Service matters (urgent)
raj gupta
(Querist) 10 September 2013
This query is : Resolved
Dear sir,
I am requesting to advise me on my topic. I was working in govt bank in as officer. I was wrongfully terminated after the exparte hearings from the service. The charges is unathorised absence, misconduct, non performance. There is no financial fraud charges. All charges are non financial and fake, except unauthorised absence charges. During Appeal period I had submitted a appeal for reinstate my job on some genuine ground.but,I do not get any reply regarding my appeal status. Almost six month have passed on. I am still waiting for my appeal status from my bank side.
I would like to know about legal steps/fate, which i can take in my course of action. and one more thing, to know my appeal status, what should i do?
Highly obliged,
Regards.
Raj Gupta.
Sudhir Kumar, Advocate
(Expert) 10 September 2013
Nothing new.
The available facts are not prima-facie in your favour.
you have admitted that there was ex-parte hearing
you have also stated that the charge was unauthroised absence.
Needless to say that it is clear that you did not attend inquiry.
In such case ex-parte hearing and dismissal from service is valid.
the result of disciplinary action is not termination, it is dismissal/retirement/removal/reduction in rank/reduction in pay scale/ reduction of pay/ stoppage of increment/ recovery of loss/ censure.
Termination could have been there if during the proceeding the removal from probation is considered.
first come clear with facts only then you can expect correct advise.
Advocate Sastry
(Expert) 10 September 2013
Please tell us the wording used by the Disciplinary Authority... It may be Dismissal with or without notice or Discharge from the services... If the Appellate Authority is not responding, you can personally call on him for a hearing.
Sudhir Kumar, Advocate
(Expert) 11 September 2013
unless clear facts are shown I am unable to agree or disagree with view of Mr Sastry.
raj gupta
(Querist) 12 September 2013
Dear sir,
First of all thank you for showing your interest.The following are the relevant facts:
ORDER: "Removal from service which shall not be a disqualification for future employment."
I did not attend inquiry, and remain continuously on unauthorised absence.
but I had submitted my defence statement properly on time. but it did not change anything and i was chargesheeted.
actually in bank some executives are against me on some ground.
In any inquiry i can prove my innocence with the help of some documented evidence besides unauthorised absence charge.
For six months i struggled very hard with my immediate boss(executive class). I faced every possible negative actions except physical assault. after this I went on leave and informed about my complaint and request to transfer somewhere else.
I send appeal to top management. but no reply. what should i do now. please advise me.
regards,
Raj Gupta.
Sudhir Kumar, Advocate
(Expert) 12 September 2013
You said
"In any inquiry i can prove my innocence with the help of some documented evidence besides unauthorised absence charge."
when Inquiry was there you did not partcipate.
Guest
(Expert) 12 September 2013
The basic defect on your part was, not cooperating with the inquiry by not participating in that. In fact you lost golden opportunity to defend yourself. Now any effort by you would become futile.
Better consult some local expert on the service laws, show him your documents, and give additional information required by him, so that he may see if some wayout is there for your safeside by finding lacunae with the inquiry procedure adopted in your case.
Sudhir Kumar, Advocate
(Expert) 12 September 2013
agreeing with Mr Dhingra I would add that your only hope is there if the inquiry procedure is not properperly followed.
For this you have to meet anexpert or advocate with papers.
