Suspension

Querist : Anonymous (Querist) 04 November 2010 This query is : Resolved
Dear All

I had been working with a leading Private Sector Bank at one of their branches in Uttar Pradesh

In June 2009 I was accused and subsequently put behind bars as an undertrial in a Criminal Case of murder and rape. The trial was concluded in July 2010 and I was acquitted of all charges by the Honorable Sessions Court at Ghaziabad. During the pendency of the trial my employer suspended me w.e.f August 2009.

During the trial the employer paid me full salary month on month. I have now joined the organisation back and have started reporting to work.

Now the HR Dept says that Salary paid to me was an error and the Banks policy does not provide for any salary to be paid under suspension.

They further maiantain that if I wish to continue my employment with the bank and get my suspension revoked, I need to repay the employer, Salary for all 15 months.

This amount is sizeable and I m in no condition to pay this.

Please advise if the employer has the right to make such a demand and what are the legal remedies available to me.

Please also advise if I can be made to suffer for some mistake at the employers level especially when there has been no formal communication to me or my family in this regard

The employer is Public Ltd company with Registered Office in Mumbai

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adv. rajeev ( rajoo ) (Expert) 04 November 2010
It is absolutely rubbish from the bank , but banks policy is like so you cannot do anything, You say that you can deduct the paid salary from the monthly salary in instalments.

s.subramanian (Expert) 04 November 2010
I agree.

Kirti Kar Tripathi (Expert) 04 November 2010
please clarify whether any disciplinary proceedings was conducted by the bank or not and there exist any order.

Uma parameswaran (Expert) 04 November 2010
It is the mistake of the Bank.Go through the norms existing in the bank regarding this.You can reply to the notice about your inability to pay and request for instalment as per the advise given by Expert .Rajeev.

R.Ramachandran (Expert) 04 November 2010
You have to indicate the period during which you were in jail. Obviously, during that period you did not serve in the bank. Therefore you would not be eligible for any salary for that period. So take this point also into consideration and then proceed.

Raj Kumar Makkad (Expert) 04 November 2010
Error on the part of employer or employee can be corrected at any stage if brought to its knowledge and otherwise also banks are based on the pillar of faith and truthfulness. If an employee has wrongly been paid full salary for the period he was behind bars in a serious criminal case and was even suspended during that period then he was entitled for the subsistence allowance subject to the duty of the bank had he been on bail. But in the given case, you remained whole time in jail and were released or you joined your duty only after acquittal so you are not entitled for the grant of any salary for that period. You request to the relevant authorities to recover the wrongly paid salary in installments rather starting a wrong front with them.

Devajyoti Barman (Expert) 05 November 2010
yes

DEFENSE ADVOCATE.-firmaction@g (Expert) 06 November 2010
No it was also fraud on your part since accepting the salary even during suspension.

No knowledge of law is not excuse.

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