Dear Sirs,
Kindly explain if a person is kept under suspension for over a year for misconducting cash activities in a bank, and whether there is a possibility for the bank to take legal action after the inquiry proceedings.
Thank you.
From India, Bengaluru
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Kindly explain if a person is kept under suspension for over a year for misconducting cash activities in a bank, and whether there is a possibility for the bank to take legal action after the inquiry proceedings.
Thank you.
From India, Bengaluru
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Dear member,
Please provide the following information:
a) Are you the employee in question who has done misappropriation of the funds, or are you the HR personnel of that company?
b) When was the misappropriation done? Who discovered it, and when was the enquiry ordered?
c) When did the enquiry start, and when was it completed? Who was the Enquiry Officer (EO)? Were they an external person or someone from your company?
d) Was there any inordinate delay in concluding the enquiry?
e) If the alleged defaulter has been placed under suspension, have they been paid subsistence allowance?
f) Upon completion of the enquiry, has the misconduct been proved, and if so, has punishment been awarded to the employee?
There are many questions associated with your post. Please provide us with complete information. Credible replies can be given thereafter.
Thanks,
Dinesh Divekar
From India, Bangalore
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8036Please provide the following information:
a) Are you the employee in question who has done misappropriation of the funds, or are you the HR personnel of that company?
b) When was the misappropriation done? Who discovered it, and when was the enquiry ordered?
c) When did the enquiry start, and when was it completed? Who was the Enquiry Officer (EO)? Were they an external person or someone from your company?
d) Was there any inordinate delay in concluding the enquiry?
e) If the alleged defaulter has been placed under suspension, have they been paid subsistence allowance?
f) Upon completion of the enquiry, has the misconduct been proved, and if so, has punishment been awarded to the employee?
There are many questions associated with your post. Please provide us with complete information. Credible replies can be given thereafter.
Thanks,
Dinesh Divekar
From India, Bangalore
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On the basis of the bare facts given, the legal position is that there can be legal proceedings for defalcation of funds. Fraud, dishonesty are the crimes the accused can be charged with.
From India, Mumbai
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From India, Mumbai
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Dear friend,
Probably, your anonymity implies that you are the person behind the episode narrated in bits and pieces. Suspension pending inquiry is the preliminary process in case of prima facie evidence against a grave misconduct like embezzlement, etc. Therefore, reasons like the collection of further evidence or the examination of many witnesses can take some more time than in the case of an ordinary misconduct. So, prolonged suspension of the delinquent cannot prevent the framing of exact charges later or the continuation of the inquiry for a longer time. Of course, undue delay in the process may lead to judicial intervention if agitated by the suspended employee.
From India, Salem
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Probably, your anonymity implies that you are the person behind the episode narrated in bits and pieces. Suspension pending inquiry is the preliminary process in case of prima facie evidence against a grave misconduct like embezzlement, etc. Therefore, reasons like the collection of further evidence or the examination of many witnesses can take some more time than in the case of an ordinary misconduct. So, prolonged suspension of the delinquent cannot prevent the framing of exact charges later or the continuation of the inquiry for a longer time. Of course, undue delay in the process may lead to judicial intervention if agitated by the suspended employee.
From India, Salem
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Dear Dinesh Divekar Sir,
Thank you for the valuable reply. Here, I am replying to the answers for your points.
a) Yes, due to the internal audit findings, I am the person who committed the misappropriation of the funds.
b) The misappropriation occurred in July 2019. Internal auditors discovered this.
c) Suspension proceedings were initiated, and a pending inquiry letter was given in August 2019. However, no formal inquiry has been conducted yet. I have not received any show cause notice or charge sheet. Only this month, in August 2020, an online inquiry was conducted.
d) Sir, I was not aware of the time frame for the inquiry.
e) Yes, sir, subsistence allowance has been paid to me without any delay.
f) Only one session has been completed, sir, during the inquiry process.
Thank you.
From India, Bengaluru
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Thank you for the valuable reply. Here, I am replying to the answers for your points.
a) Yes, due to the internal audit findings, I am the person who committed the misappropriation of the funds.
b) The misappropriation occurred in July 2019. Internal auditors discovered this.
c) Suspension proceedings were initiated, and a pending inquiry letter was given in August 2019. However, no formal inquiry has been conducted yet. I have not received any show cause notice or charge sheet. Only this month, in August 2020, an online inquiry was conducted.
d) Sir, I was not aware of the time frame for the inquiry.
e) Yes, sir, subsistence allowance has been paid to me without any delay.
f) Only one session has been completed, sir, during the inquiry process.
Thank you.
From India, Bengaluru
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Dear colleague,
It is noted from your posts that you are a bank employee and were suspended pending chargesheet/enquiry for alleged misconduct of misappropriation of bank money. Further, you were kept under suspension for over one year without chargesheet/enquiry. This is an unduly long period, and you should have agitated by making a written representation and demanded the withdrawal of the suspension order. Subsequently, now the chargesheet is issued, and an online enquiry was conducted.
It is not known whether the enquiry was conducted by complying with the due process and that you were given a fair opportunity to defend your case. It looks like the outcome of the enquiry is awaited. With the unclear position as above, you approach us for further advice again after you come to know the results.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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It is noted from your posts that you are a bank employee and were suspended pending chargesheet/enquiry for alleged misconduct of misappropriation of bank money. Further, you were kept under suspension for over one year without chargesheet/enquiry. This is an unduly long period, and you should have agitated by making a written representation and demanded the withdrawal of the suspension order. Subsequently, now the chargesheet is issued, and an online enquiry was conducted.
It is not known whether the enquiry was conducted by complying with the due process and that you were given a fair opportunity to defend your case. It looks like the outcome of the enquiry is awaited. With the unclear position as above, you approach us for further advice again after you come to know the results.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Dispciplinary Action.doc
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