Illegally filing a criminal case against an employee
Querist :
Anonymous
(Querist) 05 November 2019
This query is : Resolved
An honest employee of a nationalised bank was illegally implicated in a criminal case by the management , in violation of bank's guidelines, CVC guidelines and Supreme Court guidelines, who was finally acquitted after a long trial in the case.
After acquittal he submitted his request for reimbursement of expenses incurred to defend the case and retrospective promotions,with payment of arrears but the bank refused to reimburse on the ground that there is no policy for such reimbursement and did not reply for his retrospective promotion request and arrears.
If the employee files a writ in the high court,
1. does he need to mention the exact amount of claims of arrears for retrospective promotion or without mentioning the amount will be accepted by the court
2. Does it require payment of court fee for the reimbursement of expenses, arrears of retrospective promotions and compensation (if claimed) for harassment by management by illegally implicating him in a criminal case. If so, what would be the court fee.
Sudhir Kumar, Advocate 
(Expert) 05 November 2019
Banks generally follow govt guidfelines which allow reibursement of such expenses
Facts given by you (unless contrary facts not shown) that bank has decided no disciplinary action against the employee. PLEASE STATE SO CLEARLY IF BANK IS PROCEEDING IN THAT DIRECTION.
Sudhir Kumar, Advocate
(Expert) 05 November 2019
1. does he need to mention the exact amount of claims of arrears for retrospective promotion or without mentioning the amount will be accepted by the court
NO WHEN PROMOTION IS AFFECTED THEN PAY FIXED RETROSPECTIVELY AND DUE/DRAWN STATEMENT IS THEN MADE. HE NEED NOT COMMIT AN AMOUNT RIGHT NOW.
Sudhir Kumar, Advocate
(Expert) 05 November 2019
2. Does it require payment of court fee for the reimbursement of expenses, arrears of retrospective promotions and compensation (if claimed) for harassment by management by illegally implicating him in a criminal case. If so, what would be the court fee.
ALL THESES ARE EXPENSES OF LITIGATION.
Querist :
Anonymous
(Querist) 05 November 2019
This is a true and rare case , in which bank management had intentionally ignored all the norms of the bank and legal requirements ,as they wanted to punish an honest officer who worked in the interest of the bank which annoyed his bosses who had vested interests .
Querist :
Anonymous
(Querist) 05 November 2019
bank management had never thought that someday RTI Act would be enacted which would expose them
Querist :
Anonymous
(Querist) 05 November 2019
Bank did not go for disciplinary action as the case was in the court and bank could not make any allegations which were all against its own guidelines.
P. Venu
(Expert) 05 November 2019
No definite suggestion is possible unless the facts are ascertained and documents perused. Anyhow, he is entitled for promotion and arrears thereof with retrospective effect, if he was otherwise eligible for promotion.
If the action could be proved to be willful harassment he can seek damages. But the law is yet to evolve in our country.
Dr J C Vashista
(Expert) 06 November 2019
You have engaged an able, competent and intelligent lawyer to contest your case(s) who is well aware about the facts and circumstances, what is his/her opinion/ advise ?
Just follow it without relying upon the opinion and obligation of experts on this platform which is bound to be formed on the basis of limited facts posted by you, although it is available FREE OF COST.
If you feel strong, may seek second opinion and advise of a local prudent lawyer with full facts/documents and case file.
