Termination from bank
Guest
(Querist) 22 August 2012
This query is : Resolved
respeted sir,
i hav joined allahabad bank as agriculture field officer (A.F.O.) on 22 :06:2010in which my probation is for 2 years.on 20:11:2011 cbi registered a trap case against me u/s 7 & 13 of p.c.act 1988.subsequently i hav suspended . after released on bail on 24:02:2012.i hav written an application to my employer to allow me to join bank service.but they hav terminated me from bank service on 18:06:2012 saying in termination order that you are not fit for confirmation as your integrity & honesty is doubtful.and said that you hav unconditionally acepted terms and conditions of joining in your joining letter that you may be terminated at any time of your probation without assigning any reason. it is written in joining letter that you may be terminted from bank service without assigning any reason. i hav received termination order personally.i hav terminted without any departmental enquery, no showcause notice issued to me , no charge sheet,no any opprtunity of hearing of my point of view.only on basis of joining letter's condition i hav terminated.CBI case is still running in cbi court and no any conviction till now
now in this situation what should i do.is this this termination is valid as per law of natural justice?.what strenth my case hav if i decide to file a writ application in high court.please give me your valuable advice. pankaj
Sudhir Kumar, Advocate
(Expert) 22 August 2012
Nothing appears to be illegal. An employee suspended on charge of bribery doe snot have right to clear probation.
malipeddi jaggarao
(Expert) 22 August 2012
Departmental inquiry, opportunity to hear you etc., are all as per the principles of natural justice. In your case, you were under probation and CBI booked a case against you. In such circumstances, Bank is right in invoking the clause about your termination in its offer letter. Even if you file a writ petition in HC chances are bleak. However, there is nothing wrong in making an effort. Consult a good lawyer and proceed as you wish. But do not expect positive results in the said circumstances.
Guest
(Expert) 22 August 2012
You can prefer an appeal to the Appellate Authority as CDA Rules for the employees of the bank must be having a provision for such an appeal on the award of any penalty to the employees. You can give justification for your retention in service, if you are able to prove yourself as innocent in the case.
There will be no use of filing any case in the couurt of law against the management to seek revokatiion of termination. However, all depends upon your CBI case. If you are honourably acquitted of the crime by the CBI court, you would be able to claim for reinstatement in your service with the period up to the date of termination to be treated as duty. But that event can be far away, as any CBI case pertaining to corruption takes its oown time to be decided by the court.
So, for the time being, it would be better if you prefer an appeal to the appellate authority, provided you can justify your innocence in the case or can prove any irregularity in the process of termination of your service.
malipeddi jaggarao
(Expert) 23 August 2012
Mr.Dhingra saheb, the appeal will come into picture when the penalty order specify the appellate authority. In this case I suppose there is no such provision. Internal appeal especially when the employee is facing corruption charges in a CBI case and he is under probation at that time, will not get any positive results. However, there is no harm for making an attempt.
As nothing positive would come out in the present situation, the employee can write back to the disciplinary authority and the Bank that he holds constructive lien on his post and once he is acquitted by CBI he will exercise his right of lien for reinstatement. Basing on this representation, the employee can file a writ for reinstatement once he is acquitted by CBI. Till then no efforts will yield positive results.
Guest
(Expert) 23 August 2012
Mr Jaggarao,
CBI case in a court of law and the action of disciplinary authority in awarding the penalty of termination are two distinct cases.
At first, there is no court order that the employee be terminated when the court case is in progress.
Secondly, it was quite irregular on the part of the disciplinary authority to terminate the employee (may he be a probationer) by assuming his integrity & honesty to be doubtful before the verdict of the CBI Court. It is clearly a case of contempt of court as well as encroachment over the jurisdiction of the court of law that can influence the decision of the court, as the case was subjudice.
