Deposit of bond amount without any bond

If you have not signed any bond pledging to pay Rs.5 Lack you should have raised your protest in writing under acknowledgment and demanded copy of the bond. You should have moved RTI application, demanding copy of the bond, and thus should have defeated the contentions of the company that you are under obligation of the bond.

 

You should have reported the matter to Governor RBI, ministry of finance/labor and opened multiple fronts than making the payment, and should have killed careers of the offenders than sacrificing yourself.

You could have registered your protest thru your union.

You should have approached some experienced and competent lawyer/law firm, and issued legal notice to the bank demanding copy of the bond.

Has the bank demanded the payment citing some clause from bond, in writing?

Have you demanded the copy of the bond in writing?

Have you protested in writing and mentioned that you have not signed any bond and you are depositing the payment under protest?

Has the bank issued receipt mentioned the payment is received against bond?

It shall be appropriate to show all docs, record to an experienced and competent service lawyer. Apparently you seem to have enough reasons to proceed against the bank. You may issue a carefully structured communication narrating all incidences and mentioning your current address and demand copy of the bond, FNF statement etc at your current address.

 

I did raise protest in writing under acknowledgment and demanded copy of the bond and did move RTI application, demanding copy of the bond, but to no avail and 2 RTI requests are under CIC considerations in Second appeal as the BANK has preferred to stick to delaying tactics. After resignation in feb’11, I have constantly been trying to take recourse from everybody, including GM & CMD of the BANK but they have now stopped to respond even. If 2-3 times, they have responded, its only when I wrote to Finance Ministry, DoPT, Deptt. Of public grievances etc. but that have been only routine erroneous response made so casually that now it seems they are not govt. officials at all. At times, in return, they have tried to continue with their threatening skills like efforts to malign my image in the new job. Even Union people have not been supportive to an outgoing official at all. The only fault is that I could not approach some experienced and competent lawyer/law firm as I was running short of deadline of joining new job and was not in a position to get back my resignation from BANK, as I had not anticipated this raw treatment from BANK where I served for 7 years. Yes, BANK has demanded the payment citing the bond, in writing. I did demand the copy of the bond in writing but BANK has been avoiding by hook or crook even when demanded through RTI. Yes, I kept requesting them to not insist for deposit of Rs 5 Lac as there was not any such BOND, and even BANK had accepted my resignation letter with clause that there was not any BOND as on date, with seal. And ultimately when BANK did not relent, given the fear of not being able to join new job by given time, I ultimately deposited the payment under protest. Yes, BANK has issued receipt mentioned the payment is received against bond but finally issued a letter after deposit that there is no provision of depost of BOND amount UNDER PROTEST. The summarized matter of the fact is that BANK had selected a few experienced employees to impart specialized training but a few officers, who were responsible for arranging such training, despite instructions, kept avoiding and did not organize the training because of their biases, that could have cost some amount to BANK. By that time, my outside employment came and I tendered my resignation which the senior manager(establishment ) accepted with her seal as she knew from records that there was no such BOND. Now, the officers feared that BANK will not leave them, as they on their own had defied the orders of arranging training and execute a BOND as per guidelines, they kept forwarding my resignation letter to competent authority with insistence of recovery of BOND though my resignation letter had the facts to the contrary, while at the same time they kept threatening me and exerting pressures resorting to all sort of tactics as stated already, just with the notion that if they recover the amount, they will not immediately face the music. They, going by my simple nature, thought that I would not be taking legal recourse, and if I took, that will take long years and by that time they will retire from the job. I know that I have sufficient documentary evidence and now I wish to not only get my dues back but at the same time, some hefty penalty on erring and lying officers be imposed and be paid to me as compensation. Though summarized version, but still I think, this will serve the purpose for further guidance. Regards.

The details posted by you are perturbing. As per your post, bank is on weak foot and you have apparently a good case.

You may submit a notice from your current address and narrate the incidences in its chronological order.

A criminal complaint shall be rewarding.

Approach an experienced and competent lawyer/law firm with all the records, and documents, and sue the bank and erring officials whosoever, whichsoever it may be, in their individual and professional capacity. You may put in some effort and obtain the current and permanent residential addresses of the officials, who have recommended to extract bond amount although there was no bond, and CMD, MD etc, and supply these to court of law  and ensure that the summons are dispatched to their personal addresses also even you have to send the registered post (you should deposit the receipt of regd. post to court) and then you may relax at your home and let them run to the court and attend hearings at their personal expenses and leaves. Find a lawyer who shall take up your case for your cause. Once an intelligent lawyer takes up your cause (than being a mere case) and takes you under his/her wings you should feel that you have already won. Then you have merit in your case.

Continue to peruse with CIC. Your lawyer can structure your drafts for CIC also. You may approach RTI activists and NGO’s in your town/internet.

Do you have witness, written record that the bank attempted to malign your image with your employer i.e. your current source of livelihood. Be smart. Build up evidence.

