Facing a Long Disciplinary Process at My Bank: Can I Resign Before It Starts?

I am currently associated with a public sector bank and am on probation. I am due for confirmation this month. I have a rent allowance for Rs 8000 after producing proper bill receipts. Previously, I was paying a rent of Rs 5800 plus electricity bills and other charges together amounting to Rs 8000, and I was receiving bills for the same. The total rent was Rs 8000. Recently, my management started investigating inflated bills and discovered my actual rent was only Rs 5800. When I inquired, they informed me that the rental allowance does not include any other charges, and I have to bear those out of pocket.

Now, they have conducted the investigation and are awaiting action from the disciplinary authority. In the public sector, it might take several years before any action is taken. For disciplinary action to be initiated, a charge sheet detailing the charges of misconduct, an explanation from me, and an enquiry, if needed, are required. If proven, I might face dismissal or removal from service.

I do not wish to wait for a potential punishment as it would be a waste of the bank's money and my time (disciplinary action could take 2-20 years, as seen in previous cases). I am considering resigning voluntarily. However, I have some queries:

Can I resign even though an investigation has been conducted without my knowledge and my rent is unpaid?

If I resign, what could be the repercussions? Will my resignation be accepted? If not, what should I do? The disciplinary authority has not made any decisions yet, and I have not been formally communicated anything. I only found out through my sources. Your guidance would be appreciated.

Rent Receipt and HRA Rules

How much rent did the landlord show in his receipt? Please study closely the rules pertaining to HRA of the bank.

Fake Rent Receipt Concerns

Have you produced a fake rent receipt to claim Rs. 8000 as rent paid when you actually paid Rs. 5800? Your resignation may not be accepted, and they may wish to punish you.

Investigation Process

How can an investigation be conducted without informing you? You need to carefully study the personnel aspects of the enquiry and disciplinary procedure.

Consulting an Advocate

Best will be to quietly consult an advocate with full details. Such inflated claims were strictly avoidable.

The landlord has given a receipt for ₹8000/-. As per HRA rules, rent should not include electricity, water bills, etc. (this is mentioned). However, I was unaware of this earlier. When the HRA personnel contacted the landlord, he initially stated that I am paying ₹8000/-. Later, when they specifically asked, "What is the rent you are charging?" it was revealed that you are charging two types of rent. He then agreed to ₹5800/-.

This is an investigation in banking parlance, and they don't need to inform me. If they want to proceed with disciplinary proceedings against me, they will issue a charge sheet, ask for my explanation, and conduct further inquiry if needed. As only an investigation has been conducted, and no decision regarding disciplinary action has been made (which may take 2-20 years), can I resign? I don't want to waste my time and the bank's money.

Dear anonymous friend, seeking your dispassionate attention, I would like to highlight certain points based on my experience as a Conciliation Officer under the ID Act, 1947 in the past. Even if you are not a "workman" by the nature of your duties in the bank, the parameters of misconduct and the procedure relating to disciplinary action do not vary much.

Misconduct and Disciplinary Procedures

In the first place, you cannot presume that D.Ps in the public sector banks would be protracted. It depends on the nature of misconduct and the method of defense adopted by the delinquents with or without the assistance of the employees' union in the matter.

Understanding Rent and Charges

Second, as an educated person, you cannot plead ignorance of rules. House Rent, in normal parlance, would include the rent for the space exclusively occupied by the tenant and the common charges for the amenities shared by him with others. Unless there is a common meter for measuring the electricity consumed by all in the residential building, electricity charges cannot form part of the amenities provided by the landlord to be included in the rent payable. Even sub-meters are usually installed to ascertain individual consumption in such a situation. Therefore, even if the landlord deposes in your favor in the proposed inquiry that he received the entire amount, it would not be acceptable. When you know that the actual rent you pay for occupation is only Rs. 5800/=, how did you get the receipts for Rs. 8000/= and submitted them onwards?

So, it is clear that you acted on the strength of the rent receipt issued by the landlord presuming that the matter would be over.

Mitigating the Situation

Third, why don't you pay back the excess amount you received so far with the permission of the employer and mitigate the gravity of the charges and plead for leniency?

Certainly, the bank would not accept your resignation at this stage.

Dear friend, you have committed serious misconduct, which appears to have been discovered in the bank's preliminary investigation. While proper disciplinary action is imminent, you wish to resign while still on probation. In this situation, it is unlikely that the bank management will let you go scot-free easily. The best option perhaps is to accept your intentional or unintentional act of misconduct, tender a sincere apology, pay back the excess amount of HRA claimed by you as rightly suggested by Mr. Umakanthan, and request leniency. We don't know whether this will work in your favor, but your sincere apology and intention to refund the excess amount might strengthen your case to preempt disciplinary action. It won't be prudent to pursue thoughts of resigning as it will send a clear message that you want to do so to escape punishment.

Regards, Vinayak Nagarkar HR Consultant

What is your rent eligibility? Is there any House Rent agreement? What amount put there over 8000 or 5800 is matter. Whether you provided the rent agreement to the bank? Whether your bank provided the copy of the policy of the bank on your joining? Did you submit any explanation by now? If not, then consult a lawyer. If you do not want to fight, then quit. Your bank cannot pass an order to hang or kill; rather, there may be some punishment or termination.