my resignation, my employer informed me that I have been dismissed from the services after 2 months from the date of my Resignation, and I will not be issued any relieving Letter also.

Through, RTI application, I obtained my Form 19 and Form 10 submitted by my employer with Providend Fund Organization. in my Form 19 and Form 10 my employer has mentioned reason of leaving being 'Resignation'. I have been paid Gratuity also, which is forfeited in case of Dismissal/Termination. But, the Employer has paid me Notice pay and Gratuity also. It is a case of Discriminatory retaliation,as I kept my fight alive against my employer involved in Window Dressing and Financial Manipulation even after my resignation.

Kindly guide me on my next Step? Should I file an FIR against my employer or what will the suitable step to get justice in terms of getting my Relieving Letter? Please help and Guide in my fight....

Warm Regards,

Did you accept the fraud charges?
If yes then you will have a lot of problems in establishing a criminal case. Please specify this "I was asked to accept all the charges mention in the Charge Sheet on paper, which I did as it was requested in by the employer citing some internal Audit requirements."

The charges imposed in the Charge Sheet were not of very serious nature, No Fraud charges, No Financial gains Charges, No Sexual Harassment charges.

The charges imposed were:

1. Transfer of Official mails on my personal mail ID

2. Sending requests to the management for the transfer to my home state

3. Performance in last year

4. Depositing some cash in my Salary account

5. Using my Official mobile phone for some personal calls

6. Absent from Office without any information

I was not given opportunity to appeal also after the IO submitted his inquiry report. They asked me that since I am still pursuing the case of Window Dressing done by the Bank, I will be punished, and they did it in the same of my Termination Order after 4 months of my resignation. They simply sent one pager Termination Order, and stopped communicating with me, and I did not get opportunity to appear for Appeal Hearing, which is against law of Natural Justice.

Do you think that the aforesaid charges imposed on me qualify for my Termination? this is a case of Discriminatory Retaliation only. Kindly suggest me accordingly.

Hi,
the charges are serious in nature. Referring to point no. 4, it are stands a fraud charges, where you had deposited company money in your personal account. In fact, all of them are charges of serious nature. In my view, you should had consulated some lawyer or professional before signing them off. they build a strong case against you and obtain your signature as well.
Therefore, it is suggest that you avoid FIR or any legal proceeding because it will work against you.
Neelima
HR

Please consider this fact also that I have unearthed a strong case of Financial Manipulation done by my own Bank. I did not deposit Bank's money in my salary account. The amount deposited by me in my salary account was my money only.
Transferring official mails on personal mail/Bad Performance/ Request for transfer to home state/ and all other charges in the Charge Sheet don't qualify for Termination of services, I think. Please suggest on this part also.
This is a classic case of discriminatory Retaliation only, where the employee was pressurized and threatened to keep mum about the Fraud done by the employer.
There is no charges of Fraud/Monetary Gains/Sexual Harassment against me. I just worked as a Whistle Blower and informed Bank Management about this case of Financial Manipulation done by the concerned department.
Rgds,
UB

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