Applicability of criminal law
denish
(Querist) 03 January 2012
This query is : Resolved
I am working in a Bank. I was awarded a penalty of stoppage of one increment for 3 yrs.At that time I was one increment before the last stage of my salary structure so I could not get the next increment in the forthcoming year but after one year I got the next increment.In our bank there are 5 stagnation increments which are provided after every subsequent 2 years after getting the last structural increment.Due to punishment I got such stage after one year to my batch.After the punishment period I should be kept at par with our batch because the effect of the punishment ended after three years, as it was awarded. But the bank continued providing me one increment after one year of staff of my batch. In these circumstances the punishment of non cumulative effect has been turned as cumulative effect which is illegal and I am getting loss of one increment still for one year. May I go to a criminal court for this damage as my constitutional rights are barred by the bank and they have denied to do me at par with my batch.How can I do it?
Deepak Nair
(Expert) 03 January 2012
No criminal action can be taken in your case.
Sudhir Kumar, Advocate
(Expert) 03 January 2012
You query is vague being silent of the dates. If it is a Govt bank and public servants are running it then the persons in establishment may attract some portion of IPC [public servant disobeying command of law, public etc) a very weak case needing sanction under S/197 Cr PC. As advised by others file a civil suit and solve the issue. At the most after winning the case you can request management to initiate Disciplinary action aginst someone who harmed you by acting excess of penalty.
prabhakar singh
(Expert) 03 January 2012
No! you can not charge them with any crime but civil action lies.
girish shringi
(Expert) 03 January 2012
In your case Labour Laws can be applied.
Take the case to Labour court,and before that try to solve the problem in the Bank itself,and nagotiate.
Banks are after all commercial organisation and the corporate culture sill not evaporated in it,hence I hope any amicable solution may come.
To fight is easy but to convince is very effective for long term relations and reactions.
Raj Kumar Makkad
(Expert) 04 January 2012
As you have already completed your punishment and department is still sticking to wrong interpretation of the punishment so you have suffered a huge financial loss so you can claim for the damages which is possible only under civil law and not under criminal law.
denish
(Querist) 04 January 2012
I think it is damage made to me and to keep me deprived off constitutional rights. If a person is penalized for more than the period awarded to him for penalty I think it would be a criminal offense. I also think that what are the provisions in law if a person knowingly make some one torturing in such a manner why he should not be penalized. Is there any law in IPC or Crpc? Kindly tell so that this type of misutilization of powers may be prevented. Why should I write for inquiry against such official when he becomes retired from the services after I am decreed in the case of civil suit
prabhakar singh
(Expert) 04 January 2012
WHAT YOU 'think' is NOT the LAW then how can we tell you,just try by lodging it to be crime as you are not required to cite IPC provisions before cops responsible to register,they shall short out on theirown if any offence cognizable or noncognizable has been committed or not.
Shonee Kapoor
(Expert) 06 January 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
