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Regarding bank suspension

Querist : Anonymous (Querist) 04 September 2019 This query is : Resolved 
Respected sir
My case is about suspension of my father in prathama gramin bank ...There is a fraud happend in my father branch he was working as a senior manager in that branch the other staff of branch named sharad sharma clerical staff had some betting habit due to which he hacked the password of mY father and other two officers also at same time .He send some rtgs approximately amounted 41 lakhs in other account of other bank to his gangmemebrs .When he was caught then he clearly accepted it that he was the culprit and he hacked the id with the help of other members of his team ....Now bank gave suspension to my father in Dec 2019 he will be going to his retirement now suggest me wat I can do about revocation of suspension or we have to wait investigation of police because f.i.r already lodged in that case ..
Isaac Gabriel (Expert) 04 September 2019
If the investigation is completed the correct picture will be brought to light.Till such time, decision on the retirement could be finalysed.
Dr J C Vashista (Expert) 05 September 2019
Let your father face departmental (internal) enquiry and investigation by police. If there is nothing incriminating transaction against him the department (bank) shall automatically revoke the suspension.
It would be better to consult a local prudent lawyer for proper appreciation of facts, guidance and proceeding.
Sudhir Kumar, Advocate (Expert) 05 September 2019
seems to be repeated

give ref No of earlier query
Sudhir Kumar, Advocate (Expert) 05 September 2019
your father has to face some questions as narrated below

I EXPRESS SO EVEN IF HURTS YOU because you did not come to this site for hearing words suiting your ears.
Sudhir Kumar, Advocate (Expert) 05 September 2019
"he hacked the password of mY father and other two officers also at same time"

How?
Why should everyone not believe that the p/w was voluntarily given and the person is now accepting it to be hacked?
Sudhir Kumar, Advocate (Expert) 05 September 2019
.He send some rtgs approximately amounted 41 lakhs in other account of other bank to his gangmemebrs .

When your father as manager came to know?

Why it took him more than 24 hours to know when he was manager
Sudhir Kumar, Advocate (Expert) 05 September 2019
When he was caught

By whom?
Sudhir Kumar, Advocate (Expert) 05 September 2019
then he clearly accepted it that he was the culprit and he hacked the id with the help of other members of his team

Before whom?
Sudhir Kumar, Advocate (Expert) 05 September 2019

....Now bank gave suspension to my father in Dec 2019

What are terms of conditions of the Bank?
Whether they follow conditions of nationalized bank or Board has own service conditions.
Whether suspension was require to be reviewed or whether it has been reviewed
Sudhir Kumar, Advocate (Expert) 05 September 2019


he will be going to his retirement now suggest me want I can do about revocation of suspension or we have to wait investigation of police because f.i.r already lodged in that case ..

THIS IS AN UNHOLY SITUATION AND HASTY ACTION MAY AMOUNT TO WASTAGE OF TIME MONEY AND ENERGY.


YOU HAVE NOT NARRATED AT WHICH STAGE THE FIR IS. YOU HAVE NOT NARRATED WHO ARE ARRESTED WHETHER YOUR FATHER IS ARRESTED OR NOT.

YOU HAVE NOT NARRATED WHETHER CHALLAN (WITH/WITHOUT YOUR FATHER BEING ACCUSED) IS FILED OR NOT


P. Venu (Expert) 05 September 2019
Investigation cannot be avoided; then only truth would be revealed.
Isaac Gabriel (Expert) 06 September 2019
Nowadays, frauduplent transactions are made using the passwords of fellow employees, and they are entangled in the fraud.Innocent persons are made to suffer because of the clandestine activities.I am conducting a case wherein passwords of more than 15 persons were used by an employee and all of them are suffering though not guilty.Wait for the result of the enquiry/investigation. If found not guilty, your father can get all the retiral benefits.
Sudhir Kumar, Advocate (Expert) 06 September 2019
The views of Mr Gabriel are correct.

But in depttl inquiry one may be guilty even if his p/w is hacked.

(1) First of all he has to prove that the password was hacked and not shared by himself voluntarily/negligently.

(2) Then he (as manager) has to establish his bonafiled :-

(i) When he knew about fraud. (immediately or after sleeping for long)
(ii) How he knew about fraud. (by himself or by someone)
(iii) what he did after knew about fraud.

(3) Then the authorities may like to examine his expediture pattern after fraud. In case it was nationalized bank and in case fraud was handled by CBI this investigation was almost sure.

The querist has not replied the vital questions.


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