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rajeev sinha   23 September 2016

Unlawful termination

i have been working with a pvt. bank for last six years however my services have been terminated in apr. 2016 without giving any reasons ... pls. guide


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 16 Replies

Kumar Doab (FIN)     23 September 2016

What was your designation and nature of duties?

Was any stinker, notice, show cause notice, PIP, misconduct, notice of termination etc issued to you?

Is this Bank a member of IBA?

Are employees of the bank member of Bank employee’s unions?

Are you a member of Bank employee’s unions?

Do you have copy of appointment letter and all rules, policies, conduct and discipline rules mentioned in it and applicable to your designation?

Have you replied to termination order?

 

Did you consult a very able counsel specializing in labor/service matters; If yes what is the opinion of your own counsel?

 

 

 

 

 

 

 

 

HIRAL THAKKAR (ADVOCATE )     23 September 2016

send a letter for illegal termination to Dy Commissioner of Labour of your area

rajeev sinha   23 September 2016

Dear Sir , 

I had been working as a branch manager , and hence cannot take it further with labour dept. as we do not come under their purview.

I was put under suspension in the wake of an enquiry so that i am not able to influence the same , and i cooperated to the best of my abiities , however i was terminated without any PIP , or showcause notice giving reason that as per clause no. 12 of my appointment order , , my services are hereby terminated . 

post same i triedcontacting the management for a convincing reply towards my termination but nobody entertained us .

we do not have any union or so as i wasworking with HDFC BANK , 

Pls. guide me as i have been made a scapegoat to establish an example that bank is very strict .

 

Kumar Doab (FIN)     23 September 2016

Approach a very able counsel specializing in service matters ASAP with all related docs on record for a considered opinion, and proceed further under expert advise.

Kumar Doab (FIN)     23 September 2016

M/s HDFC bank is member of IBA.

PRIVATE SECTOR BANK OFFICERS’ –FORUM FORMED AT BENGALURU.

https://www.aiboa.org/circulars.htm

 

Approach a very able counsel specializing in service matters ASAP with all related docs on record for a considered opinion, and proceed further under expert advise.

 

Anup kumar   23 September 2016

Dear Kumar,a fir made by the customer in this case ,how to quash this order since high court does not entertain writ against private body

Anup kumar   23 September 2016

Dear Mr. Sinha ,if you think natural justice not done by HDFC bank then why are you not challenging the termination order in civil court ? Being silent only means you are accepting the termination order .go and challenge as soon as possible .to get rid of the situation and also avoidance of arrest .

Kumar Doab (FIN)     24 September 2016

@ Anup Kumar,

Which case you have referred?

"Dear Kumar,a fir made by the customer in this case ,how to quash this order since high court does not entertain writ against private body"

rajeev sinha   24 September 2016

Dear Sir , 

The case pertains to BALLIA , where we do not find able counsels excelling in service matters , hence it was delayed , however i still insist that no matter my services are restored or not does not matter but i should be allowed to part my ways with full dignity as i have not done anything wrong nor i have misappropriated any money of any customer or bank itself . I have been simply implicated in a case of misappropriation where in they have concluded without any evidence that its( so called misappropriation of funds of a customer by a staff who is absconding ) not possible without my involvement ,, on the contrary i am ready to share all the bank details of my self and all the family members so as to prove my point that i have not bungled anybodys funds. 

Just on the basis of their gut feeling and few statements acquired by auditors from peer staff under pressure they have concluded that i am one of the prime accused and have terminated my services . 

We have been summoned by POLICE as well in this case  for submitting my statement in this regards , where in the complainant whose funds have been misappropriated has made a police complaint . Now police has not done any independent enquiry and is relying completely on banks report only , so pls. huide me how to proceed further?

Can i take up this case from some where else ( quashing my termination), and what protection i should go for avoiding legal hassles in POLICE case?

Regards ,

Rajeev

 

Kumar Doab (FIN)     24 September 2016

Which location is mentioned as juridictional courts in appointment letter issued to you?

Generically speaking the location can be: juridictional courts in appointment letter, location of employee, location of Redg. office of establishment.

 

You may check with leaders of union also.

 

 

rajeev sinha   24 September 2016

Dear Sir , 

The appointment order does not descibe any jurisdiction , however while recruitmtnt i was selected for Renukoot location , however later on as per availabiliy of vacant positions i was placed at BALLIA in 2009 , later on transferred to DEORIA , and after  4 years of service was promoted in grades , and later on transferred to RASRA ( Dist. Ballia) as Branch Head in 2014. 

 

Rgds.

Rajeev

 


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  • Ms.Usha Kapoor (CEO)     26 September 2016

    Non speaking termination order can be challenged. I mean a termination order without  reasons can be legsallay challenged. Moreover they've n tisued proior notice no calling fo r explanation no opportuni9ty ofhearing etc. It is highly illegal and arbitrary and unconstitutional.I fyou appreciate this answer please click th ethank you  buton on this forum.

    Kumar Doab (FIN)     26 September 2016

    You can agitate as suggested above.

    You cana lsoengage a Law Firm/service matters lawyer and it in turn can send a local lawyer duly supported by it.


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