I have been discharged after a domestic inquiry from duty for gratification charges and lapses in pre- and post-sanction follow-up of one loan. I made an appeal to the CEO, but it was in vain. Nothing is clear about my pension. They are not ready to reinstate me. Based only on one officer's statement, they have framed the charges of gratification, even though, through my union, I have fought and raised objections. Can I go to court now? The customer has clearly given evidence that I have not given any gratification of any sort, nor has the senior manager demanded it. Even then, the E.O. did not consider our argument. The Disciplinary Authority has given an order of discharge.
Please help me; I have put in more than 25 years of service in the bank.
From India, undefined
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Please help me; I have put in more than 25 years of service in the bank.
From India, undefined
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Thank you for providing such a forum. I am a bank employee and was working as the branch head in one of the metro cities. In that office, there were two officers who were not working properly, for which, in front of customers, I scolded them. To take revenge, they mailed a letter to the Head Office, lodging a complaint that I give loans through agents, accept gratification, etc. An investigation took place, followed by a domestic enquiry. The Enquiry Officer (E.O.) gave a report that I have accepted gratification. This was based on the witness of the staff whom I had scolded.
The disciplinary authority, even though we raised objections to the E.O. report, accepted the E.O. report in toto, saying that management could prove the charge. Hence, I was discharged without any benefits. The appellate authority also went according to the disciplinary authority's order.
Can I Approach the High Court?
Now, can I approach the high court? Can I win the case? Please help me.
Regards.
From India, undefined
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The disciplinary authority, even though we raised objections to the E.O. report, accepted the E.O. report in toto, saying that management could prove the charge. Hence, I was discharged without any benefits. The appellate authority also went according to the disciplinary authority's order.
Can I Approach the High Court?
Now, can I approach the high court? Can I win the case? Please help me.
Regards.
From India, undefined
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You can challenge your termination before the civil courts since you are officers. If you can prove yourself a 'workman,' then you can approach the labor court. Please engage a lawyer who is an expert in service matters.
Please note, the challenge should focus on the domestic inquiry, i.e., the inquiry was not fair, proper, and as per the principles of natural justice, and full opportunity was not provided to you. Normally, courts do not interfere with the punishment awarded by the management if the inquiry is deemed fair and proper.
I think gratuity can be claimed if it is not forfeited through the termination order.
Hope this will help you.
Best of luck.
Thanks
From India, Panipat
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148Please note, the challenge should focus on the domestic inquiry, i.e., the inquiry was not fair, proper, and as per the principles of natural justice, and full opportunity was not provided to you. Normally, courts do not interfere with the punishment awarded by the management if the inquiry is deemed fair and proper.
I think gratuity can be claimed if it is not forfeited through the termination order.
Hope this will help you.
Best of luck.
Thanks
From India, Panipat
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Please contact a good labour lawyer who will guide you appropriately.
From United+States, San+Francisco
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From United+States, San+Francisco
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"E.O. gave a report that I have accepted gratification. This was based on the witness of that staff whom I have scolded. Did they tell from whom you have accepted gratification? Did the person who has given you gratification testify in the inquiry? These two witnesses are partisan, and their testimony could have been discredited by cross-examination and bringing the fact of bias against you. What were the charges framed against you, and what documentary evidence was used to prove the charges? Biased or improperly conducted inquiries can always be challenged in a court of law. Consult a good lawyer and go to court."
From India, Pune
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From India, Pune
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Dear sir, yes, they have mentioned one customer name from whom I have accepted gratification. The person mentioned has clearly said and given witness/evidence in favor of me. He has informed by appearing personally in front of EO that I have not given any gratification nor has he demanded.
Exactly, you are right. One of our officers gave wrong evidence that I have accepted gratification without any proof. He says that he has seen me taking a brown cover from a customer, and as there was a credit of Rs 17,000/- to my SB account which I had credited, the previous day I had withdrawn the amount, and the same was credited back. Thinking that it is a gratification amount given by the customer, the officer, who was not liking my leadership as a manager, gave wrong evidence which was accepted by management. Hence, I was made a scapegoat.
Charges:
i) Accepted gratification of Rs 18,000/- from one customer (Not proved properly) even though EO gave his report.
ii) Borrowed Rs 50,000/- from a bank customer. Even though the concerned parties came for evidence and gave witness in favor of me, it was set aside.
iii) Pre-sanction/post-sanction lapses in one MSME loan account of Rs 35 lakhs (Rs 18 lakhs has been recovered).
iv) Any good LAWYER REFERENCE PLEASE.
Please help me out. I have put up 27 years of service. Management is inhuman. They have spoiled my life.
Regards
From India, undefined
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Exactly, you are right. One of our officers gave wrong evidence that I have accepted gratification without any proof. He says that he has seen me taking a brown cover from a customer, and as there was a credit of Rs 17,000/- to my SB account which I had credited, the previous day I had withdrawn the amount, and the same was credited back. Thinking that it is a gratification amount given by the customer, the officer, who was not liking my leadership as a manager, gave wrong evidence which was accepted by management. Hence, I was made a scapegoat.
Charges:
i) Accepted gratification of Rs 18,000/- from one customer (Not proved properly) even though EO gave his report.
ii) Borrowed Rs 50,000/- from a bank customer. Even though the concerned parties came for evidence and gave witness in favor of me, it was set aside.
iii) Pre-sanction/post-sanction lapses in one MSME loan account of Rs 35 lakhs (Rs 18 lakhs has been recovered).
iv) Any good LAWYER REFERENCE PLEASE.
Please help me out. I have put up 27 years of service. Management is inhuman. They have spoiled my life.
Regards
From India, undefined
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