Suspension
truman
(Querist) 18 December 2013
This query is : Resolved
A friend of mine who was an officer in a nationalized bank was arrested on suspicion planting a letter in his residence and after interrogation the CBI found him innocent and had not taken any action against him and also erased the arrest record in the charge sheet that was filed as a calender case in the CBI court. The planted letter was proved as an anonymous letter by the Expert opinion of GEQD/Hyderabad.
The bank had wrongly suspended him stating that a criminal case was filed against him, but in fact no case was filed against him as stated earlier. After dilly dallying the bank had reinstated him without salary for the suspended period.(5 Years)
He opted for VRS-2000 and made his offer treating the suspension period as one spent on duty. The bank had agreed the offer but made payment treating the % years as not on duty and never paid the back wages also.
The matter is coming for final hearing and will somebody give him some advice?He is appearing as party in person due monetary constrains.
Sudhir Kumar, Advocate
(Expert) 18 December 2013
let your fridn make a query you may not be aware of full facts and the advise so gtiven may not be suitable to his case.
Devajyoti Barman
(Expert) 19 December 2013
Daily posts are made on the pretext on posting it on behalf of friend when the author is himself the person concerned.
Devajyoti Barman
(Expert) 19 December 2013
If your ' friend' is aggrieved by the disbursal of retiral benefits he can challenge the quantum in high court by writ petition.
Rajendra K Goyal
(Expert) 19 December 2013
Whether Bank has taken / started any departmental disciplinary proceedings against your friend during or after suspension. If so what was the inquiry report. Without conclusion of any departmental disciplinary inquiry, Bank is not justified in not paying full pay to the employee merely on the pretext that he was arrested.
Guest
(Expert) 19 December 2013
Why your sufferer friend is not coming forward with the true story of his plight. Communication gap with the sufferer cannot be avoided, if he wants to come through mediator like you. He should narrate his story himself. He should better meet personally with some service law expert by showing him the case related papers, as interpretations about the case with reference to the case related papers by the expert may be quite different than what you or your friend may be understanding to suggest you correct line of action.
truman
(Querist) 19 December 2013
Thank you experts for your time.We are overwhelmed by your spirit to help the needy.I have asked my friend to contact the experts directly. As he was complex-ed about the situation I used my query to start up the issue initially and now with so many good hearts to help, my friend will come out of his shyness and contact the site. Thank you, Thank you so much law pundits acting with both brain and heart.
Raj Kumar Makkad
(Expert) 20 December 2013
We shall definitely attend your friend and shall advise him best possible advice as per facts submitted by him.
Guest
(Expert) 20 December 2013
Friend in need is friend indeed
Sudhir Kumar, Advocate
(Expert) 22 December 2013
A friend in need can be friend in deed, if he really seeks sound advise by giving full facts.
Anyone posing as friends and getting advised based on half facts gets half backed advise which may not be suitable (rather causing damage) and he may prove to be
Unfriendly in need is unfriendly in deed
YOUR QUERY IS DEVOID OF VITAL FACTS BECAUSE OF WHICH NO SOUND ADVISE CAN BE GIVEN.
Sudhir Kumar, Advocate
(Expert) 22 December 2013
YOU SAID
was arrested on suspicion planting a letter in his residence
YOU NEVER SAID
(I) What was the letter
(II) Where it was planted
(III) What damage it was causing to anyone
YOU SAID
and after interrogation the CBI found him innocent
YOU NEVER SAID
(I) Whether any FIR is made
(II) Whether he was formally arrested or not.
(III) Whether his disclosure lead to anyone being arrested or prosecuted
YOU SAID
and had not taken any action against him
YOU NEVER SAID
(I) How do you know that CBI has not recommended any DP or administrative action.
(II) Whether you or your friend had seen CBI report which is not even admissible under RTI or to be shown to the accused at any stage.
(III) Whether CVC consultation is involved.
(IV) Whether CBI report been accepted by CVC and the deptt.
YOU SAID
and also erased the arrest record in the charge sheet that was filed as a calender case in the CBI court.
YOU NEVER SAID
(I) What do you mean by erasing record of arrest record.
(II) Whether any chargesheet is filed
(III) If filed against whom
(IV) Whether your friend is (not accused) as witness in said case.
YOU SAID
The planted letter was proved as an anonymous letter by the Expert opinion of GEQD/Hyderabad.
YOU NEVER SAID
(I) What was the letter.
(II) Have you seen GEQD report.
YOU SAID
The bank had wrongly suspended him stating that a criminal case was filed against him, but in fact no case was filed against him as stated earlier.
YOU NEVER SAID
(I) Whether at all any FIR was registered
(II) If registered against whom.
YOU SAID
After dilly dallying the bank had reinstated him without salary for the suspended period.(5 Years)
YOU NEVER SAID
(I) When was he suspended when reinstated.
(II) Whether suspension was regularly reviewed or not
(III) Whether any depttl appeal /court case was made during these five years against the suspension.
(IV) Whether the competent authority while reinstating him passed formal order of treating the period as without duty or has kept quite.
(V) Whether your friend agitated against the same, if so when and where
YOU SAID
He opted for VRS-2000 and made his offer treating the suspension period as one spent on duty.
YOU NEVER SAID
(I) When your fiend made this offer.
(II) Whether VRS offer was open
(III) Whether your friend opted in any golden handshake offer or simply sought VR like any other employees (even without VRS-2000).
(IV) Whether your friend was convinced that there is no other way by which he can get backwages.
YOU SAID
The bank had agreed the offer but made payment treating the % years as not on duty and never paid the back wages also.
YOU NEVER SAID
(I) How bank agreed to offer, any written document from competent authority.
(II) What you meant by % years.
YOU SAID
The matter is coming for final hearing and will somebody give him some advice?
YOU NEVER SAID
(I) Whether any case is filed
(II) Where it is filed
(III) On what cause of action it is filed
(IV) What relief is sought
(V) On what grounds the relief is sought
YOU SAID
He is appearing as party in person due monetary constrains.
YOU NEVER SAID
(I) Whether he tried to seek free legal aid.
Sudhir Kumar, Advocate
(Expert) 22 December 2013
So you have jumped to seek advice for your friend without vital facts.
Devajyoti Barman
(Expert) 22 December 2013
yes, now reply the queries raised above.
