Facing Suspension After a Domestic Inquiry at an MNC Bank: What Are My Friend's Options?

gautamban
Hi,

My friend, who was working in an MNC Bank, has completed his domestic inquiry. In this inquiry, he did not accept the charges against him. The charges on the charge sheet were related to money being fraudulently transferred to his account and then used by him.

During the domestic inquiry, it was found that the money transfer was not fraudulent. Instead, it was done properly with checks and controls by the MNC Bank into the employee's account as salary or bonus. However, the bank now claims that the money was fraudulently transferred, and legal action has been taken against him, resulting in his suspension.

The Bank is required to provide the final report to the employee. The domestic inquiry revealed that the audit conducted by the internal auditor showed that the money was checked and posted by a senior officer of the bank (HR COO) to the employee's account since last year. It was also proven that the employee had informed the senior management in writing. Unfortunately, as he was suspended, he does not have a printout of the letter he wrote to the head of the bank.

We would like to know what actions the employee can take if he feels that the charge sheet does not prove his guilt. He believes he is similar to other employees who were mistakenly overpaid by the bank. Should he not be reinstated in the bank and have the excess amount deducted from his salary each month, or will he be terminated? Can he approach the High Court in Mumbai?

Please urgently provide guidance.
jeeni
Better, go to the labor court. If lower courts do not give judgment in your favor, then approach the high court. If you think that your friend was right and there is no evidence of fraud, etc., then be prepared for a long legal battle with the company.

Regards,
Ranjeet
malikjs
Dear,

No case can be filed directly in the High Court except the PIL and other matters related to the constitution. This case should be filed first in the labour court or civil court as applicable. I have gone through the case, which is not clear, and complete facts are not given.

Regards,
JS Malik
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