Can suspended employee able to join in another govt job?


I am public sector bank employee. I got govt job in state government. I given my resignation letter to the bank. The resignation letter was not processed in proper time.I am not get relieved from the present service.After a month over, I have been suspended due to some reason. The enquiry process completed and the charge sheet not issued to me even after 4 months from the date of enquiry starts.In this critical time, I has to join in the state government job. The joining time allowed in state government is only 15 days. If I not joined within 15 days, the job will expire. In this situation, whether I am able to join in the state govt job with giving new resignation letter to the present employer? Please guide me sir....

 
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Dy Director

No.  Your resignation is not accepted.

 
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Sir,

Can i able to join in the new job, as the relieving order is not needed in the new job?

 
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Sir,

What is the time limit to issue a charge sheet to the employee in PSU bank from the date of enquiry starts? The enquiry process was completed in the moth of May, the show case notice and want of explanation about allegations made will be issued to me on 12th  july. I submitted my explanation to the bank on 12th august.

 
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Dy Director

You questions :-

What is the time limit to issue a charge sheet to the employee in PSU bank from the date of enquiry starts?

 

Ans : No strictly laid down.

 

The enquiry process was completed in the moth of May, the show case notice and want of explanation about allegations made will be issued to me on 12th  july. I submitted my explanation to the bank on 12th august.

 

Ans : You appear to be confused as to what enquiry is.  You are not able to explain the documents.  Generally SCN is prior to chargehseet and Inqiry is after chargesheet.  You meet some knowledgeable person with the papers. Dop not experiment with the career.

 
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Sir,

1. Preliminary enquiry starts on - 24th April 2012

2. Suspension order issued date - 2nd May 2012

3. Lapse letter and want of explanation about allegations made will be issued to me on -12th  july 2012.

4. Explanation letter sent by me on - 12th August 2012

My question is :

1. When will be the charge sheet will be issued to me? ( Is there is any time limit  framed) ?

2. When will be the final order may passed ? ( Is there is any time limit  framed)

 
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Dy Director

There is no hard and fast time limit on the same.  As on now chargesheet has not been issued and your resignation could not have been withheld had you not been under suspension.

 

Have you appealed against suspension.  What are the allegations.

 
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Dear Sir,

I have not appealed against suspension.

I am 27 years old junior officer in bank. The allegations are only operational lapses in issue of  agricultural loans to farmers. The loans are sanctioned by the branch manager. I have not done any mistake. But I made my recommendation in the loan documents. To obey my superior officer order, I made my signature in loan documents. So that they issued suspension order to me . The suspension order not issued to the branch manager. I have only recommending power and I dont have any sanctioning power. Because I recruited in bank as specialist officer. To respect my superior's order only, I made my recommendation in the loan documents. But all the above said loans are recovered. There is no financial losses to the bank.

1. I submitted my resignation letter to the bank with acceptance of paying 3 months salary to the bank instead of 3 months notice period on 24th  February 2012.

2. They are not relieved me even in the 1st week of april 2012.

3. So that, due to mental vexation, I put leave for more than 15 days.

4. Because of  stress from my controller, I rejoined in the duty on 23rd april 2012.

5. Next day on 24th april 2012, One enquiry officer came and searched all the loan documents.

6. He conducted some detail enquiry with me and the branch manager.

7. After that, they given me suspension order to me on 2nd May 2012.

8. Lapse letter and want of explanation about allegations made will be issued to me on -12th  july 2012.

9. Explanation letter sent by me on - 12th August 2012

 

My question is :

1. I submitted my resignation letter 2 months before the date of suspension order. Then what happened to my resignation letter?   There is no news on that till today about my resignation letter . They accepted or rejected ?

2. All the loan amounts will be recovered. There is no financial loss to the bank. Then why the management kept silent ?

3. Why they not relieving me till today. Why this much delay?

4. There is no charge sheet issued to me till today even after 4 months from the date of suspension. They not given me any clear cut solution about, whether the bank will revoke my suspension order or send me out from the bank.I dont know whether am able to join in any other govt or private job in this situation?.....

Please guide me sir......

 
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Dy Director

There are many bank officials who deal with many loans and all of them are not suspended.  So there is something which you did not like to share, which makes this loan special that bank had to consider your suspension

 

 

You said that “I made my recommendation in the loan documents”  certainly no loan will be sanctioned without recommendation.  It just cannot be argued that the recommending authority had no responsibility.  The competent authority is entitled to accept recommendation.

 

You have so far not stated that loans were all right and admissible as per bank guidelines and policy.

 

 

 

You said  “To obey my superior officer order” Public servant has no liberty to follow illegal orders of superior and escape responsibility.  Many police officials act on superior directions of politicians and pay by their career.

 

 

Your said  “But all the above said loans are recovered. There is no financial losses to the bank” Recovery is one aspect.  The offence of frauds stands completed when recommendations of a fraudulent loan is signed. It the loan is recovered then Bank may not be interested to give FIR against you and borrower.  But this is no defence in disciplinary case.

 

 

You said  “One enquiry officer came and searched all the loan documents” Inquiry Officer does not do any such search.  He may be Investigating Officer.  Inquiry Officer is appointed after chargesheet and the said Investigating Officer may be a witness before him.

 

 

 

My question is :

 

1. I submitted my resignation letter 2 months before the date of suspension order. Then what happened to my resignation letter?   There is no news on that till today about my resignation letter . They accepted or rejected ?

 

Ans : This forum may not know what happened to your resignation you may seek the same under RTI as it is a Govt Bank.

 

2. All the loan amounts will be recovered. There is no financial loss to the bank. Then why the management kept silent ?

 

Ans : This forum may not know what happened to your resignation you may seek the same under RTI as it is a Govt Bank.

 

3. Why they not relieving me till today. Why this much delay?

 

Ans : This forum may not know what happened to your resignation you may seek the same under RTI as it is a Govt Bank.

 

4. There is no charge sheet issued to me till today even after 4 months from the date of suspension.

 

Ans : My dear on 12.8.12 you submitted reply to the explanation. (you are not sharing with this forum what was the explanation call and what did you reply).  On 1.9.12 you expert a decision on chargesheet and suspension.  It is Govt organization and the matter is sensitive dealing with career of a person, reputation and discipline of the organization.  It is too early to expect even drafting of chargesheet half a month full of holidays.  You have also not told whether the reply was submitted in person to the appointing authority or sent by post.

 

 

They not given me any clear cut solution about, whether the bank will revoke my suspension order or send me out from the bank.

 

Ans : There is no such provision. If they have to revoke suspension they will issue revocation order.  If they have to continue then they are bound to issue review order after three months.

 

 

I dont know whether am able to join in any other govt or private job in this situation?.....

 

Ans : It is least likely. Your only hope lies that the Bank take mercy on you (when you beg for it) and accept the resignation and you join other department without stigma.  All depends to what extent higher authorities are annoyed.

 
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Sir,

Who will be the appropriate authority to issue show case notice / lapse letter ?

Its discplinary authority or below the rank of anybody?

 
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