False suspension without notice
tulasi
(Querist) 06 March 2012
This query is : Resolved
dear sir...
My father works in a cooperative bank..the bank charged my father with misappropriation of money and sent him home by threatening..to support why they have suspended they have not sent a notice or at least a formal letter of suspension..when he went to sign the attendance register, they did not giv him intentionally to prove that he ws absent for long time...9 years passed..till now no notice of suspension or termination..no salary...what to do?
ajay sethi
(Expert) 06 March 2012
what was your father doin gfor 9 years?
the fact that of the case is that your father acceptted the bank contention that he had misappropriated funds and dd not agitate the issue for 9 years .
after 9 years you have woken from your slumber . contact a local lawyer
Deepak Nair
(Expert) 06 March 2012
9 years have passed. Now the issue is out of limitation period.
Thus, in my view, no remedy possible.
Guest
(Expert) 06 March 2012
How he was sent home without any suspension order 9 years ago? When your father preferred not to take up any case by correspondence with the bank management for all the last 9 years, nor reported for duty, on what basis he proposes to defend his case of unauthorised absence for such a long period?
Further you say that no suspension order was issued, on what basis it is presumed that he was suspended?
Sudhir Kumar, Advocate
(Expert) 06 March 2012
All expersts above have understood the situation well.
circumstances indicate the your father did some embezzlement and the bank being private asked him not to come. The Bank also did not know how to deal they simply felt happy that he stopped coming and did not even demand subsistence allowances. On record he is absconder. They verbally used expression of suspension and he knew of his deeds and did not agitate the matter.
He had all the avenues to agitate denial to join duty.
The bank could have conducted ex-parte inquiry against dismissal and could also have initiated action for embezzlement and formally dismissed him. However since there is no terminal order he is still on their rolls and can insist to be allowed to join duty.
Raking up past appears to be badly time barred. The criminal action not taken by the bank may not be time barred.
tulasi
(Querist) 06 March 2012
Yes..here goes the details..3 people in the bank are involved in the misappropriation as per the documents including manager, accountant and the cashier (my father). But the bank did not take any action against manager and accountant..manager commited suicide..accountant still on service..when court asked the bank about not taking action on manager and accountant and only on my dad ,this bank quickly issued a notice to accountant, while it grabbed almost al misappropriated money from my father converting our NA land into plots and sold them with a unregistered power of attorney..
bank did not recover any money from either manager or accountant eventhough the assistant registrar has put the amount on all 3 people..
Dad does not have either money or politics to fight against those politically influenced people..keeping in mind small children and money needed for court dad kept silence..ya..it was his big mistake to listen to chairman of the bank that he will give my dad the justice..when dad came to know he cheated also, its late..
do u know any cases like this..?...what can be the fate of the case?....
tulasi
(Querist) 06 March 2012
Thanks for ur replies!!
V R SHROFF
(Expert) 06 March 2012
very sad, but shows misappropriation.
Ajay Bansal
(Expert) 07 March 2012
File a civill suit for mandatory injunction without fear.Now bank has to finish said illegal suspention and further due to spam of time,the criminal case's allegation against your father has become very mild.
Guest
(Expert) 07 March 2012
Dear Tulasi,
At first you need to collect proper information to make a solid background for the case. You must ask for the information from the bank or through Registrar of Cooperative Societies about the action taken against the Manager, Accountant and the Cashier along with copies of orders under which any action was taken against them in misappropriation case.
If you find any irregularity in the action by the management or favouritism to Accountant, you may lodge a compalint against the Board of Directors of the bank to the Registrar of Societies and the RBI, as the bank is a cooperative bank. So, this way, you can pick up thread by and by to link the irregularity, if any, committed in sending your father home without following the set service rules and the law on dismissal/ termination of services of staff.
tulasi
(Querist) 07 March 2012
Thanku all....
Kirti Kar Tripathi
(Expert) 07 March 2012
You can take chance, give legal notice, if the still stand that your father case of alleged misappropriation is under consideration, your right will survive. otherwise, there is no hope, case is time barred. it is deem abandonment of employment.
Guest
(Expert) 07 March 2012
You are welcome, Tulasi.
tulasi
(Querist) 10 March 2012
Thanks a lot!!
Sudhir Kumar, Advocate
(Expert) 05 April 2012
So far you hve neither refuted that ther ewas misappropriation nor refuted your fathr involvement.
If the bank is presssed against wal then they have only one escape route that to file FIR and let your father go behind the bars.
