Dear Sir, I am in the Clerical cadre at Union Bank of India and was suspended while working at Corporation Bank on 07 Feb 2020. Following the merger, UBI issued a show cause notice in November 2020, to which I replied. Subsequently, on 23 Jan 2021, UBI, through the Branch head, filed an FIR against me at the police station. On 07 July 2021, I was arrested by the police and sent to the district jail. I was released after 21 months in March 2023.
Upon my return, I was called for an inquiry, but it was halted, stating that the inquiry cannot proceed until the court case is finalized, and my suspension cannot be lifted until then. I have spent 03 years and 09 months under suspension, receiving 50% of my salary.
I am seeking guidance on how to proceed to have my suspension revoked or to receive full salary, as the management has not responded to any of my correspondences.
Thank you.
From India, Delhi
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Upon my return, I was called for an inquiry, but it was halted, stating that the inquiry cannot proceed until the court case is finalized, and my suspension cannot be lifted until then. I have spent 03 years and 09 months under suspension, receiving 50% of my salary.
I am seeking guidance on how to proceed to have my suspension revoked or to receive full salary, as the management has not responded to any of my correspondences.
Thank you.
From India, Delhi
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Hi Ajeet,
It's crucial to consult with a legal professional for advice tailored to your specific situation. Here are some general steps you may consider taking:
Legal Assistance:
Seek legal advice from an employment lawyer or a legal expert who specializes in labor laws and employee rights. Provide all relevant documents and details of your case to the lawyer for a thorough assessment.
Review Internal Policies:
Familiarize yourself with the internal policies and procedures of Union Bank of India regarding suspension, disciplinary actions, and inquiries. Check if there are any specific provisions regarding the time limit for the completion of an inquiry.
Engage with Union/Association:
If you are a member of a union or employee association, reach out to them for support and guidance. They may have experience dealing with similar cases and can provide assistance or representation.
Follow-Up Correspondence:
Continue to communicate with the management in writing, expressing your concerns and seeking updates on the status of your case. Keep a record of all correspondence for future reference.
Request for Full Salary:
If you believe that the suspension has been unjustifiably prolonged, consider formally requesting the bank to reconsider and pay your full salary. Clearly outline the reasons you believe support the revocation of your suspension or the payment of full salary.
Court Proceedings:
Stay informed about the progress of the court case. If there are developments, inform your legal representative and management. Ensure that your legal representative is actively involved in the court proceedings.
Alternative Dispute Resolution (ADR):
Explore the possibility of alternative dispute resolution methods, such as mediation or arbitration, to expedite the resolution of your case.
Keep Records:
Maintain detailed records of all interactions, correspondence, and events related to your case. Document any instances where you believe your rights have been violated or procedures have not been followed.
Regards,
From India, Bangalore
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202It's crucial to consult with a legal professional for advice tailored to your specific situation. Here are some general steps you may consider taking:
Legal Assistance:
Seek legal advice from an employment lawyer or a legal expert who specializes in labor laws and employee rights. Provide all relevant documents and details of your case to the lawyer for a thorough assessment.
Review Internal Policies:
Familiarize yourself with the internal policies and procedures of Union Bank of India regarding suspension, disciplinary actions, and inquiries. Check if there are any specific provisions regarding the time limit for the completion of an inquiry.
Engage with Union/Association:
If you are a member of a union or employee association, reach out to them for support and guidance. They may have experience dealing with similar cases and can provide assistance or representation.
Follow-Up Correspondence:
Continue to communicate with the management in writing, expressing your concerns and seeking updates on the status of your case. Keep a record of all correspondence for future reference.
Request for Full Salary:
If you believe that the suspension has been unjustifiably prolonged, consider formally requesting the bank to reconsider and pay your full salary. Clearly outline the reasons you believe support the revocation of your suspension or the payment of full salary.
Court Proceedings:
Stay informed about the progress of the court case. If there are developments, inform your legal representative and management. Ensure that your legal representative is actively involved in the court proceedings.
Alternative Dispute Resolution (ADR):
Explore the possibility of alternative dispute resolution methods, such as mediation or arbitration, to expedite the resolution of your case.
Keep Records:
Maintain detailed records of all interactions, correspondence, and events related to your case. Document any instances where you believe your rights have been violated or procedures have not been followed.
Regards,
From India, Bangalore
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It appears you are in for a long haul, as the departmental inquiry is held up pending the finalization of the criminal case proceedings, and the time the criminal case will take for disposal is anybody's guess. It took nearly 1.5 years for the criminal complaint to be made. You have not mentioned the stage in the criminal trial. You should make efforts to expedite it and mention your dire situation before the judge.
Presently, you are receiving 50% of your wages as a subsistence allowance. Check the rules; in many organizations, there is a provision to increase the subsistence allowance to 75% after a fixed period of suspension (mostly after 6 months). According to Supreme Court directives as well as Government instructions, every case of suspension is to be reviewed every 6 months regarding the advisability of continuing the employee under suspension. Use RTI and apply for information on whether any such review was conducted in your case and the result thereof.
If there is no review done, then you have a case to invoke the writ jurisdiction of the concerned High Court.
From India, Mumbai
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Presently, you are receiving 50% of your wages as a subsistence allowance. Check the rules; in many organizations, there is a provision to increase the subsistence allowance to 75% after a fixed period of suspension (mostly after 6 months). According to Supreme Court directives as well as Government instructions, every case of suspension is to be reviewed every 6 months regarding the advisability of continuing the employee under suspension. Use RTI and apply for information on whether any such review was conducted in your case and the result thereof.
If there is no review done, then you have a case to invoke the writ jurisdiction of the concerned High Court.
From India, Mumbai
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(Fact Checked)-The user reply contains accurate information and provides relevant advice on how to proceed regarding the suspension and legal situation. Well done! (1 Acknowledge point)
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(Fact Checked)-The user's reply is accurate and provides valuable guidance on the steps to take in the situation described. (1 Acknowledge point)