Thirdly, while corruption case in the court would take its own course, the employee has the right to appeal to the appellate authority against the penalty of his termination as issued by the disciplinary authority by pre-determining about his dishonesty and integrity to be doubtful. When the case was already in the court of law, the disciplinary does not enjoy any right to pre-decide the case before the verdict of the court. Of course, the disiplinary authority could keep the employee under continued suspended motion till the delivery of court judgment but could not have terminated him. The employee could be terminated only on the ground of unsatisfactory completion of probation, but not on the issues of dishonesty or integrity.
Fourthly, when the disiplinary authority has already isued any penalty order, he cannot review his own orders on writing anything to him by the employee. All his correspondence would be filed without any action unless addressed to the appellate authority.
Fifthly, there is no compulsion of the employee to remind or write to the disciplinary authority or the bank in that he would hold a constructive lien. Irrespective of whether he writes or not to the disciplinary authority or the bank, he has the right to get back his job when he is honourably equitted of the charge by the court of law. For that purpose, he would not need to file a writ petition unless the disciplinary authority refuses to reinstate him.
malipeddi jaggarao
(Expert) 23 August 2012
While I agree with major part of elaborative comments of Mr.Dhingra, my advice is based on the fact that the employee is not yet confirmed in the service and bank can exercise its right to terminate an employee who is under probation without assigning reasons.
Sudhir Kumar, Advocate
(Expert) 23 August 2012
The Disciplinary authority is justified in termination. The employee facing criminal charge of bribery (had he not been suspended) would not have earned integrity certificate in ACR and probation report.
Further while under suspension and facing criminal charges he is not entitled to Vigilance clearance and cannot clear probation.
Here the termination order is at the time of completion of probation and not immediately on arrest. So prima-facie he does not appear to have been terminated as a shortcut of disciplinary proceedings.
Such termination is not at all a contempt of court as there is no direction of any court prohibiting exercise of statutory provisions of the rules of probation.
Certainly he has a right to get the job back if honorably acquitted. The Disciplinary Authority has kept him on the suspension as long as his probation subsisted when he is unable to clear probation there is absolutely no option before Disciplinary Authority for to terminate him. However, if he was convicted before that date then dismissal could have followed.
Though he cannot file appeal on the merit of termination (unless he gets some other material under RT). He however, still can file appeal if the procedure is violated.
Guest
(Querist) 23 August 2012
thank you very much to all of you for your valuable advice,it is clear by date of termination order that my probation is not converted to my confirmation in bank.now can i challange this in court on basis of natural justice.?what is time limit to file writ petition in court?should i go for departmental appeal ?
Guest
(Expert) 23 August 2012
I have already expressed my views and stand by that. I wonder, if vigilance clearance is required for completion of probation period, as suggested by Shri Sudhir Kumar.
malipeddi jaggarao
(Expert) 24 August 2012
Mr.Pankaj, if your termination order indicates appeal, there is no wrong in making an appeal to the appellate authority wherein you can bring the fact that the CBI case is conclusive proof of misconduct as the case is still pending. This will help you only once are you acquitted of the charge. According to me there is no immediate remedy available to you till the case is finalized.
Sudhir Kumar, Advocate
(Expert) 24 August 2012
If you fee that proper procedure for consideration of probation is not followed then you may appeal at this stage on the procedure.
On merits you have no case as such.
In case they would have dismissed/terminated you immediately on being trapped then the termination could be termed as a short cut to disciplinary proceedings and would have been challangeable.
They could also have gone for paralell disciplinary proceedings but some deptts have a policy to wait till criminal trial.
But in this case the management did not resort to any other action except suspension (minimum) at that stage and when the matter came for statutory process of completion of probation, then the criminal case came in the way and you got terminated.
As far as challenge to termination is concerned, there is no procedure laid down to challenge the same but at the same time there is also no rule position which forbids an appeal for re-consideration. You can spend some stationary on the same but there is no hope are this stage.
Further you are out of job facing criminal charge and may be having limited resources which you should not waste on futile projects.
You positive hope can lie only if (i) you are acquitted; (ii) you are acquitted on merits of the case and not on technical grounds or benefit of doubt.
