ahila jayaraman 04 September 2015

Dismissal from sbi service

Dear all

My husband was a scale III officer in SBI in Bangalore. Bank filed a case for fraud on him in 1986 and suspended. A CBI case was also filed. Even when the caes were going on, the bank conducted a departmental enquiry and dismissed him. The case was taken by Karnataka state/police. Now he is 72 years. He was acquitted in the CBI ase 10 years back and in the state case last year.

Now how can he proceed against the bank to claim the back wages and pension?

Regards

ahila jeyram

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8 Replies

Kumar Doab (FIN) 04 September 2015

You have probably consulted a lawyer specailizing in criminal law and probably did not consult an able Labor Law Consultant/Service Matters lawyer/Law firm.

Generically speaking; The employee may stake a claim.

The entire service and case related documents should be examined thoroughly before you proceed further.

In the meantime you may go thru:

https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp

(Guest)

File a case in the state administartive tribunal challenging the dismisial order based on new facts emeraged claiming restoartion of stsus retrospecyvely or writ in the HC . You can also file a review based on new fact to the disciplinary authority .

Sudhir Kumar, Advocate (Advocate) 04 September 2015

It is unfortunate that I have to disaagree with above views.

case is badly lost by limitation after 10 years (as appearing from the laguage of the post). State Administrative Tribunal has no jurisdiction on SBI.

(Guest)

Here cause of action only arose after judgement of CBI court . Hence limitation only start after that.

Kumar Doab (FIN) 04 September 2015

You have posted that:

"He was acquitted in the CBI ase 10 years back and in the state case last year."

Your counsel may opine to submit to authority in M/s SBI the fate of both the cases and raise the demands.

Show all docs on record to your able lawer and let your lawyer finaly opine after examining the documents on record.

Sudhir Kumar, Advocate (Advocate) 05 September 2015

your wordingis confusing.

what was teh CBI case

what was the police case

whether each were seperately going on

whether disissal was due to bribery case handled by CBI.

please come clear with facts.

jyotirmaya behera (advocate) 07 September 2015

I need something to know. 1. When this fraud occurred ( I mean in which period ) 2. Which year the departmental enquiry conducted ? 3. What was the age of your husband at that time? 4. What is the quantum of the fraud? 5. When the 1st charge sheet was served to your husband? 6. When the 2nd charge sheet was served ? 7. When the punishment given and what is that punishment?