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Appeal for rejoin in ba nking sector

(Querist) 19 January 2016 This query is : Resolved 
dear sir,

in my past i worked at oriental bank of commerce. and am presently dismissed employee under sec 408/409.
and presently i have to appeall for how can i do that please help me.

and tell me once in above mentioned section any chance to getting my job back.
Devajyoti Barman (Expert) 19 January 2016
The order of dismissal can be assailed in a proceeding before CAT.
8951097967 (Querist) 19 January 2016
Sir my kind request what is CAT
Guest (Expert) 19 January 2016
What is the status of the case under sec 408/409. If already decided, what is the exact order of the court in the case for you.
Devajyoti Barman (Expert) 20 January 2016
Central Administrative Tribunal.
Your case here will be for reinstatement in service.
As far a criminal case of embezzlement of fund is concerned ti will not go on and you have to face trial.
Anirudh (Expert) 20 January 2016
Banks do not come under the jurisdiction of Central Administrative Tribunal.
8951097967 (Querist) 20 January 2016
Already court witnesses like manager and officials presented in the court. In my side lawyer cross questioning also over in that. Next customer's witness presentation is there.
Guest (Expert) 20 January 2016
Mr. 8951097967,

From the description through your latest post it reveals that either you don't have any such problem in reality, or you have not narrated the full facts with background of your dismissal.

At first, it is hard to believe that the employer has dismissed you even during trial of criminal case against you without waiting for the verdict of the court.

Secondly, contrary to your description of the case, you have stated nothing about any departmental inquiry by the bank before your dismissal.

Thirdly when you have already hired a lawyer to fight your case and he has already cross-examined the bank officials, you have stated nothing about the opinion or advice of your own lawyer on your query about appeal for rejoining in the banking sector.

So, from all the angles, your query seems to be just an hypothetical story. However, if there is slight fact in your narration, better show your case related papers, including your dismissal order, to some service law expert to analyse your case properly and advise you appropriately.

Otherwise, hypothetical story don't call for any reply, suggestion or advice.
Rajendra K Goyal (Expert) 20 January 2016
please mention:

Whether departmental inquiry has completed, what was the findings and orders or DA, whether any appeal filed against orders of disciplinary authority and what was the orders of appellate authority?

Whether court case has concluded / order passed?

Discuss with local service law consultant.
Kumar Doab (Expert) 20 January 2016
You may reply to the points raised by experts.


If you feel that you need to obtain second opinion during Inquiry, court case, you must certainly consult an able counsel specializing in service matters with copies of all docs on record.

K.S.Srinivas (Expert) 29 January 2016
File appeal in the High Court.


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