Guest
(Expert) 24 August 2012
Hope sustains life. If you have not done any wrong, sitting idle with pessimistic approach just to keep on wait and watch can be deemed as if you were actually involved in the offence and would have accepted your guilt readily.
malipeddi jaggarao
(Expert) 24 August 2012
Though it is little deviation from the basic query, I agree with Mr.Dhingra. You can not sit idle till the CBI case comes to final as it takes long time/many years. Getting a new job is also bleak. Hence you should build-up courage and take-up some income earning activites like entering into business, private job, consultation etc. If you are well enough, you can spend time in social service which gives you moral courage to face the situation.
Sudhir Kumar, Advocate
(Expert) 24 August 2012
Yes he should appeal and litigate May be judiciary may set a precedence which will help other persons being charged for being caught taking bribe in probatino period.
But you need money for defending criminal case also and live with the fact that the conviction rate of CBI trap cases is very high.
K.K.Ganguly
(Expert) 25 August 2012
What happens if he comes out clean in the CBI case? Can he claim damages from the Bank at that time for terminating him without any fault on his part just by taking undue advantage of the fact that he was in probationary period at the time of his termination?
Sudhir Kumar, Advocate
(Expert) 15 September 2012
If he comes clean he can at the most pray for reinstatemetn.
No damages can be claimed against bank who are acting as per correct procedure based on the facts available today. He will be lucky if (i) he is acuitted (ii) acquitted on merit on on technical/procedural grounds(iii) bank reinstates him.
Even if the bribery charge fails and he is reinstated he still carries the danger of depttl proceeding on mishandling (if any) on the case leading to the trap.
Guest
(Expert) 15 September 2012
Dear Shri Ganguly,
CBI case does not normally crop up on any initiative of the employer. Trap cases are made by CBI on complaint by some person from whom bribe is demanded. So, the question of damages from the bank does not arise at all.
Secondly, in CBI cases, a charged employee may get acquitted under benefit of doubt, but only in rarest of the rare case employee if trapped for demanding/taking bribe, gets honourably acquitted. In case the employee gets honourably acquitted by effective presentation of the case by his advocate, he can only get the concerned CBI officials punished from their own controlling authorities. Unless trap is proved as a matter of personal revenge, damages from CBI cannot be expected to be granted.
Sudhir Kumar, Advocate
(Expert) 15 September 2012
Mr Ganguly, it is wrong to assume that Bank has taken undue advantage of the situation. On the contrary the Bank was left with no choice.
K.K.Ganguly
(Expert) 15 September 2012
No. I am not assuming anything. On the contrary I feel that Mr.Pankaj has been terminated on some assumption only without he being questioned by the Bank or with out having anything proved against him so far (the trap case needs to be proved & till crime is proved any accusation against Mr.Pankaj is assumption only). I was with a very reputed PSU for a long time in managerial position & have closely witnessed total miscarriage/raping of justice committed by the powerful. That is why the question came to my mind:
"What happens if he comes out clean in the CBI case?"
Guest
(Expert) 15 September 2012
Dear Shri Ganguly,
CBI works on a systematic manner to trap the offender by engaging two independent witnesses taken from different departments to oversee/observe the whole trap proceedings in the presence of the complainant, besides its own team, who is meant for observing necessary formalities of search, siezure and preparation of panchnama, etc.
Sudhir Kumar, Advocate
(Expert) 16 September 2012
Mr Ganguly has asked
"What happens if he comes out clean in the CBI case?"
The question is based on "if"
simple if the acquittal is based on merit and not on procedural ground then Bank can considerer reinstatement. Bank will still be on liberty to initiate disciplinary proceedings if any other misconduct is there.
Mr Ganguly is also wrong to presume that termination is bad as being without questioning him. No questioning is required for termination of a probationer who is under suspension and who and accused of bribery. Given facts do not hint anything else.
If Mr Ganguly believes that he should have been continued in service (without clearing probation) the under what capacity. He should be aware as to how long the trials at times continue.
It appears Mr Pankaj seem to have enlightened and is not arguing further.
