Bank dismissal
Dipti
(Querist) 08 November 2016
This query is : Resolved
I want to know about that my husband is suspended from 2014 .in December 2015 a fir is lodged by bank but police has not submitted chargesheet till now is bank has right to dismiss him or not .he is working in corporation bank since 2008 .presently he is in jail he surrendered himself on 3 November 2016 . Kindly give me correct suggestions for doning now .and also tell me that whether bank has right to dismiss him or not prior to submission of chargesheet by police crimebranch
Dipti
(Querist) 08 November 2016
Kindly advice me its urgent
Dipti
(Querist) 08 November 2016
Advice me for taking further step
Kumar Doab
(Expert) 08 November 2016
The bank is expected to act in accordance with its service/conduct and discipline rules applicable to the position of employee.
The Board can grant dismissal as per internal rules.
CORPORATION BANK EMPLOYEES' UNION must have been contacted by you and they might have advised you.
You may ASAP approach a very able counsel specializing in service matters with all documents on record, and share full details for a considered opinion.
The employee has surrendered and your counsel can defend him for acquittal.
Rajendra K Goyal
(Expert) 08 November 2016
Bank can conduct independent disciplinary proceedings and can dismiss apart from criminal case proceedings.
Contact some senior lawyer and proceed for bail, may have to approach High Court.
Guest
(Expert) 08 November 2016
Bank cannot dismiss your husband until the charge is proved in the court of law. However, the bank can also conduct independent departmental inquiry as per the conduct & discipline rules of the bank, but not on the same charge, as the charge sheet of the police may spell out.
But, if your husband is exonerated of the charge by the court, the bank would be obliged to reinstate him in service by treating suspension period as period on duty also.
So, once the charge sheet is filed by the police, get his case represented very effectively by some knowledgeable service laws expert lawyer in the court to get him acquitted of the charge.
Sudhir Kumar, Advocate
(Expert) 09 November 2016
"whether bank has right to dismiss him or not prior to submission of chargesheet by police crime branch"
CERTAINLY YES.
R.K Nanda
(Expert) 09 November 2016
Nothing to add more.
Kumar Doab
(Expert) 09 November 2016
Bank has already suspended and shall frame charges as per matter on its records.
You may ASAP approach a very able counsel specializing in service matters with all documents on record, and share full details for a considered opinion.
Rajendra K Goyal
(Expert) 09 November 2016
Agree defend yourself in the departmental inquiry through some experienced defense counsel.
Kumar Doab
(Expert) 09 November 2016
The suspended employee has surrendered and is in jail.
Approach a very able counsel and arrange for bail and to get him out of jail.
Rajendra K Goyal
(Expert) 09 November 2016
Agree if in jail, priority is for bail.
H.M.Patnaik
(Expert) 09 November 2016
Nothing more to add.
P. Venu
(Expert) 09 November 2016
Dismissal requires that due procedure to be followed. This could be on the basis of conviction by the criminal court or after due inquiry by the Bank, independent of the criminal proceedings.
kavksatyanarayana
(Expert) 09 November 2016
Agreed with the advise of the expert Mr.Sudhir Kumar sir.
Sudhir Kumar, Advocate
(Expert) 10 November 2016
Agreeing with Mr Venu, I would add that if the bank waits for the conviction then the procedure for dismissal is not elaborate.
The Bank will have to follow the entire procedure of inquiry if initiating DP within trial or considering DP after acquittal.
The acquittal is also no sure immunity against DP.
Kumar Doab
(Expert) 10 November 2016
The charges are not shared in the thread.
The author now needs to approach a very able counsel to secure bail and get acquitted from criminal charges ans defend in deptt. proceedings.
Guest
(Expert) 10 November 2016
Departmental proceedings cannot be defended through a practising lawyer unless department assigns the prosecution case to be presented though a lawyer..
Rajendra K Goyal
(Expert) 10 November 2016
Agree with the advice from expert P. S. DHINGRA.
Kumar Doab
(Expert) 10 November 2016
Your own counsel specializing in service matters and even employee's union may guide you to a competent Defense Assistant.
Keep your own counsel specializing in service matters for back up support.
Your own counsel can advise you from time to time.
It is complicated matter hence choose best counsel/law firm to defend your husband.
