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KIRAN (Associate)     17 March 2015

Please help

During the cash in transit, the cash taken away/stolen by the thieves from the custody of bank employee.

employee used his personal 2 wheeler for transport.

the FIR is registered against unknown persons and investigation is still in process.

Now bank sent notice to employee under clause 5 j and 5 m of the Bipartite Settlement and asked to reply within 10 days.

Request you to please guide to reply.

Employee rendered service around 25-30 yrs and have good character.



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 March 2015

Mam, What does 5 j and m says ? Second is what were the contents of the notice ... Regards Kapil Chandna Adv 9899011450

KIRAN (Associate)     18 March 2015

5. By the, expression “gross misconduct” shall be meant any of the following acts and omissions on the part of an employee: (j) doing any act prejudicial to the interest of the bank or gross negligence or negligence involving or likely to involve the bank in serious loss; (m) Knowingly making a false statement in any document pertaining to or in connection with his employment in the bank.

Kumar Doab (FIN)     18 March 2015

Was he directed to use his personal two wheeler?

Under what compelling circumstances he used his personal two wheeler?

He may consult seasoned  Bank Union Leaders  and a lawyer well versed with bank rules and such cases.............with all docs/evidences on record, and the mentioned settlement,conduct and discipline rules etc... 

T. Kalaiselvan, Advocate (Advocate)     19 March 2015

The employee has to give a reply first by consulting a lawyer and afterwards to challenge the proceedings on the basis of merits in his side.  This is a gross violation of the stipulated rules to be followed while cash is carried or in transit.


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