Facing Suspension and Unpaid Leave: How Can I Claim My Full Salary During Medical Leave?

Sir, I was working at Punjab Gramin Bank as a clerk cum cashier for the past five years. However, due to a fraud of twenty lakh rupees in our branch and an FIR lodged against me for issuing a wrong cheque book, I was suspended. I was absent from duty from 3/3/15 to 3/6/15, but the bank suspended me on 6/5/15. When I attempted to return to work on 3/6/15, they handed me a suspension letter. During that period, I was on medical leave, but I was unable to submit my medical documents. Upon my return, I submitted three months' worth of medical records.

After the suspension on 6/5/15, the bank provided me with a subsistence allowance but did not pay my full salary from 3/3/15 to 6/5/15. I currently have 109 days of medical leave and 52 days of pending paid leave. I am seeking advice on how to receive my full salary for the two months I was on medical leave. Please advise me.

As per your own admission, you were absent from duty from 03-03-15 to 03-06-15 without any leave application, and you submitted the medical certificate only upon rejoining. Therefore, technically, you were unauthorizedly absent during the above period. Whether true or not, a logical link can be suggested between your unauthorized absence and the alleged financial irregularity noticed due to your position in the Bank. Thus, the Bank is justified in placing you under suspension in light of the pending fraud case that arose soon after your return on 03-06-15. Until the suspension is lifted, you are entitled to a subsistence allowance only as per the Bank's rules.

Background of the Incident

When I was absent from duty on 3/3/15, I later submitted an application dated 14/3/15 through registered mail. However, the bank requested my medical certificate as I was on sick leave. The injury was severe, and I was unable to provide the medical certificate at that time as the doctor mentioned he would issue a fitness certificate once I recovered. I kept the bank informed through registered mail, but they suspended me on 6/5/15.

Accusations and Legal Proceedings

On 6/3/15, I filed an FIR as a customer accused me of forging signatures on the cheque book, performa, and security document register. The cheques were allegedly used for fraudulent activities in another bank branch. The customer claimed they did not request any cheque book from the bank, but we followed the bank's procedures by taking signatures in English on the performa and security document register. An officer also verified these cheques and signatures. In the FIR, I am a co-accused due to an account holder in a cooperative bank alleging that I provided the cheques for payment, although I was not involved in any fraudulent activities. The bank also accused me of forging signatures on the performa and security document register based on a customer's application.

Legal Precedent

According to a Supreme Court judgment, if a company fails to serve a charge sheet within three months, the employee must be reinstated after the three-month period.

Regards.

I understand your feelings very well. An organization is a collective human endeavor orchestrated by predetermined rules and regulations. The orderly observation of procedures and formalities by employees is an indication of its effective functioning. No prudent management would place an employee under suspension during his unauthorized absence or revoke his suspension when some criminal proceeding is pending against him. The points mentioned in your latest post have to be proved by you in court with convincing evidence.

Regards

"I have logged an FIR against me because a customer alleged that I have forged signatures on the chequebook, proforma, and security document register.

Forensic checks can be made to determine if the signature on the cheque issue register is forged. Additionally, the bank must have valid reasons and evidence before suspending any employee. What was the exact reason they suspended you for? The bank may connect your medical absence with the alleged fraud that occurred. Were you too ill for the bank to be informed properly, or was the hospital you stayed at too far for the bank to verify your medical records?

Various questions may arise both in your favor and against you. It is advisable to seek assistance from a local lawyer, present all correspondence, and provide all relevant information. The insights given here are based on the limited information provided in your query, which may not be sufficient for a comprehensive answer. Incomplete information can be more detrimental. Seek proper guidance from a lawyer who can review documents, including the suspension letter."

Dear Parminder,

Questions Regarding Your Leave and Bank Notice

1. Why have you not taken permission for such a long leave, and has the bank sent any notice to you regarding this?

Concerns About Medical Certificate

2. The reason you provided, that the doctor refused to provide a medical certificate, is beyond understanding. Why would the doctor not issue one if your condition is such that you are unable to go to the office? You could have also considered changing the doctor.

Monitoring and Documentation

3. Is there no camera installed in your branch to monitor when you received the application for a chequebook and delivered the chequebook?

Family Assistance and Document Submission

4. Even if you are so ill, any family member of yours could have visited the bank and submitted your medical documents.

Customer Allegations and Legal Assistance

5. Why is the customer alleging against you? Are there chances that the customer himself is involved if you have done nothing wrong? Seek the assistance of a good lawyer and consult with a senior colleague from your bank to resolve the matter with the customer.

Please let me know if you need any further assistance.

Best regards,

Sir, please tell me if a tabular proforma and a chargesheet are the same thing in a bank. This is because the bank issued a tabular proforma to me.