Facing Unfair Suspension as a Cashier: How Can I Legally Challenge It?

Hi, I am working as a cashier in a public sector bank. Two months ago, a theft occurred at my ATM. Following that incident, management suspended me. However, I was not at fault. They only cited one reason - that I was the cashier on duty that day. This is very unfair. How can I obtain a stay from the court? Please advise on the necessary details.

Theft at an ATM led to your suspension. The reason for your suspension needs further clarification. Please provide more details to receive a comprehensive answer.

The reason for suspension is "I am the head cashier on that day, and I am holding the keys with the accountant." The accountant also got suspended. However, the ATM keys are with the accountant only. That is my point. Unnecessarily, I got suspended.

Okay. Did they give you any show-cause notice? Was a police case registered? Was there any visible theft from the ATM? Who discovered the theft? Was there any cash shortage without visible signs of robbery? Please provide full details for a proper answer. Is there any inquiry currently in progress?

I have corrected the spelling, grammar, and punctuation errors in the text and formatted it into proper paragraphs. Let me know if you need any further assistance.

Legal Recourse for Suspension in Public Sector Banks

A Public Sector Bank, being an authority under Article 12 of the Constitution of India, is amenable to the Writ Jurisdiction. Therefore, you can move the High Court of the State. However, the problem is that due to the loss of public money through theft, both double-lock officers of the Bank responsible for the ATMs were placed under suspension pending inquiry by the Bank or investigation by the Police following the procedure. It would be doubtful whether the Court would be inclined to stay the orders of suspension at this early stage if they are passed by the competent authority. However, there are chances for the Court to issue directions to complete the inquiry within a specified time limit. It is advisable to seek the advice of a Senior Advocate of the High Court.

Dear Mr. Umakanatan,

Your answer is absolutely correct. The query is lacking in details. Suppose the ATM theft involved breaking open and removing cash? In that case, this individual might have a chance to seek a stay. I am genuinely puzzled as to why the person asking the question has not yet responded to my request for more specific information.

Thank you.

Dear Mr. Rao, your presumptions are exactly correct, and the final question following your astonishment is apt. As far as I know, for any theft of the Bank's money kept in the ATM by burglary, the concerned employees of the Bank would not be proceeded against. Normally, a group of ATMs would be under the scrutiny of a monitoring system, and only the employees in charge will have access to the monitoring system to watch the entire transactions through every ATM and load them with currency as and when required.

Therefore, if a shortfall in cash between successive ATM replenishments is noticed, then normally the employees concerned would be held responsible, as they alone would have the key for the machines and know the passwords if outside agencies are not engaged for such work. Though the single key was with the cashier and the questioner, as admitted by himself, was not present at the time of the particular successive replenishment of currency, he, as the Head Cashier, cannot disown his joint responsibility for the monetary loss. Moreover, the shortfall in cash might have been detected by the Manager, and hence his suspension might be based on such presumable facts only. I gave my reply as above.

Thank you.

Legal Considerations for Obtaining a Stay During Suspension

In the narrated circumstances of the matter, staying on suspension is rather difficult. A stay is granted if the following three tests are all answered in your favor:

1. Prima Facie Case
The fact that the keys were with the Accountant would be a factor in your favor, but the management would have their side of the story. The rules providing for suspension are a major factor in favor of suspension.

2. Balance of Convenience
The management has a better case here as they can stress the contention that the presence of a suspended employee at the workplace would vitiate the process and prejudicially affect the progress of the inquiry.

3. Irreparable Injury
This is more in favor of the continuance of suspension. The suspended employee continues to be in service and is entitled to a subsistence allowance.

This legal position was shared not to dissuade you from trying your luck but only to forewarn you of the likely scenario. Notwithstanding my comments, you may consult a senior advocate with all papers and the applicable rule position as suggested by Shri Umakanthan sir and decide accordingly.

Legal position on suspension

The seniors have apprised you of the correct legal position regarding suspension. It is very difficult to stay a suspension in its early stage as the bank can suspend an employee pending investigation, as per the service rules. Therefore, it might be better to await the investigation report if an investigation has been ordered. If the bank does not intend to order any investigation but suspended you merely on some prima facie assumptions, and you have evidence contrary to it, you can prove extraneous factors like bias or haste in arriving at such a conclusion. As Mr. Umaknathan mentioned, you can approach the appropriate High Court for a stay.

Departmental remedies before approaching the High Court

However, you can try certain departmental remedies before deciding to move to the High Court:

1) The authority suspending you can also revoke the suspension upon an application made by the employee with convincing grounds. So, you can try this first.
2) If your application is declined, you can appeal to the authority higher than him, who normally acts as the appellate authority under the rules of discipline, to review the decision made by the lower authority, even if the rules are silent on this remedy.
3) If both remedies fail, you can approach the High Court. You need to convince the court that the order suffers from a defect apparent on the face of it.

Regards, B. Saikumar HR & Labour Relations Adviser Navi Mumbai

Understanding Responsibility in ATM Theft Cases

This statement, "the theft has happened in my ATM," clearly indicates that the responsibility and authority rest on you, regardless of the events that occur at the particular ATM. Unless you can prove that the theft was beyond your control, the suspension will remain in effect until investigations are concluded. Prima facie, you must demonstrate that the responsibilities do not fall on you and address the theft in a way that shows you were not responsible. Therefore, examine your responsibilities in the matter and gain clarity before representing the case in court.

Dear Member,

The comments given by Mr. Saikumar B. are the right approach to make an appeal against your suspension. If your innocence is proved in the process of the inquiry, not only will the suspension be revoked, but you are also eligible for full salary for any malafide charges against you. Take this as an opportunity to defend yourself well against the proceedings.

Thank you.