I am working in a bank as an Information Technology manager. I was unable to detect fraud during the information system audit of a branch. Because of that, a charge sheet has been issued to me.
As I do not want to continue in this job, can I resign? Disciplinary inquiries normally take at least one year in the bank, and the notice period is three months.
From India, Moradabad
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As I do not want to continue in this job, can I resign? Disciplinary inquiries normally take at least one year in the bank, and the notice period is three months.
From India, Moradabad
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Dear friend,
You may submit the letter of resignation; however, how far it will be accepted remains to be seen. You may receive a reply stating that the letter of resignation has been held in abeyance until the completion of the disciplinary proceedings. Resignation cannot be used as a means to deflect the inquiry against the accused.
Nevertheless, if the completion of the entire disciplinary proceedings takes a year, then it is an inordinate delay. Therefore, you may submit the letter of resignation, and if it is held in abeyance, then you may submit a second letter asking for the early completion of the inquiry and disciplinary action arising therefrom. That is the only thing that you can do.
Thanks,
Dinesh Divekar
From India, Bangalore
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8036You may submit the letter of resignation; however, how far it will be accepted remains to be seen. You may receive a reply stating that the letter of resignation has been held in abeyance until the completion of the disciplinary proceedings. Resignation cannot be used as a means to deflect the inquiry against the accused.
Nevertheless, if the completion of the entire disciplinary proceedings takes a year, then it is an inordinate delay. Therefore, you may submit the letter of resignation, and if it is held in abeyance, then you may submit a second letter asking for the early completion of the inquiry and disciplinary action arising therefrom. That is the only thing that you can do.
Thanks,
Dinesh Divekar
From India, Bangalore
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I don't think that your resignation would be accepted as disciplinary action has already been initiated against you. However, as you are not involved in the commission of the fraud which you failed to detect during your audit, the management may take a lenient view. You can make a representation to the HR.
From India, Salem
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From India, Salem
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I want to apply in other organizations but I will not be able to join other organizations as my current employer will not provide NOC for that. Is there any solution for that ?
From India, Moradabad
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From India, Moradabad
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First priority would be to clear your name in the enquiry or at least minimize the extent of blame which may fall on you due to lack of due diligence in work-related matters. Resignation is not likely to be accepted during the course of the enquiry. What does your HR manual say regarding timelines for the completion of enquiries? Resignation, in a way, indicates that you have implicitly accepted blame. Face the enquiry and then quit. If there is a delay, then you can resign in-between, citing an inordinate delay in proceedings. Take calm and calculated decisions.
From India, Pune
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From India, Pune
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If I give a three-month notice to the employer, can the employer force me to work there after three months? I can give consent to them that I will be available for the inquiry/personal hearing whenever it happens.
From India, Moradabad
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From India, Moradabad
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The company may not give you release. Pending enquiry is an obstacle which you need to cross. The company would not take chances of early release as many times people do not keep their word, and legally it may become difficult for the company to answer why they accepted the resignation. You need to make considered decisions, since a fraud has taken place and your role as an auditor comes into play here.
From India, Pune
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From India, Pune
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You were unable to detect fraud, which is understandable. However, you need to face the inquiry. Without addressing it, you will not be released, meaning no No Objection Certificate (NOC) will be given. Your mistake was simply not finding the fault, and it was not deliberate. Therefore, face the inquiry and then consider resigning. If the inquiry is taking longer than expected, you can submit a request letter to HR to expedite the proceedings.
Don't worry and confront this situation calmly. Mistakes are inevitable in work; the key is to learn from them and ensure they do not recur in the future as you move forward.
Regards,
Sachin Kadam
From India, Pune
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Don't worry and confront this situation calmly. Mistakes are inevitable in work; the key is to learn from them and ensure they do not recur in the future as you move forward.
Regards,
Sachin Kadam
From India, Pune
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Dear friend,
Notwithstanding one's freedom to exercise the option, every employment contract has its own specific rules of entry into and exit out of the contract governing the employer and the employee concerned. Such rules can either be express or implied. Therefore, it would be right and justified on the part of any employer to refuse to accept the resignation submitted by an employee facing disciplinary action. That's the general legal position.
However, the employer can exercise discretion depending upon the gravity of the charges leveled, the extent of the involvement of the delinquent in the misdeed, the nature of his previous service record, and the like.
Therefore, if you are confident that the fraud you failed to detect during your audit is too technical and your failure is just because of your error of judgment, you can explain this convincingly and request the dropping of the charge as far as you are concerned in view of your proposed resignation.
From India, Salem
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Notwithstanding one's freedom to exercise the option, every employment contract has its own specific rules of entry into and exit out of the contract governing the employer and the employee concerned. Such rules can either be express or implied. Therefore, it would be right and justified on the part of any employer to refuse to accept the resignation submitted by an employee facing disciplinary action. That's the general legal position.
However, the employer can exercise discretion depending upon the gravity of the charges leveled, the extent of the involvement of the delinquent in the misdeed, the nature of his previous service record, and the like.
Therefore, if you are confident that the fraud you failed to detect during your audit is too technical and your failure is just because of your error of judgment, you can explain this convincingly and request the dropping of the charge as far as you are concerned in view of your proposed resignation.
From India, Salem
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