satyanarayana 22 October 2016

Non following principles of natural justice-debited od a/c

I am a joint custodian of Bank safe keys as an officer. When I was on leave for pelvic problems, I was asked to go and collect keys of cashier from another village. There is a practice of collecting keys in sealed packet in exigencies. In view of this I have asked a part time temporary sweeper who is near to that village. I have not instructed cashier to hand over the keys to part time sweeper.

Cashier handed his set of keys to Part time sweeper. I was given a letter asking for comments on as to why I have not collected keys from the cashier as per instructions of Manager of same cadre. The manager has told me to reply as it is just a formal way of closing complaint. Accordingly I have given a letter as dictated by Manager.

I was immediately transferred from the branch and relieved to report one extreme end of the branch net work. After 9 months of the incident, bank has changed the safe levers and debited Rs.64,000/- to my overdraft account.

I was shocked as no charge sheet etc was issued by Chairman who is the disciplinary authority and the letter was issued by an officer equal to my rank (The letter to bring keys from cashier). When a petition was filed, Disciplinary authority Chairman has replied that it is a penalty. I have submitted two petitions as appeal to Board and there is no response from Board. When sought for information under RTI, I was denied information stating that information of mine is a third party information and no larger public interest is involved. Finally they have concluded that it is an administrative decision by Chairman and the case was closed

Now I am a retired officer. It is evident that principles of natural justice like issuing charge sheet, inquiry was not conducted, and amount was recovered in lumpsum from overdraft account by the officials on their own without my signatures.

Kindly suggest remedies available to me for getting refund of such fine of Rs.64,000/- from the Bank. Is it possible to approach to Labour court? Can I file the suit in the same district as the cause of action happened in the same district, and the bank was located in the same district? Also please suggest a consultant that can draft a suitable plaint or petition before Labor court.

I require expert advise on this issue, as I am retired and reside in a remote village.

Thanking you sir,

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7 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 22 October 2016

I think you may file the suit in Industrial Tribunal.

Kumar Doab (FIN) 23 October 2016

You have posted that:

"I am a joint custodian of Bank safe keys as an officer...................................Is it possible to approach to Labour court?"

If your designation was officer still you are covered by the def. of 'Workman' as in ID Act, then you can. If you are covered and bank has a branch in your Distt, then you may succeed to agitate at such location.

There is NO limitation to approach Labor Court/Tribunal, however the Labor Court/Tribunal shall decide.

"The manager has told me to reply as it is just a formal way of closing complaint. Accordingly I have given a letter as dictated by Manager."

Do you have a copy of the said letter signed by you?

G.L.N. Prasad (Retired employee.) 02 November 2016

The query appears most interesting and intreguing.

The employee is having two types of relationships

a)One Banker and customer

b)Employer and employee.

Both these relationships are separate, different and have seperate Acts, rules and regulations.

It appears to circumvent the laid down procedure on disciplinary rules and regulations, the disciplinary authority has simply directed for debiting the overdraft account of the employee and it appears that

a)Authority has not framed any charges or pointed any specific irregularities,

b) not issued charge sheet or called for explanation,

c)neither oral inquiry nor personal hearing was permitted

d)no orders were issued informing the proposed punishment

e)The appellate authority decides that it is administrative decision and not action under disciplinary proceedings. (Though administrative decisions are to be followed with further proceedings as per laid down procedure)

The smart disciplinary authority without wasting his time and energy on these laid down disciplinay proceedings, simply orally directed for debiting to the account of the employee and recovered the amount.

I am not an expert and a common man. To me it appears that oral directions of Disciplinary Authority is per se perverse and not proper and he played a very smart game. I do not know whether any legal remedy is possible after a lapse of several years after such recovery. I am not sure as to whether employee can approach to Banking Ombudsman for unauthorised debit to his overdraft account, after limitation period. (Though Bank has not communicated any orders or advice so far)

Infact, I was curiously watching for replies from experts as I have not come across any such issue so far, but I could not find contribution from experts.

I request the experts to contribute the opinion as issue appears to be a genuine and practical issue and an exploitation by a smart employer, against less knowledgeable employee.

satyanarayana 02 November 2016

The manager has told me to reply as it is just a formal way of closing complaint. Accordingly I have given a letter as dictated by Manager."

Do you have a copy of the said letter signed by you?

YES, I am having copy of such letter from Manager calling me for my remarks/comments.

But still I am not aware as to how the Bank can debit my overdraft account for two reasons.

a)The relationship between the Bank and my account is Banker and customer.

b)The relationship between me and the banker is employee and employer. Here Bank has not issued me any memo/show cause notice and so forget about inquiry and giving hearing opportunity etc. Some times they say it is Penalty under disciplinary proceeding and some times they say it is administrative decision.

\c)The board remained silent.

Local advocates informed me that case is not fit for Labor Court.

I am not aware as to how to proceed to Industrial tribunal and await for expert's guidance, as I am from a remote place where to find experts in labor law is not possible.