Regarding intimation about a previous job
Gargi
(Querist) 23 September 2013
This query is : Resolved
Sir,
One of my friend working with a PSU bank joined a central government job after resigning from his post of asstt. manager on personal ground. He did not intimate his new employer about his previous job. Now he is afraid that about that.
The queries are
1- Can his new employer terminate him?
2- What he can do now?
Sudhir Kumar, Advocate
(Expert) 23 September 2013
what did he mention in the attestation form regarding addresses during last five years?
Sudhir Kumar, Advocate
(Expert) 23 September 2013
was he in the service of bank at the time of application?
whether advertisement called upon him to apply through proper channel?
Gargi
(Querist) 24 September 2013
He has shown his residential address in the attestation form.
Yes he was in the service of bank at the time of application.
Advertisement does not asked for proper channel. But advertisement did ask whether he applicant is working since he left that column blank at the time of application. Advertisement asked for NOC.
He did not seek NOC but appeared and when selected resigned from bank to join SSC job. He rendered resignation to bank on personal grounds and got relieved. Actually his parents are old and SSC gave him hometown posting therefore he joined even on lower rank just for sake of family. In attestation form the columns about previous employment were filled at N.A. (Not applicable). This all was done in hurry. Bank has asked for three months salary in lieu of immediate resignation and he agreed for the same. Although bank relieved him stating that he has to pay Three Months salary but did not recovered that amount. For that sake he left amount more than that of three months salary in his salary account which is still left untouched so that bank may recover it any time. He even asked the officials of bank to recover the amount from his salary account after resignation but bank official are reluctant to do that.
Kindly tell what he can do in such circumstances.Plz extend an early reply. I shall be oblized
Sudhir Kumar, Advocate
(Expert) 26 September 2013
Let you friend ask the query if the amount is still there after one year.
Gargi
(Querist) 27 September 2013
Respected Sir,
As per your query he told that amount is still there in his salary account after two years of acceptance of his resignation. Further, he even has not claimed his Provident Fund which amounts to approximately Rs.50000/ from the bank. On talking to Manager HR to execute the recover he again assured to look into the matter but did not recover the same.
Plz reply.
Gargi
(Querist) 06 November 2013
Sir,
Since bank has not appropriated the amount of notice period therefore he did not claim his amount. He waited for bank to recover their dues first.
P. Venu
(Expert) 06 November 2013
It is two years since you left the PSU Bank and joined the public service. Prima facie, the Bank has no intention to recover the salary for the Notice period nor does the Government goes for a roving inquiry into the details furnished in the Attestation unless it involves moral turpitude or touch upon the basic eligibility for the present employment vis-a-vis other candidates. So get over the regrets of the past and concentrate on the present.
Incidentally, the Bank cannot make any unilateral recovery from your savings account or from your PF. If they intent to make any recovery, they will address you which is quite unlikely as matters stand now.
You can operate your account and also claim the PF amount at your convenience.
Gargi
(Querist) 06 November 2013
Respected Sir,
Thanks a lot for your reply. I request you to clearify the meaning of " Prima Facie, the has no intention to recover the salary for the Notice period does the Government goes for a roving inquiry into the details of furnished in the attestation unless it involves moral turpitude or touch upon the basic eligibility for the present employment vis-a-vis other candidates" in a bit easy words as they are quasi legal.
Waiting in anticipating
Thank you Sir.
P. Venu
(Expert) 06 November 2013
I am sorry. Two words happened to be omitted. I have since corrected and modified my reply.
Gargi
(Querist) 07 November 2013
Respected Sir,
Thank you for clarifying the facts. Sir, one last question is that whether a fellow employee(as many of them know about the same) of present employer complains that my friend has been working in a psu bank which he has not revealed in attestation form may lead to termination of his job for concealing the facts. Although he was relieved with the acceptance of resignation prior to the joining of new job. And he wants to pay the dues to bank to avoid any future problems how can he do the same? Should he write a letter to bank to appropriate their dues before taking out the moneys from his savings account.
Please extend a reply. Shall be oblized.
Thank You once again for your valuable guidance on the subject.
P. Venu
(Expert) 07 November 2013
Trust in human nature. Moreover, even in the unlikely event of someone complaining and authorities taking note of it, there are no sufficient grounds for a course of action as you fear. The information not disclosed does not materially relate to the eligibility or the criteria for selection and appointment for the present job. It was a mistake, not mischief - there was no dishonesty intended.
There is no need to wake up a sleeping (or, may be, dead) issue by rushing to pay the dues unless the Bank demands.
Gargi
(Querist) 07 November 2013
Respected Sir,
Thank you Sir. I am greatful to you and the optimism you have shown on the query. To work with optimism and good faith is the best gesture of doing work. Very few people now a days convey such message to young generation as you have conveyed.
I have just informed my friend about your reply and he stands very relaxed with heartiest regard for you.
I too convey my regards & will keep in touch with you on this forum for your valuable guidance.
