Dismissal after acceptance of resignation and F&F done

>>> Employment contracts generally allow an employer to terminate…………………..and even dismiss……………………… a worker only for cause.

You may show the employment contract/appointment letter/employee handbook/service rules and regulations/conduct and discipline rules/whistleblower policy/charge sheet cum suspension order,…………………………acceptance of resignation, FnF statement/date of its credit in a/c, etc……………………………….to a seasoned Labor Law Consultant/Service Lawyer/Law Firm.

>>> Did you record the calls/meetings with authority (audio/visual) vide which the dismissal from service, declinature to supply the ‘Relieving letter’ and reason for declinature is announced to you?

>>> Relieving Letter: Signifies nothing is pending at the end of employee. Nothing was pending at your end. It has to be issued to you. It is being denied only to keep you out of the trade.

>>> Dismissal: NO speaking Order has been issued to you. It is Dismissal without any reason being announced and communicated?

The bank has only inserted the comments probably in its internal record/your personnel file. It shall be shared in reference check only to keep you out of the trade.

>>> Notice of Resignation: does not snap ties between employer-employee but acceptance of resignation does.

Was the acceptance of resignation communicated to you in writing? How would you claim or justify or prove that ‘Dismissal’ was inserted backdated after acceptance of resignation……………………………….

You have posted that your resignation was accepted with immediate effect on the same day it was submitted by you………………………………..and your FnF was done after a month ………………….and you are told (probably verbally) that you are dismissed on 2^nd Feb (the day FnF was settled)………………………

This implies that your resignation was probably accepted on 2^nd jan and ………………………..your FnF was done on 2^nd Feb and you were dismissed on 2^nd Feb…………………………..

>>> It is asked again whether you were dismissed………………..1 month  after acceptance of your resignation?

Your case  appears to be of  ::::Unfair Dismissal ::: discriminatory retaliation:::: to the worker for reporting illegal activity…………………………………………………….?

Dear Sir,

After raising this issue in January'14 and filing an RTI on this case (RTI revealed that the customer( Government of Bihar) has not given any instruction to break the FDs and they are not aware about this transaction. Huge FDs were broken at the last date of the quarter end, and the proceedings were placed in the Savings account to show the growth in the Liability book size, I was served the charge sheet-cum- order of suspension. all false and irrelevant charges were imposed on me. I gave my reply to the charge sheet within 7 days, but did not get any reply from the Bank. The domestic inquiry was conducted and all the charges were shown proved. I replied to this also, but did not get any reply from the Bank.

Bank pressurized me to resign and just to lure me I was paid Rs 25000/ by the Bank in February 14 and they also paid me full salary for March'14 (This time I was still under suspension).

After many communications over emails and phone, the Bank sent me the flight tickets to Mumbai to meet Head-HR, and he convinced me to put down the papers otherwise I will be dismissed. He said that we will help you to get a job and your relieving letter will be issued by the Bank at any later date.

The Head- Employee relations received my resignation letter and wrote " received on 7th April'14' and put Head office seal on the resignation letter. The original copy was given to me. Since, I had requested for relieving with immediate effect, I was shown relieved on 7th April'14 only, as the F&F calculation sheet sent to me also showing date of resignation and date of separation as 7th April'14 only.

I spoke to Head- Employee Relations about my relieving letter on 4th July'14, but he said that since I am still active about knowing the truth behind that unauthorized transaction done by the Bank ,and marking all the mails to Media people also, I will not be given any relieving letter, and he also verbally told that I have been dismissed. I immediately wrote a mail to Head-HR and informed him about my this conversation with Head- ER.

Just to inform you that my F&F showed me separated on 7th April'14 and I was paid 3 months salary also in lieu of notice period.  Is it possible to dismiss an employee after one month of accepting the resignation/ showing him separated/ paying 3 months salary in lieu of notice period? As per my understanding an employee will never be paid salary in lieu of notice period if dismissal is expected.

Paying 3 months salary clearly indicates that the resignation has been accepted.

Request guidance on this issue, so that I could proceed further....

Rgds,

Apparently:

-- You have only the acknowledgment of resignation and do not have acceptance of resignation.

--In FnF statement the Last date is termed as ‘date of resignation’………….‘date of separation’ …………………….and not as ‘ date of acceptance of resignation’

On the other hand as per your version.................. you submitted resignation and that was accepted and thus you went out of service………………………..and thereafter the relationship of employer-employee has ended and hence employer can not punish departmentally.

The conduct of inquiry proceedings and order of dismissal (verbal……………………and announced 1 month later than issuance of FnF statement and FnF wages) may not have any sanctity since employee went out of employment before the order of dismissal (verbal).  

Your lawyer may however relate with service conditions as applicable to you and can opine on it.

