Rohit Sharma 28 June 2017

Termination from bank services without any notice & submissi

Respected Sir/Madam,

I have joined a private bank on 31/10/2012 as Deputy Manager, being promoted after two years at Manager-I.

Recently in Oct’16, a fraud had happened in my branch. The Case is:

Four non operative dormant accounts were activated.{this can be done from BM and DBM Financial ID Only}
Emergency cheque book(Loose Cheque leave booklet) were issued in the accounts.
The entire amount present in the account is withdrawn through cash withdrawal from same cheques.
Regular cheque book request taken for all four accounts to be delivered in the branch.
Old currency cash deposit and cash withdrawal is done on all the accounts.

In none of the case above my ID been utilized for any of the transaction. All the relevant documents for activation of dormant account, issuance of cheque book are not present in the branch. Also the cheques used for the transaction are also missing from the branch after the case came in the light. CCTV cameras were also not in working condition at the time of instance.

The investigating officer {who is very junior in grade} is stating that some alphabet/letters on the cheques resembles with my handwritings. My non-financial ID{which can only be used to see the account details like address, birthday, balance and phone no.} had been used to see account details whenever the transaction been done.

On these two grounds they had issued me a non-speaking order od Termination of my services on 20th April 2017. As per our rule book, they first need to issue me a written notice mentioning instances against me, then my written submission on the same. After the decision I can appeal to the appellant authority once, which I have done on 27th April 2017, which again got rejected with a non-speaking order.

Now in this situation what should I do? Is this termination is valid as per law of natural justice? Can I file a writ application in high court for some relief or what relief I can get in my case? Please give me your valuable advice.

Regards

Rohit

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5 Replies

P. Venu (Advocate) 28 June 2017

Ex-facie, you are not a workman, as such the emedy lies in approaching a Civil Court.

G.L.N. Prasad (Retired employee.) 28 June 2017

1.Sorry to differ with expert Hon.,Venu, I feel that Dy.,Manager is a workman and he can complain through advocate in Labor court.

2.There is no difference of opinion on the issue that Bank has not followed principles of natural justice and the termination is not valid in eyes of law. There are several well organized trade unions for all banks, and member can seek such guidance from them. They have experts to guide them.

Honestly I do not know whether a writ can be filed in HC against a private Bank.

3.Let us all admit the fact that the Bank lost it's name, reputation, and there was a financial loss and all the listed 5 violations are not isolation, but pre planned, with compromise, connivance, cooperation and conspiracy of an insider. Who is that black sheet and insider is the key to be investigated by the employer, and without conducting investigation they can not terminate the official. (The last case I heard is only in the case of Com Parvana several decades back in then Calcutta)

4.These issues can not be settled through forum posts, and you have to establish relationship with an organised bank union leaders and has to proceed according to an expert advice.

Unions support / protect only if you are innocent. I do not find any reason for not disclosing the name of the Bank, as it is relevant as employer has himself broken the relationship links. It can happen only in Grameena Banks where still they think in victorian styles of law and treat that employment is at their mercy.

AV Bagur Advocate (Advocate ) 28 June 2017

The expert (mr Venu) is correct. Labour Court will not be able to entertain your complaint. Civil Court is the correct forum.

Plain reading of your narration gives the impression that sooner or latter you would be facing cases under Section 406/420 r/w 120-B/34 of the IPC, if not under PMLA. So, if you are confident of defending yourself under those sections, then you can consider filling appropriate civil suits as well as well suits for defamation etc.

These can be handled by an advocate specialing in these fileds.

Kumar Doab (FIN) 28 June 2017

The order of authority should not suffer from Non application of mind.

The authority should look into seriousness of charges, but it should not be inflated and directed to find or choose a victim in the house, and authority should also look into gravity of conduct.

The decision of authority should not suffer from infirmity.

You may show the Bank Employee’s Conduct, Discipline and Appeal Rules and all communications on record and inputs to seasoned bank employee’s unions leaders and a very able counsel specializing in such/service matters and more so that has handled bank employee’s/officer’s matters, for a considered opinion.

The counsel may examine designation and nature of duties and advise on appropriate forum.

Apparently a Branch Head/Full manager in bank may have such structured duties on record that may take him/her out of purview of ID Act.

Kumar Doab (FIN) 28 June 2017

Limited undersdtanding from your post is that you have worked and strived to prove your innocene...........and management of the bank is apparently determined to dump the man and matter in court of law.