Your lawyer may advice you to approach o/o wages inspector.

Their act is unpardonable. You should maintain your resolve, fight for your rights and dignity, and bring the matter to its logical conclusion.

 

Valuable opinion of learned experts, members is sought.

after going through entire discussion, I am of the view that this is the fittest case to be raised by way of a writ. Bank is not above the legal system of country and those bank officials are not permitted to run the issue arbitrarily. Toy should immediately approach High Court leaving aside all remedies when none is caring for you from the side of bank.

Thanks sir, but could you enlighten me on following before proceeding further,

1. Should i, being a government official, pursue the case in my own name or through my wife who is not working?
2. can i sue the BANK for Dues only or to teach them a lesson, i shouls claim for damages/ compensation as well?
3.  How much will this cost as this act of BANK has left me financial devastated?
4. Is there some law of limitation as i depositted the amount in Feb'11 UNDER PROTEST and have continously been taking up the matter with BANK?
5. Can i sue the BANK from Bhopal or delhi only?

Regards

Learned Mr. Makkad has given valuable advice and has mentioned that yours is the fittest case to be raised by way of a writ.

The money has been extorted from you in an illegal manner. You should file your case and include whatever you wish in consultation with your lawyer.

Kindly approach a competent and experienced lawyer. Once your lawyer takes up your cause (than being a mere case) you can feel that you have won.

You may submit an aptly drafted communication (by your lawyer) from your current address to the bank and use your resources to get a reply at your address.

Initiate your action, as ap.

You may have to go very systematically, not without having solid proof and preparing proper background with you. That may help you not only to get back your own money and other dues, but also may probably be able to claim damages from the bank/ concerned authority.

So, instead of hitting in the dark, first of all you may ask for supply of a copy of your signed bond from the bank, including the authority, who compelled you to deposit the bond amount. It may be possible they wopuld have got some document signed from you, but you may not be remembering. If the bank is not having any bond the authorities would definitely try to take shelter to evasive replies.

Taking legal recourse has been delayed only because of BANK's delaying tactics in providing me with a copy of the said signed documents through letters/ RTI but BANK has only falsely stated the existence of such documents but has not supplied the copy stating that this is out of purview of RTI, surprisingly. The RTI matter is already pending (Under Admitted/ Under scruitiny process) with CIC in second appeal. The fact is that BANK had accepted my resignation letter dated 15/12/2011 with the clause that there was not any service BOND against me as on date. Its only because of my sheer confidence in official heirarchy that i thought that once after releiving, i would be seeking relief from CMD of BANK and he, being the supreme authority, will enquire and settle the claims; but response so far by BANK has been very demoralizing and i, now dont have any faith left in them.

Sir, If you go through all the documents that i have prepared in the course of time, you shall be amazed and sympathize with me as to why i did not take legal recourse so far. What i really need at this point is a helping hand to be extended, who could take my case considering all my constraints such as financial, official etc. as i have already explained.

Regards.

please read 15/12/2010 instead of 15/12/2011

Learned Senior Mr. Makkad has given the right advice, reflecting my thoughts. It is important to engage an expert lawyer to address the issue effectively and get a remedy.  This could also set a good precedent to PSUs - Many identical issues have been raised in this forum. Vasudevan

I have gone trough word by word here.I realise it to be a great injustice caused to you by your employers. 

Like Mr.Makkad, i also opine it to be a case of writ if the bank is a Nationalized one.A suit does lie no doubt butthat would be a very very long course to go and may prove tiring and frustrative in length of time and cost,as you shall have to cough out court fees also while you are already squizzed out of money.

Limitation is three years from the date of wrongful realization but in case of right to be enforced through writ,the early the best.Since writ is an equitable remedy and delay defeats equity is the rule.

I advise you to keep in touch of a writ lawyer but I think jurisdiction is only in Delhi where you were employed andmoney was wrongly realized from you in the name of so called bond which you state does not exist.

It is felt that similar query was posted by you at another link:

https://www.lawyersclubindia.com/experts/Harrassment-by-public-sector-bank-at-resignation-259091.asp

Harrassment by public sector bank at resignation

Learned experts/members have unanimously concluded that you have a good case and also a good cause and you must rise and fight it to its logical conclusion. Courts are not dumb. The offender shall get punished.

Kindly do not give up and keep on chasing the bank and its offender officials in their individual capacity to get certified copy of the bond quoting which they have extorted your hard earned monies from you. Tame them and shame them.

The details posted by you affirm that an innocent/ simple/ ill informed employee is most susceptible to get victimized. The employee in today’s environment (for that matter one and all) must have access to a legally trained mind/lawyer/law firm and retaining a good counsel for legal advice is economical in the long run.

Consult those including elders/competent and experienced well wishers before taking any decision in haste. It is better than repenting and suffering later.

Kindly put your record in the notice of a competent and experienced writ/service lawyer, and proceed under expert advice.