Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Sachin.bms4
Hr & Retail
+1 Other

Thread Started by #pankaj-agarwal

I am working in a bank as Information Technology manager. I was unable to detect a fraud during 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 enquiry normally takes atleast one year in the bank notice period is of three months.
1st April 2018 From India, Moradabad
Dear friend,
You may submit the letter of resignation however, how far it will be accepted that remains to be seen. You may receive a reply stating that the letter of resignation has been held in abeyance till the completion of the disciplinary proceedings. Resignation cannot be used as means to deflect the enquiry against the accused.
Nevertheless, if the completion of the entire disciplinary proceedings take year then it is inordinate delay. Therefore, you may submit the letter of resignation and it is held in abeyance then you may submit second letter asking for the early completion of the enquiry and disciplinary action arising thereof. That is only thing that you can do.
Thanks,
Dinesh Divekar
1st April 2018 From India, Bangalore
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.
1st April 2018 From India, Salem
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 ?
1st April 2018 From India, Moradabad
First priority would be to clear your name in the enquiry or at least minimise the extent of blame which may fall on you due to lack of due diligence in work related mater.
Resignation is not likely to be accepted during course of enquiry.
What does your HR manual say regarding timelines for completion of enquiries?
Resignation in a way indicates that you have implicitly accepted blame.
Face the enquiry and then quit.
If there is delay then you can resign in-between quoting inordinate delay in proceedings.
Take calm and calculated decisions.
1st April 2018 From India, Pune
If I give a three month notice to the employer, in this case can the employer force me to work there after three months? I can give a consent to them that I will be available for the enquiry/ personal hearing whenever it happens.
1st April 2018 From India, Moradabad
The company may not give you release.
Pending enquiry is an obstacle which you need to cross.
Company would not take chances of early release as many times people d not keep up words and legally it may become difficult for company to answer why they accepted resignation.
You need to take considered decisions,since a fraud has taken place and your role as auditor comes into play here.
1st April 2018 From India, Pune
You was unable to detect a fraud so that is fine but you need to face the enquiry and without facing it you will not be released in short no NOC will be given.your mistake is only of not finding fault and it is not deliberate so face the enquiry and then resign as if the enquiry is taking more time than only give request letter to HR to finish or complete the enquiry proceedings as soon as possible.
Don't worry and face this situation calmly.
Mistakes are bound to happen if you are doing work so learn from mistake and see to it that it will not happen in future and move forward.
Regards,
Sachin Kadam
1st April 2018 From India, Pune
Dear friend,
Not withstanding 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 judgement, you can explain this convincingly and request the dropping of the charge as far as you are concerned in view of your proposed resignation.
2nd April 2018 From India, Salem
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