Illlegal termination from services of bank
Ashish
(Querist) 24 August 2012
This query is : Resolved
In May’10 I had joined a growing private sector bank & after serving with a crystal clear service track record of 24 months, got better opportunity in terms of compensation and base location in April’12.
I discuss for separation with my senior upon whom he tried to match my new offer and retain me. However, with all due respects for the office and officials, I after thoughtful reconsideration resigned. As a matter of practice and in implicit permission and knowledge of my bosses, I and also various other officials usually transfer data from official ID to personal ID (even my seniors had send mails containing like data on my personal ID and vice-versa) with a view to expedite work in off hours at residence. When I was in Bank, i.e. before resigning I was appraised by my seniors for my sincerity to do work at home but after tendering resignation Bank raised questions for this activity for a particular day which is after my resignation date, though the same was done with a view to expedite the commitments given to customers on behalf of Bank, out of which some has been sanctioned and disbursed by Bank through me(plz note my role is restricted to only submission of proposal and no sanctioning power vest with me), even than Bank has alleged me for violation of IT rules and terminated my services on the ground of gross miss-conduct/ loosing trust.
Would like to mention that after my resignation, I received calls from HR and other senior officials for the above activity and on their threat/pressure for a smooth relieving I had send them two letters for the “activity to be done inadvertently” and “feeling apology” for the same. However same has been framed against me as my acceptance for the charges in termination letter issued by the Bank. Plz note Bank had not issued me any show cause notice / warning letter / letter for giving explanation.
I had take up this matter with senior most officials and on his assurance for arranging relieving I again send them an apology letter but the took it otherwise. I again approached him and taped the conversations stating that he will arrange relieving within 2-3 days.
.However for last two months there is only assurance. Plz also advice if records of these verbal assurances can be of any use to get justice.
I request your advice for
- can Bank terminate services of employee having served for almost 24 months on charges as above without any notice / letter and that too after submission of resignation and thereby according approval therefor.
- what can be the immediate remedy in the case since because of this unjust act of Bank, I am left unemployed and where this remedy can be get from.
Sudhir Kumar, Advocate
(Expert) 25 August 2012
what were the terms of service / standing orders etc.
what was the nature of data transfereed to personal acocunt.
Guest
(Expert) 25 August 2012
Depends upon your service conditions, IT rules, confidentiality of data, if communicated by you to the outsiders, written contents of the question raised by the bank, your written reply to the bank, and the contents of your termination lettr. All these needs to be specified by you to be undeerstood first by the experts to analyse your case, as you have just given a general, but unspecific picture of the case, as might have understood by you.
As regards your queries --
1) submission of resignation does not warrant immunity from any discipplinary action for any offence committed by the employee any time during service.
2) Imediate remedy lies in appeal to the specified appellate authority as per the Conduct & Discipline Rules for the employees of the bank.
Sudhir Kumar, Advocate
(Expert) 25 August 2012
SInce this is a private bank there may be nothing in the nomenclature of Conduct & Discipline Rules but some document of such nature either Standing order or whatever name it used may be there whihc lays down terms of conditions and standard of discipline.
RAJU O.F.,
(Expert) 27 August 2012
You have to approach a lawyer practicing Labour Law matters and apprearing for the employees. The employees association/union in your bank also can help you in this matter. Normally a staff member must be served with a show cause notice, then charge sheet, domestic enquiry and decision of the authority.
malipeddi jaggarao
(Expert) 29 August 2012
I agree with expert Mr.Dhingra. You have not revealed full facts. Whether the data transfer is among staff only or you have transferred any date to outsiders also? If data transfer is intra-bank, whether you have received any such data from any other colleagues? Every organisation will have a document about maintaining secrecy in banking operations in general and IT related matters in particulars and they get the signature of the employee periodically. If your acts are against such signed document, the bank is right in terminating your services. Conversation tapping etc., will not help you much if tested in court of law.
Mr.Raju, the show cause notice, charge sheet and domestic inquiry procedures are applicable only for public sector. In the case of queryist he is working in a private bank, hence according to me, these are not applicable.
If Mr.Ashish feels that he has not violated any standard rules/norms while sharing the data etc., he should fight for clean relieving letter by serving a lawyer notice initially and later seeking legal remedy. Unless the contents of charges quoted in the termination letter is reproduced verbatum, any advice is without the knowledge of full facts, which will not help Mr.Ashish.
Sudhir Kumar, Advocate
(Expert) 29 August 2012
Chargehseet andinquiry procedure may be mandatory for private bank as qell.
But as observed by Mr Jaggaroa full facts are not coming
