Seeking Release from Bank
Querist :
Anonymous
(Querist) 15 June 2011
This query is : Resolved
Hi I was working in a nationalized bank in clerical post and then I got job in a different bank and joined there.I tendered my resignation at my 1st bank and cleared all my dues,surrendered 1 month's salary and my branch manager also forwarded it by recommending for acceptance to higher authorities. Expecting that i would be immediately relieved,i joined my new bank the very next day.Somehow The Bank authorities came to know about this and issued "show cause notice" and "charge sheet" to me how I joined a new job before getting released. They also sent letter to my new employer. Now my new employer has asked me to get my relieving letter. Its been more than 8 months but they still haven't released me and my job confirmation at my new place is pending for that.while resigning I fulfilled all the criteria for a resignation to be accepted. Please suggest How i can get released from them?
PALNITKAR V.V.
(Expert) 16 June 2011
Technically speaking you ought to have joined only after getting relief letter from old bank. But in the given circumstances, you must reply their notice stating all the facts and request to issue a relieving letter with retrospective effect. i dont know whether it was mentioned in your contract that it shall be in the discretion of the bank to relieve you even if deposit a month's salary in lieu of notice. But anyway, if the old bank does not issue relieving letter, you will have to approach court for quashing of chargesheet and for relieving letter
mahendrakumar
(Expert) 16 June 2011
what does your appointment letter at the previous bank states regarding resignation or leaving them.
usually,it is one month notice by either party.
so long as you have followed the terms of that,sent a legal notice to the bank stating the facts for the relieving letter from retrospectiv e date.
prabhakar singh
(Expert) 16 June 2011
Mr. Palnitkar v v is right in saying that "Technically speaking you ought to have joined only after getting relief letter from old bank.But in the given circumstances, you must reply their notice stating all the facts and request to issue a relieving letter with retrospective effect. i dont know whether it was mentioned in your contract that it shall be in the discretion of the bank to relieve you even if deposit a month's salary in lieu of notice. But anyway, if the old bank does not issue relieving letter, you will have to approach court for quashing of chargesheet and for relieving letter"
I, HOWEVER, WANT JUST TO ADD ONE THING MORE IN YOUR REPLY TO SHOW CAUSE,THAT AS YOUR BRANCH MANAGER FORWARDED IT( relieving)WITHOUT ANY OBJECTION,YOU ACTED IN BONA FIDE BELIEVE THAT IT SHALL STAND GRANTED IPSO FACTO AS UN-OBJECTED AND NO INTENTION TO DISOBEY OR FLOUT ANY THING.
IN FACT THINGS HAVE GONE IN INDIAN STYLE,
YOUR PREVIOUS EMPLOYER BANKS OFFICIALS ARE, PERHAPS, LOOKING FOR WHAT Mr.ANNA IS FIGHTING.
Querist :
Anonymous
(Querist) 16 June 2011
Thanks for your replies. In fact I have already replied their 'show cause notice' and 'chargesheet' properly and has mentioned the facts as suggested by you. After that they sent the letter to my present employer and have not made any further communication with me. and they are still arrogant at not releasing me.how fruitful it would be for me to send a legal notice?
