IHave been discharged after domestic enquiry from duty for gratification charges and lapses in pre and post sanction followup of one loan.I made an appeal to CEO but in vain.Nothing is clear about my pension.They are not ready to reinstate me.Only based on one officer statement they have framed the charges of gratification even though through my union i have fought and raised objections.Can i go to court now.The customer has claerly given evidence that i have not given any gratification of any sort nor senior manager has demanded.eventhen E.O. didnot consider our argument.Disiplinary authority given order of discharge.
Please help me i have put up more than 25 years service in bank.
From India, undefined
Please help me i have put up more than 25 years service in bank.
From India, undefined
Thank you for providing such a forum.Iam bank employee and i was working as branch head in one of the metro city.In that office therewere two officers who were not working properly for which in front of customers i had scolded them.To take revange they mailed letter to HO giving a complaint that i give loan through agents,accept gratification etc.Investigation too place followed by domestic enquiry.E.O. gave a report that i have accepted gratification.This was based on witness of that staff whom i have scolded.
Disiplinary authrity even though we raised objections to EO report.He accepted the EO report in toto saying that management could prove the charge.Hence i was discharged without any benefits.Appelite authority also went according to Disciplinary authority order.
Now can i approach high court.Whether i can win the case.please help me.
From India, undefined
Disiplinary authrity even though we raised objections to EO report.He accepted the EO report in toto saying that management could prove the charge.Hence i was discharged without any benefits.Appelite authority also went according to Disciplinary authority order.
Now can i approach high court.Whether i can win the case.please help me.
From India, undefined
Respected sirs,kindly answer my question.urgent please-Mohansumegha new member
From India, undefined
From India, undefined
Hi.
You can challenge your termination before the civil courts since you are officers. If you can prove yourself 'workman' then before labour court. So please engage lawyer expert in service matters.
Pls note, challenge should be on domestic enquiry i.e. enquiry was not fair, proper and as per principles of natural justice & full opportunity was not provided to you. Normally courts do not interfere with punishment so awarded by the management if enquiry is held to be fair and proper.
I think, Gratuity can be claimed,if same is not forfeited through termination order.
Hope this will help you.
Best of luck.
Thanks
From India, Panipat
148You can challenge your termination before the civil courts since you are officers. If you can prove yourself 'workman' then before labour court. So please engage lawyer expert in service matters.
Pls note, challenge should be on domestic enquiry i.e. enquiry was not fair, proper and as per principles of natural justice & full opportunity was not provided to you. Normally courts do not interfere with punishment so awarded by the management if enquiry is held to be fair and proper.
I think, Gratuity can be claimed,if same is not forfeited through termination order.
Hope this will help you.
Best of luck.
Thanks
From India, Panipat
""E.O. gave a report that i have accepted gratification.This was based on witness of that staff whom i have scolded.""
Did they tell from whom you have accepted gratification?
Did the person who has given yuo gratification testify in enquiry?
These two witnesses are partisan and their testimony could have been discredited by cross examination and bringing the fact of bias against you.
What were the charges framed against you and what documentary evidence was used to prove charges?
Biased or improperly conducted enquiry can always be challenged in a court of law.
Consult a good lawyer and go to court.
From India, Pune
Did they tell from whom you have accepted gratification?
Did the person who has given yuo gratification testify in enquiry?
These two witnesses are partisan and their testimony could have been discredited by cross examination and bringing the fact of bias against you.
What were the charges framed against you and what documentary evidence was used to prove charges?
Biased or improperly conducted enquiry can always be challenged in a court of law.
Consult a good lawyer and go to court.
From India, Pune
Dear sir, yes they have mentioned one customer name from whom i have accepted gratification.
2)The person mentioned has clearly said and given witness/evidence in favour of me.He has informed by appearing personally in fron of EO that i have not given any gratification nor he demanded.
3)Exactly you are right.one of our officer gave wrong evidence that i have accepted gratification without any proof.He says that he has seen taking me brown cover from customer and as there was credit of Rs 17000/- to my SB account which i had credited.pion revious day i had withdrawn the amount.the same was credited back.Thinking that it is gratificattion amount given by customer,the officer who was not liking my leadership as manager gave wrong evidence which was accepted by management.Hence i was made scapegoat.
4)Charges i)Accepted gratification of Rs 18000/- from one customer(Not proved properly)eventhen EO given his report.
ii)Borrowed Rs 50000/- from bank customer(Eventhough the concerned parties came for evidence and given witness in favour of me it was set aside.
iii)Pressanction/post sanction lapses in one MSME loan account of Rs 35 lakhs.(Rs 18 lakhs has been recoverd)
iV)Any good LAWYER REFERENCE PLEASE.
please help me out.I have putup 27 yaers of service.Management is in human.spoiled my life.
From India, undefined
2)The person mentioned has clearly said and given witness/evidence in favour of me.He has informed by appearing personally in fron of EO that i have not given any gratification nor he demanded.
3)Exactly you are right.one of our officer gave wrong evidence that i have accepted gratification without any proof.He says that he has seen taking me brown cover from customer and as there was credit of Rs 17000/- to my SB account which i had credited.pion revious day i had withdrawn the amount.the same was credited back.Thinking that it is gratificattion amount given by customer,the officer who was not liking my leadership as manager gave wrong evidence which was accepted by management.Hence i was made scapegoat.
4)Charges i)Accepted gratification of Rs 18000/- from one customer(Not proved properly)eventhen EO given his report.
ii)Borrowed Rs 50000/- from bank customer(Eventhough the concerned parties came for evidence and given witness in favour of me it was set aside.
iii)Pressanction/post sanction lapses in one MSME loan account of Rs 35 lakhs.(Rs 18 lakhs has been recoverd)
iV)Any good LAWYER REFERENCE PLEASE.
please help me out.I have putup 27 yaers of service.Management is in human.spoiled my life.
From India, undefined
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