Facing Allegations of Misconduct at Work: How Should I Approach Management for Resolution?

Dear Experts,

I am working in a private bank as a State Legal Manager in a supervisory role. I happened to borrow money from bank vendors (advocates) for some personal emergency for a short span of time, and I did not inform my boss. Someone in my team has referred this incident to the Vigilance team out of a personal grudge against me. The vigilance team has revealed that I have taken a kickback from the vendor for the personal relationship and hand loan taken from them, along with other allegations indicating process lapse.

Considering the breach of the code of conduct, I have resigned from the services. Yet the vigilance team has kept my resignation on hold, suspended me from the services, and finalized the report after 6 months of investigation. The person who has raised a complaint against me has resigned and been relieved from the services despite his breach of code of conduct instances (wrong travel claim). I am awaiting the show cause notice from HR. I request your legal expertise in approaching bank management and likely remedies available to get a relieving letter.

Breach of Conduct and Its Consequences

Why or how you took a loan from the vendor is your personal matter, but it constitutes a breach of conduct. Since you breached the code of conduct, you will be punished even if you resign. Your loan may be considered a bribe. The person who raised the complaint acted wrongly, but that is treated as his personal act. However, your actions defame your company.

It is my personal opinion.

Why didn't you approach the bank you have your personal accounts with for a short-term loan? Or even ask relatives to help you meet the short-term debt? Simple common sense should have told you to keep your nose clean and not mix business with your personal life.

None of us here work for your bank, so we are not in a position to tell you what the outcome of all of this will be. To me, it sounds serious enough to speak to your lawyer about it and take his/her counsel in this matter.

Whatever the outcome, you have put yourself in a very difficult position regarding future employment. Trust in employees is a crucial aspect, and you will struggle to overcome this hurdle. However, with diligence, hard work, and a concerted effort, restoring your good name is not entirely impossible.

You need to challenge your termination in court because the matter of the kickback was a false and fabricated plot. The person who brought the allegation has left the establishment. So, the court is the right forum to seek relief.

You have to further await action from the bank, such as the issuance of a memorandum or charge sheet, and respond to it. The fact that the complainant has resigned, left, or may even be involved in fraud does not assist you in this matter.

Taking a personal loan from an external party that has business dealings with you is a very serious issue that can adversely affect your integrity and the confidence placed in you. Gather evidence to demonstrate that the transaction was solely a loan; this may potentially aid you in the disciplinary proceedings that are likely to ensue.

You took a bribe from a vendor (and may have returned it when it became an issue). No one is going to believe that the loan from a vendor was aboveboard. It is serious misconduct, which they are not going to just let go. They have the right to conduct an inquiry and terminate you after that. You have a legal remedy only if there is something wrong done by the employer. If there is any, you have not discussed it here.

Comparison with Another Employee

With reference to the other person who left, his misconduct with the wrong travel claim is of far lesser concern to the company. Anyway, you cannot go to court saying they must not take action on you since they did not take action on a different person who is not connected with your misconduct.