Under suspension for last 10 months
Raghav
(Querist) 27 May 2016
This query is : Resolved
I was posted as BM in a public sector bank and during that period few loan were processed and sanction which had some irregularities. However by followup these loans were closed but the bank has taken up these cases as fraud and FIR against the BM is lodged even though the borrower have agreed having taken the loan. Please advise the fate of the FIR and guide for future course of action. Moreover i was suspeneded in july2015 and no chargesheet has been served till date. I have the following queries
1. In FIR police has filed FR in the court which has been protestedby the bank. What will be the future course.
2. It has been 10 months of suspension and for the last two months substance allowance is not been creditedto my account however instalments of my loan are regularly deducted from my salary.
3. No chargesheet is been servedro me till date.
Please guide of the fate of the case and what steps available with me.
SAINATH DEVALLA
(Expert) 27 May 2016
U may have been charged u/s"s 420,467,468,471 and 120B of IPC.But the chargesheet has to filed within 90 days from the date of UR arrest in the court.UR management cannot deny paying subsistence allowance since UR suspension.10months is a long period.
Raghav
(Querist) 27 May 2016
Sir police has filed FR in the case stating that their is no criminal case in the matter which has been accepted by the court but the bank has contested against the same.
As per OSR subsistence allowance is to be paid in full after 6 months of suspension but here the bank is not paying any amount for the last 2 months without any information whatsoever.
Sudhir Kumar, Advocate
(Expert) 29 May 2016
best help a deptt can do to a suspended employee is to stop or delay subsistence allowance and lose case in court.
Raghav
(Querist) 29 May 2016
Three explanation letter have been served till date and reply have been submitted. But no chargesheet have been served by the bank after passage of 10 months.
Rajendra K Goyal
(Expert) 10 June 2016
Repeated query, no reply.
http://www.lawyersclubindia.com/experts/Suspended-for-the-last-10-months-601271.asp
Raghav
(Querist) 10 June 2016
Sir police has filed FR in the case stating that their is no criminal case in the matter which has been accepted by the court but the bank has contested against the same. As per OSR subsistence allowance is to be paid in full after 6 months of suspension but here the bank is not paying any amount for the last 2 months without any information whatsoever.
Raghav
(Querist) 10 June 2016
Sir police has filed FR in the case stating that their is no criminal case in the matter which has been accepted by the court but the bank has contested against the same. As per OSR subsistence allowance is to be paid in full after 6 months of suspension but here the bank is not paying any amount for the last 2 months without any information whatsoever.
