Unfair Dismissal After Resignation: How Can I Fight for My Relieving Letter and Justice?

Fraud Discovery and Consequences

After uncovering fraud in the bank where I was working, I was served a Suspension Order-Cum-Charge Sheet by my employer bank. I offered my resignation. However, when accepting my resignation, I was asked to acknowledge all the charges mentioned in the Charge Sheet on paper, which I did as per the employer's request citing internal audit requirements.

Following my resignation, my employer paid me three months' salary despite my request for immediate release (where I was supposed to pay the notice period payment, but my employer paid me instead).

Four months after my resignation, my employer notified me that I had been dismissed from my services two months after my resignation date, and I would not receive a relieving letter.

Discrepancies in Employer's Actions

Through an RTI application, I obtained my Form 19 and Form 10 submitted by my employer to the Provident Fund Organization. In both forms, my employer stated the reason for leaving as 'Resignation'. I also received Gratuity, which is typically forfeited in cases of dismissal/termination. However, the employer paid me notice pay and gratuity. This situation appears to be a case of discriminatory retaliation, as I continued my fight against the employer involved in window dressing and financial manipulation even after resigning.

Seeking Guidance on Next Steps

I seek guidance on my next steps. Should I file an FIR against my employer, or what would be the appropriate course of action to obtain justice, particularly in acquiring my relieving letter? Please assist and advise me in my pursuit.

Warm Regards,

Did you accept the fraud charges?

If yes, then you will have a lot of problems in establishing a criminal case. Please specify this: "I was asked to accept all the charges mentioned in the Charge Sheet on paper, which I did as it was requested by the employer citing some internal Audit requirements."

Nature of Charges and Termination

The charges imposed in the Charge Sheet were not of a very serious nature: no fraud charges, no financial gain charges, and no sexual harassment charges.

The charges imposed were:

1. Transfer of official emails to my personal email ID.
2. Sending requests to the management for a transfer to my home state.
3. Performance in the last year.
4. Depositing some cash in my salary account.
5. Using my official mobile phone for some personal calls.
6. Absence from the office without any information.

I was not given the opportunity to appeal after the IO submitted his inquiry report. They informed me that since I am still pursuing the case of window dressing done by the bank, I would be punished. They issued my termination order four months after my resignation. They simply sent a one-page termination order, stopped communicating with me, and did not provide me with the opportunity to appear for an appeal hearing, which goes against the principles of natural justice.

Do you think that the aforementioned charges imposed on me qualify for my termination? This seems to be a case of discriminatory retaliation. Kindly advise me accordingly.

Hi, the charges are serious in nature. Referring to point no. 4, it stands as a fraud charge, where you had deposited company money into your personal account. In fact, all of them are serious charges. In my view, you should have consulted a lawyer or professional before signing them off. They have built a strong case against you and have obtained your signature as well.

Therefore, it is suggested that you avoid filing an FIR or engaging in any legal proceedings because it will work against you.

Neelima
HR

Consideration of Financial Manipulation Case

Please consider the fact that I have unearthed a strong case of financial manipulation done by my own bank. I did not deposit the bank's money in my salary account; the amount deposited by me in my salary account was my money only.

Transferring official emails to personal mail, poor performance, a request for transfer to my home state, and all other charges in the charge sheet, I believe, don't qualify for termination of services. Please suggest on this part as well.

This is a classic case of discriminatory retaliation, where the employee was pressured and threatened to remain silent about the fraud committed by the employer.

There are no charges of fraud, monetary gains, or sexual harassment against me. I merely acted as a whistleblower and informed the bank management about this case of financial manipulation done by the concerned department.

Regards, UB