Urgent info-dismissal from service
@@@Zupr!y@
(Querist) 28 December 2011
This query is : Resolved
Dear All,
My father is a bank officer in Gramin Bank,working from past 27 years.
Long back two widows(customers) logged a complain against my father that my father took their money personally(outside bank) and promised to return them back in few days but didnt return back.they said so because they were not able to pay the debts which they had taken from the bank.
My father is very innocent in this case.
An enquiry was being conducted for this but the authority somehow proved my father as culprit and said that it was all your pre plan inspite of having each and every documents fairly correct without an inch of fault.
For this case recently he got a letter from his chairman of post dismissal from service and yesterday he got the letter of "dismissal" for the same act. the case will now go in Boards but there again the final decision is to be taken by Chairman and Chairman is not at all in favour of my father.
i know my father is very innocent in this regard but i am confused what action should be taken by him so as to save his job now.
Please help me and my father.!!!
Sri Vijayan.A
(Expert) 28 December 2011
Your father has to appeal to the appealate authority.
In his appeal, he has to list out the grounds of appeal and what the defects done by the disciplinary authority.
Please furnish full details or contact a local lawyer in person
prabhakar singh
(Expert) 28 December 2011
CHECK THE SERVICE RULE OF THE BANK FRAMED IN THIS REGARD IN CASE NO APPEAL PROVIDED YOU SHALL HAVE TO GO FOR A WRIT.
R.Ranganathan
(Expert) 28 December 2011
You have stated that it is a Gramin Bank. You approach a lawyer from the area concerned to know about the rules of the said Bank and then act accordingly. Writ is always there but it will be only a last resort but not an alternative resort. You have to exhaust all other remedies before approaching the courts by way of writ.
Sudhir Kumar, Advocate
(Expert) 28 December 2011
I agree with Mr Prabhkar Singh and add that may not need a writ. You may have to go for labour court.
prabhakar singh
(Expert) 28 December 2011
But his father holds officer's office in the bank he stated? Mr.Sudhir!!!Stil labor Court??
@@@Zupr!y@
(Querist) 28 December 2011
@ Sri Vijayan.A Sir-thanks a lot for showing concern.well i will try to furnish more details asap.
@prabhakar singh Sir -Highly thankful and grateful for your valuable reply and concern.
@ranganathan Sir- thanx for your reply can u please let me know some other alternatives before approaching the court by way of writ.
@Sudhir Kumar Sir-thanx for showing concern
mahendrakumar
(Expert) 29 December 2011
he being an officer in the bank,labour court has no role.
the bank would have taken such a drastic steps after all procedures like show cause notice,reply,evidence etc.
any biased decision,without considering the merit will not stand.
before proceeding legal remedies,initially exhaust all other internal remedies like appeal to higher authorities,with proper grounds.
help of an advocate is a must,as the stake is very high.
Advocate. Arunagiri
(Expert) 29 December 2011
You can file a WRIT in the high court, challenging the dismissal order.
If you can post me the chronological events in XL format, I can give a final opinion.
Guest
(Expert) 29 December 2011
Before dismissal is ratified by the chairman, better, take a stay order from the competent court of law and send other details to Shri Arunagiri, as asked through his last post.
Deepak Nair
(Expert) 29 December 2011
Experts have rightly advised.
Please follow the advise from Mr.Arunagiri for deetailed guidance.
Anyways, i fell that appointing a lwayer is necessary in your father's case.
@@@Zupr!y@
(Querist) 29 December 2011
@mahendrakumar Sir :i dont much about the bank procedures but what i suppose Chairman is the higher most official in bank.Board is there but the board process again takes 6 months time and overall BOARD's final decision is taken by Chairman.
So can u please guide me for some other remedies.
@@@Zupr!y@
(Querist) 29 December 2011
@Advocate.Arunagiri Sir -thanks a lot for showing concern.
still the decision of Board is pending so can Filing a writ in high court be done at this level..??
n Sir i would be really grateful if u can share your emailid so that i may send u chronological events.
@mahendrakumar Sir:thanx a lot for replyin n showing concern
@
@@@Zupr!y@
(Querist) 29 December 2011
@PS Dhingra Sir :first of all heartiest thanx for reply.
Sir the dismissal is already retified by the chairman .only the decision from Board is left from the bank's side and that too is to be taken by chairman.So in that case is the stay order meaningful..??
@@@Zupr!y@
(Querist) 29 December 2011
@Deepak Nair Sir :thanx a lot for showin concern .well sir my father will very soon approach to the court.
@All: what are the chances of getting a fair judgement from the high court?if in case all the bank documents related to this are correct widout a single fault.m really tensed as its a matter a self respect of my father.
Deepak Nair
(Expert) 29 December 2011
The outcome of a case depends on the evidences produced before the court. If your father can disprove the evidences produced against him, then there is a chance to win the case.
@@@Zupr!y@
(Querist) 29 December 2011
@Deepak Nair Sir:ya that it an obvious thing but m just askin wtz da possibilty of getting a fair decision i mean u might hv come across such cases so how many of them get a decision in favour..????
Advocate. Arunagiri
(Expert) 29 December 2011
Once your father received the dismissal order, you can approach the High court.
Even if the Chairman is having the authority to decide finaly, you need not wait for the result, untill and unless you have sent a request to the chairman.
mahendrakumar
(Expert) 30 December 2011
it is a public sector undertaking and they normally before taking such harsh decisions,do consult their legal depts too.
so collect all evidences in support of your father,for fighting the in justice you feel.
just because of a suspicion,such punishments will not be upheld by a court of law.
go ahead .wishing you success
@@@Zupr!y@
(Querist) 30 December 2011
@:Advocate. Arunagiri :My father has already received the "order of dismissal"
only the decision of Board of directors is left.
and Sir in your statement u hv mentioned sending a request to chairman.
in this respect i didnt get u.what did u mean by this..can u plz eleborate.
RAJU O.F.,
(Expert) 30 December 2011
Presume that the action of bank taken without having a domestic enquiry. File a petition before the disciplinary authority of that bank. If you did not get justice, file writ, as Grameen Bank would be a sponsored bank of one Nationalised bank. Better consult a lawyer handling labour matters.
@@@Zupr!y@
(Querist) 30 December 2011
@mahendrakumar Sir :
ya in bank everyone know that my father is innocent as his all documents are upto the mark and flawless but as according to audit/inspection team and chairman it was all my father's PRE PLAN :( that is why he kept all documents correct.
they were also not able to submit anythng against my father ,they just simply mentioned found as defaulter and not even once those 2 ladies ever came during time of audit physically they just used to convey their message through someone. still my father was proved guilty without a single proof :(
this type of injustice is happening in govt. job m really very much tensed for my father.my father dedicated his 27 yrs dere & when only few years were left for his service this unfortunate thing happened.
thinkin about my father's situation makes me feel even more worse.MY father doesnt not have anythng except his correct documents to prove himself correct.
Well Sir thanx for your wishes.I just hope my father will get justice. :(
@@@Zupr!y@
(Querist) 30 December 2011
@RAJU O.F. Sir: Thanx a ton for showin concern.
