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Ipsit Roy (Associate)     30 January 2025

Is there any judgement that shows non-termination of bank officer on medical grounds?

Hello 

Is there any judgement (high court or Supreme court) that shows non-termination of an bank officer wherein he was awau on medical leave due to emergency family memeber's ill health and was chargeshetted but was reinstated later and not terminated rather dice down on promotion as the highest punishment? 

Any references would help. 



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     31 January 2025

You may contact your own advocate to get the judgement that you desire to have.

You can discuss your problem here.

Ipsit Roy (Associate)     31 January 2025

The thing is I had been a regular employee of the bank working in the capacity of an Assistant Manager from 2016. In 2018, my father with years of COPD complications but leading a moderately stable life started developing severe complications. He also has some other ailments like glaucoma which rendered him blind in one eye.

 

Given the situation, I had applied for a request transfer even if it's possible for some months to take care of my father and also do my duties at bank. My request wasnt replied to.

Then, a few months later, my father became seriously ill and was put into ventilator when I had to return home and couldn't go back to join my last posted branch IN 2019. SOON AFTER in 2020, Covid started and situation got worse. I myself had multiple bouts of Covid rendering acute weight loss and severe weakness. After things got a little better in the last leg of 2021, I had intimated the bank that I want to rejoin. Note that in 2020 during Covid Bank merger happened and I was issues new employee id (SR NUMBER)

After approaching the recognized union and the zonal office several times over these years, I was forced to file a writ petition in court in 2024. After filing the writ, bank made the first communication ever in the form of "Letter of Explanation" citing my long absence reason . I replied to it promptly and only last month I received a chargesheet with just one allegation- Long unauthorised absence. I relied to the chargesheet too and yesterday they sent me a mail stating Departmental Enquiry process to start. 

Meanwhile , I had tried multiple times to join my last branch where I am still shown as posted but zonal office didn't allow me. They asked for supporting documents multiple times and I did the same. I am being told by many senior  bank officials that they must allow me to join first and then carry on with the inquiry. I am willing to sign any undertaking for my punishment but they must allow interim joining atleast. I am also sceptical of termination as I have never faced any chargesheet in my life ever.


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