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ss   02 March 2018

Dismissal from psu bank

Dear All,

I was employed as an officer-scale III by a major PSU bank and had served more exactly 5 year 9 months to the organization. In the month of june 2017 i was transferred to my hometown as a general transfer. But the ugly part came and i was never relieved by the department. I continuosly kept requesting the authorities (orally) and other union members but was never heard. They kept telling out of exigency we cant relieve you. But then some other people who were on the list and in the same department were releived without much hassle almost instantly. I kept waiting and requesting to higher authorities, one day when finally i was orally informed that i will not be transferred, it completely broke me mentally and made me depress. I also made an appeal that my mother who is 75 years of age and my old father. i am single with 36 year age.  

I developed a fear for the work place, and couldnt go to work without informing for the next two months. 

Then finally i moved to my home town in the third month. After a gap of 90 days i realised i have commited mistake and violated the leave rules, on the 110th day i sent an email to the immediate reporting authorities about my absence from duty. I sent email about physical health in bad condition with medical prescriptttions from the doctor. (i never wanted to be dismissed/or expelled), and the mental trauma and physical stress i had been suffering at the work place. 

Then after some days i received a letter from the bank stating to join or report to head quarter immediately. 

I did not replied the letter. And stayed at my home town. 

Then i was issued a charge sheet with violation of leave rules from the bank. 

I was scared and immediaetly with a neighbour lawyer uncle drafted an apology letter along with medical certificates for the last three months and sent to my head quarter. 

But i got another letter for initiation of enquiry against me. 

I was called on a particular date at the head quarters, but i again sent email stating my bad health and unable to join the services on immediate grounds. 

one day i recevied a letter stating to be present for a meeting at head quarters, but i received this letter on the same day, i couldnt reply to the letter. 

Next time i received a letter from superior authority that my absence is un-justified and i shall reply with in 7 days of receipt of the letter and prove any innocence or excuse. 

I drafter a letter within next three days and sent to the head quarter with an appeal to issue me the relieving order order based on transfer order. and requested the management to give me one more chance before taking and harsh action.

but lately on 20th feb is received a letter stating "dismissal from service which shall ordinarily disqualify for future employment" further they also debarred me from and benefits for the period of absence and afterwards. 

I have a total experience of 5 year 9 months in the organization . 

now i have realized i have done a vast mistake by loosing a government job. and completely disgraced out of my own childish action.

1.  Is ther by any means to recitfy my mistake.

2.  Is there any chance/option i can ask the authorities to revoke the dismissal order/ or ask them to provide the regular benefits. 

3.  Even if they do not accept revocation of the order, can i get a service certificate. 

4. and finally does this order disqualify me from all the government sector opportunities or only punishing organization. 

 

Please help me i am really disappointed and in grief. 

I suffer from Arhritis, Asthama and hypo-thyroid condition. Working for so long in a government organization has its own effect on me psychologically. I am attached to the work place emotionally and the act of mine was done in a completely emotional stride.



Learning

 8 Replies

Siddharth Srivastava (Advocate)     02 March 2018

You yourself has made mess. Consult a lawyer with details as details are required to be examined to suggest any remedy. 

Sudhir Kumar, Advocate (Advocate)     03 March 2018

You hve already consulted a lawyer "uncel" with zero knowledge of service rules who benvolently misguided you.

 

given facts indicate that :-

 

  1. You absented from duty without leave caring too hoots for the job and respopnsibility.
  2.  Bank was lenient enoughthat it allowed you to join or report to head office.
  3. You decided to be decourtesous and adamant.
  4. You got a chargesheet.
  5. You did nto consult any knwoledgeable persona dn just contacted immeidatley available lawyer (for free)
  6. The said lawyer had no knowlee of service rules.
  7. The said lawyer was not professionally ethical and did not refer you to a lawyer well versed in service rules.
  8. The said lawyer made you to send apology (basically admission).
  9. It is not clear how relevant was it to state medical condition while apologisit.
  10. You did not attent inquiry.
  11. Bank dismissed you.

There is apparently (atleast appearing from given facts without seeing documents) no ffault on part of management.

Only pn perusal of a documents by someexpert with knowlege of service matter it could be decided:-

  1. whether there is any flaw in procedure followed by bank.
  2. whether the decision can be challnaged.
  3. whether the punishement with within appeallable time period as per Bank's CDA Rules.

 

You can submit revision petition (iof appeal time barred) before bank and seek mercy of lesser punishment. 

 

Zaheer Basha   03 March 2018

what about the dues from your side to the bank ? whether u paid or not ?

ss   03 March 2018

What i have lost in the act of absonding from the workplace

 "Dismissal from the services which shall ordinarily be a disqualification for future employment"

1. All the gratuity.

2. Service / Work Experience certificate.

3. Dignified exit from the organization. 

4. Have a car loan worth 5 lac to be repaid. 

5. I have only 3 lac in my savings. 

5. Currently under staff vehicle loan.

6. Rented Apartment dues.

7. debt ...debt..more debt

etc. etc...completely out of my mind now. cant resonate with anything more..

 

Sudhir Kumar, Advocate (Advocate)     03 March 2018

Only pn perusal of a documents by someexpert with knowlege of service matter it could be decided:- whether there is any flaw in procedure followed by bank. whether the decision can be challnaged. whether the punishement with within appeallable time period as per Bank's CDA Rules. You can submit revision petition (iof appeal time barred) before bank and seek mercy of lesser punishment.
 

ss   09 March 2018

finally i have met with every higher official in the bank, including the union. but now it is not possible to revoke the order as the HRD HOD has told me. futher they have asked me a written request which i immediately provided them. 

 

Now there is no further communication from the higher officials. i live in  a different city other than where i was posted. 

 

Bank is not providing me any exit benefits, i.e Grautuity or also certificate mentioning dismissal....

i have requested and oppologised through the letter and personally in front of the head. but there is no scope now they have told. 

what now shall i do. i mean i am in  a hung state, nowhere other than this organization i can go. mercy petition is filed as a letter to the gm but she has told i can not go out of the way...what is the scope....now...i am worried

 

Sudhir Kumar, Advocate (Advocate)     09 March 2018

you are wasting time and stationary.

Manjunath Swamy MA (SGT)     13 March 2018

Dear SS,

From all of your communication, it sounds as if you had less will to cope up with a professionalism which seeks greater managerial skills. And, unfortunately, you haven't cleared the professional test although you got into the fray anyhow. Reaching the pinnacle is not important, but to stay there and prove that you are not there by LUCK, is important. 

With the part of legal / logical advise, the whole of your conversation didn't make me feel that you were ethically right when the organisation was lenient towards you although you had ample opportunities. The complete details of the case with documentation may be required for further advise, logically. 

God bless.

 


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