Rakesh chattiI am currently associated with a public sector bank. I am on probation. I am due for conformation this month.
I have rent allowance for rs 8000/- after producing proper bill receipts. I was paying a rent of 5800+ Electricity bill and other charges together amounting to 8000/-. and i was receiving bill for the same. Total rent as 8000/-. Recently my management started investigating into inflated bills and they came to know my rent was only 5800. When i inquired they informed that rental allowance doesn't include any other charges and i have to bear out of pocket.
Now they have done the investigation and awaiting for action from disciplinary authority. In public sector it might take several years before taking an action. to take an action there must be charge Sheet detailing charges of misconduct, explanation from me and enquiry, if needed. If proved, i might be dismissed/removed from service.
I don't want to wait expecting punishment. It is a waste of banks money and my time (disciplinary action takes 2- 20 years as proved in earlier cases). I wanted to resign voluntarily. Now my query is?
Can i resign? investigation is conducted but i was not not informed about it and my rent is not paid.
if i resign what could be repercussions? will my resignation be accepted? if not, what should i do? Because disciplinary authority hasn't taken any decision yet and i was not communicated anything. I only came to know through my sources. Kindly advise
From India, Chennai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
PRABHAT RANJAN MOHANTY
Hr & Ir
Insolvency N Gst Professional
Nagarkar Vinayak L
Hr And Employee Relations Consultant
nathraoHow much rent did the landlord show in his receipt?
Please study closely the rules pertaining to HRA of the bank.
Have you produced fake rent receipt to claim Rs8000 as rent paid when you actually paid Rs5800?
Your resignation may not be accepted and they may wish to punish you.
How can an investigation be conducted without informing you?
You need to carefully study the personnel aspects of enquiry and disciplinary procedure.
Best will be to quietly consult an advocate with full details.
Such inflated claims were strictly avoidable.
From India, Pune
Rakesh chattiLandlord has given the receipt for 8000/-. As per HRA rules rent should not include electricity, water bills etc.. (it is mentioned). But i didnt knew this earlier.
when hra people called to landlord, he first told that i am paying 8000/- later when they particularly asked what is the rent you are charging? we came to know you are charging two types of rent, he agreed 5800/-.
This is investigation in banking parlance and they dont need to inform me. If they want to go for disciplinary proceedings against me, they will issue charge sheet and ask my explanation and go further enquiry if needed.
Now since only investigation is conducted, no decision regarding disciplinary action is taken(which may take 2 - 20 years) can i resign? since i dont want to sit wasting my time and banks money
From India, Chennai
umakanthan53Dear anonymous friend,
Seeking your dispassionate attention, I would like to highlight certain points based on my experience as a Conciliation Officer under the ID Act, 1947 in the past. Even if you are not a "workman" by the nature of your duties in the bank, the parameters of misconduct and the procedure relating to disciplinary action do not vary much.
In the first place, you can not presume that always D.Ps in the public sector banks would be protracted. It depends on the nature of misconduct and the method of defense adopted by the delinquents with or without the assistance of the employees union in the matter.
Second, as an educated person, you can not plead ignorance of rules. House Rent, in normal parlance, would include the rent for the space exclusively occupied by the tenant and the common charges for the amenities shared by him with others. Unless there is a common meter for measuring the electricity consumed by all in the residential building, electricity charges can not form part of the amenities provided by the land Lord to be included in the rent payable. Even sub-meters are usually installed to ascertain individual consumption in such a situation. Therefore, even the landlord deposes in your favor in the proposed inquiry that he received the entire amount, it would not be acceptable. When you know that the actual rent you pay for occupation is only Rs. 5800/=, how you got the receipts for Rs. 8000/= and submitted them onwards?
So, it is clear that you acted on the strength of the rent receipt issued by the landlord presuming that the matter would be over.
Third, why don't you pay back the excess amount you received so far with the permission of the employer and mitigate the gravity of the charges and plead for leniency?
Certainly, the bank would not accept your resignation at this stage.
From India, Salem
Nagarkar Vinayak LDear friend,
You have committed serious misconduct which it appears has been found out in Bank's preliminary investigation.
While proper disciplinary action is imminent, you wish to resign while still on probation. In this situation, it is unlikely that the bank management will let you easily go scot- free.
The best option perhaps is to accept your intentional or unintentional act of miscoduct , tender sincere apology and pay back the excess amount of HRA claimed by you as rightly suggested by Mr Umakanthan Sir, and request leniency .
We don't know whether this will work in your favour but your sincere apology and intention to refund the excess amount might strengthen your case to preempt disciplinary action.
It won't be prudent to persue thoughts of resigning as it will give clear message that you want to do so to escape punishment.
From India, Mumbai
PRABHAT RANJAN MOHANTYWhat is your rent eligibility?
Is there any House Rent agreement?
What amount put thereover 8000 or 5800 is matter
Whether you provided the rent agreemnt to bank?
Whether your bank provided the copy of policy of the bank on your joining?
Did you submit any explanation by now if not then consult a lawyer?
If you do not want to fight then quit. Your bank can not pass an order to hang or kill rather may be some punishment or termination.
From India, Mumbai