Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
KK!HR
Management Consultancy

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Anonymous
Dear Sir's, Kindly explain, if a person is kept under suspension for 1+ years for misconducting the cash activities in the bank, and finally is there any chance to take legal action from a bank after inquiry proceedings?
From India, Bengaluru
Dear member,

Please provide the following information: -

a) Are you the employee in question who has done misappropriation of the funds or you are the HR personnel of that company?

b) When the misappropriation was done? Who discovered it and when the enquiry was ordered?

c) When the enquiry started and when it was completed? Who was the Enquiry Officer (EO)? Was he/she external person or the person from your company?

d) Was there any inordinate delay in concluding the enquiry?

e) If the alleged defaulter has been placed under suspension then has he/she been paid subsistence allowance?

f) On completion of the enquiry has the misconduct been proved and if yes then has punishment been awarded to the employee?

There are so many questions associated with your post. Please give us complete information. Credible replies can be given thereafter.

Thanks,

Dinesh Divekar

From India, Bangalore
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
Dear friend,
Probably your anonymity implies that you are the person behind the episode narrated in bits and pieces. Suspension pending enquiry is the preliminary process in case of prima facie evidence against a grave misconduct like embezzlement etc. Therefore, reasons like collection of further evidence or examination of many witnesses can take some more time than the case of an ordinary misconduct. So, prolonged suspension of the delinquent cannot prevent the framing of exact charges later or continuation of the enquiry for a longer time. Of course undue delay in the process may lead to judicial intervention if so agitated by the suspended employee.

From India, Salem
Anonymous
Dear Dinesh Divekar sir, Thank you for the valuable reply. Here i replied the answers for your points.
a) Yes, due to the Internal audit findings, i'm the person who done the misappropriation of the fund.
b) misappropriation was done on 2019 july, Internal auditors found that,
c)suspension proceedings pending enquiry letter was given on august 2019, after that no enquiry was conducted. No show cause notice, charge sheet was sent to me.Then, this month, i.e, 2020 August only they conduct enquiry via online.
d)I dont know sir, i did not have knowledge about the enquiry time frame limit.
e)Yes sir, subsistence allowance paid for me without any delay.
f)Only one sitting was completed sir, While enquiry session,

From India, Bengaluru
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 unduly long period and you should have agitated by making written representation and have demanded withdrawal of suspension order .
Subsequently now , the chargesheet is issued and online enquiry was conducted.
It is not known whether the enquiry was conducted by complying with the due process and that you were given fair opportunity to defend your case.
It looks the outcome of the enquiry is awaited.
With the unclear position as above, you approach us for furthe advice again after you come to know the results.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
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