Issue of memo just before retirement
Gopakumar Madhavan
(Querist) 01 June 2012
This query is : Resolved
A case has arisen in the State Bank of Travancore, where an officer has been issued a memo just 15 days prior to his retirement for some case which took place five years ago. All his terminal benefits have been put on hold.
Is there any judgement anywhere that such harasement should not take place ?
Guest
(Expert) 01 June 2012
Dear Gopakumar,
Law does not come to the fore to restrict any disciplinary authority from taking any disciplinary action for offence committed by the employee any time during the course of his service. However, law comes forward to provide justice, if during the process of disciplinary proceedings any irregularity is committed or norms of natural justice are flouted by the inquiring authority, disciplinary authority or even the appellate authority.
You will therefore have to defend yourself by justifying your action, if you feel you had not committed any offence while discharging your duties and responsibilities. You can approach the law, if any injustice is noticed by you during the process of disciplinary proceedings.
Sudhir Kumar, Advocate
(Expert) 02 June 2012
If it is chargesheet or only an ordinary memo please clarify.
If it is chargesheet the action doe snot at all appears illegal.
Shonee Kapoor
(Expert) 02 June 2012
Agreed with both experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
c.p.s. ramachary
(Expert) 04 June 2012
Mr.Gopakumar Madhavan,
Issuing memo does not amount to show cause notice or charge sheet. If the bank wants to take disciplinary action it should fist issue charge sheet or at least show cause notice and give him reasonable time to reply. By the time the employee replies the bank will not have any jurisdiction to hold disciplinary action as the employer employee relationship comes to an end and the show cause notice or charge sheet becomes in-fructuous. The employer cannot extend his serve in the absence of any law.
Bank does not have any right to hold terminal benefits like PF, Pension,Gratuity which cannot even be attached. This matter must seriously contested by an expert hand