--You were served with order of Suspension……………………………..such order during pendency of inquiry does not suspend contract of service and hence contract of service was in force and it was open to employee to put an end to the same.

You have done it by resignation and if an explicit acceptance of resignation is in your custody then you employer by his volition chose to accept the resignation.

FnF statement is ought to have been issued after the resignation duly received was processed and accepted.

--Does service conditions state that during pendency of inquiry employee can not unilaterally terminate his employment?

--No speaking order of Dismissal of service has been supplied to you. You have been verbally told that you were ‘Dismissed’………………………..although the enquiry was conducted and charges were shown as proved.

--If notice pay was paid then one fine day your employer may claim it was paid by error and claim recovery.

--Relieving letter has been declined verbally.

This seems to be having been done deliberately to keep you on the edges………………………………….and if you do not fall in line……………………….then dump you in courts…………………………to seek relief. Your posts indicate that you were called to HO/Mumbai for a 'Razinaama' and resignation and offer of Relieving letter was part of it.

It is suggested that you should approach a competent and experienced Labor Law consultant/Service lawyer with all docs on record and proceed under expert advice of your lawyer.

Your lawyer may opine that the docs on record in your custody are useful.

You may also seek of a seasoned person well versed with Bank Matters and inquiry and disciplinary action.

If you wish to pursue the issue of malpractice of bank then you can decide to make it known to Governor of RBI:

governor@rbi.org.in

Reserve Bank of India
Central Office Building
18th Floor, Shahid Bhagat Singh Road
Mumbai-400 001.

022-22660868

and Minister of Finance, CM of the state and ask for inquiry by CBI and state police.

Mr.Deepak Kumar,

You have not revealed that you were working with which Bank, at least PSB or Private Sector? Service Conditions are different for these set of banks.

First of all, I do not understand that why have you taken up this whistle blowing job on a wrong foot?  The FDRs are of a Government Department they were prematurely broken and dumped into the same Government Department Saving Bank Account.  Being an employee, you might have taken oath of secrecy and you have broken it by whistle blowing.  How can you say that the Bank is not having Mandate to break the FDRs?  The Govt.Department might have given consent orally to accommodate Bank's targets for that quarter in Saving/Current Deposit Accounts and Bank would have compensated the Department in a different way.  Whether this is right or wrong, as an employee, as an insider you should not have obtained the whistle blowing job at all.  You should have brought to your Bank's higher authorities (they also will not like this type of complaints) instead of roping in Media and public information. 

Looking into your posts, leaving legalities, Bank will make you to suffer.  What can you do such a gaint organisation except knowing the doors of courts?  They will make appeal on appeal as it is not their money and finally you will tired off. 

If you wish to fight as a citizen legally with the bank, it is your option.

If you wish to live as a citizen, even now also go and strike a reconciliation and request for relieving letter.  Dismissal and all these things will not stand in the courts as per the details of your post.  But they will see it takes decades for final verdict. 

Dear Sir,

Thanks for the advise. It is a private bank. My concern is limited to getting the Relieving Letter only, as my resignation letter was received by HR (Receiving Copy is with me), and it was processed accordingly. I was paid 3 months salary also in lieu of the un-served notice period (Bank paid to me). Why the Bank will pay me 3 months notice pay, when they have not accepted my Resignation? Even my F&F calculation sheet is showing me separated from Bank's service on the date of resignation only. The Dismissal order is dated 2 months later the date of resignation/date of separation. I just want to know whether an employer can dismiss an employee after such events, as mentioned above by me?

Whistle Blower policy is there for good reasons in every company, and not for discriminatory retaliation.

Request inputs from all......

Rgds,

Mr. Jaggarao has nicely explained the matter.

While you live in mortal and materialistic world you should understand 'Angels and Demons'.

Your resignation has been accepted and you have been relieved and released from employment.

Rest has been discussed.

You should preferably seek counsel of a seasoned  Lawyer/Union Leader to get you out of the mess and your record should be cleansed.

This is possible without litigation/with litigation.

Whichever way it is possible you can make it happen.

Agreed with expert Mr.Kumar Doab.

You can settle the matter with or without litigation.

without litigation means, you have to shed your ego and strike a reconciliation.

with litigation means you will win the case looking into the given facts.  But when?  After how many years?  What is your future?  Whistle blowing policy in the banks are to arrest the fraud.  In your thinking, breaking FDRs without mandate is a fraud.  In their thinking, it is internal convenience and the insiders should not resort to whistle blowing.  There are clear instructions to all the Banks by RBI regarding declaration of NPAs.  Do you think that all banks are adhering?  Perhaps no bank is adhering.  If some insider complains to RBI that your guidelines are violated by my bank, will the bank management admire him?  

Anyway, you have chosen your destiny on your own.  Now you have to decide either to go with that destiny or to correct it, fogetting what is right or what is wrong.  You are right.  But where is solution to your problem?