Termination from job

Ajay Kumar (Querist) 28 April 2021 This query is : Resolved
I m working in a bank as bm, due to some family problem I shared my password with my team for attendance mark, no fraudulent activities done only for attendence mark, can bank terminate me on the basis of this , even I have resigned from the bank , serving the notice period, on the last day of my notice period they starts investigation for password sharing

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An employee shared their bank password with a team member solely for attendance marking, without any fraudulent activity. Despite having resigned and being in their notice period, the bank has initiated an investigation on their last day. While sharing passwords is a serious breach, especially in banking, the lack of fraud and a prior warning memo might offer grounds for defence. The employee is seeking advice on whether termination is likely and if they can challenge it in court, especially if the investigation is reopened.

Dr J C Vashista (Expert) 28 April 2021
In case there is no fraud has been committed by using your password, no such harsh action (termination) shall be initiated, despite the fact you has shared confidential information.

Ajay Kumar (Querist) 28 April 2021
Thanks sir, no fraud and no confidential information shared..... but they are saying , toughest action will be taken , that's why I m concern. If they terminate me , can I challenge that in court

Pradipta Nath (Expert) 28 April 2021
Password has to be shared in concurrence with the authority, else not. Anyhow when you have already resigned, termination can't effect your resignation or supersede it.

Ajay Kumar (Querist) 28 April 2021
Will I get releving letter. In case of termination , can I challenge the same in court.

Pradipta Nath (Expert) 28 April 2021
Obviously you can challenge.

P. Venu (Expert) 28 April 2021
An investigations entails that you will have an opportunity to be heard. Please note that gross negligence amounts to fraud.

Ajay Kumar (Querist) 28 April 2021
Will that leads to tarmination or ask to go.... Termination will leads to difficult in find job or no job......

kavksatyanarayana (Expert) 28 April 2021
The punishment will be depended on the findings of the inquiry. But I opine, the action of termination may not be taken.

ashok kumar singh (Expert) 28 April 2021
agreed with views of earlier experts,
therefore no further comments,
thanks

Ajay Kumar (Querist) 29 April 2021
In Jan my Regional head issued warming memo to me throught mail for password sharing for attendance, cc all the compliance head but as I refused to take back my resignation they started investigation on the last day of my notice period. If I got warning memo from my senior then they can again take action on the same matter again or Regional head warning memo has no value. I had words with my reginal head about the same he said compliance head didn't accepted my warning letter despite that all compliance team were cc on that mail. Now with intension they are harrassing me on password sharing. Plz guide can I go to court if they terminate me or reopen the case ssecond time on, on my last day of notice period.

Ajay Kumar (Querist) 30 April 2021
In Jan my Regional head aleady issued warming memo to me throught mail for password sharing for attendance, cc all the compliance head but as I refused to take back my resignation they started investigation on the last day of my notice period. If I got warning memo from my senior then they can again take action on the same matter??. I had words with my reginal head about the same he said compliance head didn't accepted my warning letter despite that all compliance team were cc on that mail. Now with intension they are harrassing me on password sharing. Plz guide can I go to court if they terminate me or reopen the case ssecond time on, on my last day of notice period.

Pradipta Nath (Expert) 30 April 2021
You have been made enough obliged. Now please seek a paid up conference with an Advocate in this forum or as per your choice.

Ajay Kumar (Querist) 30 April 2021
Sir this is my last query plz reply.

In Jan my Regional head aleady issued warming memo to me throught mail for password sharing for attendance, cc all the compliance head but as I refused to take back my resignation they started investigation on the last day of my notice period. If I got warning memo from my senior then they can again take action on the same matter??. I had words with my reginal head about the same he said compliance head didn't accepted my warning letter despite that all compliance team were cc on that mail. Now with intension they are harrassing me on password sharing. Plz guide can I go to court if they terminate me or reopen the case ssecond time on, on my last day of notice period.

krishna mohan (Expert) 03 May 2021
Sharing password is a serious issue as everything happens digitally. So talk to your superiors and amicably close the issue since no fraud is committed. But marking attendance without presence is also can be termed as fraud. So handle carefully.

T. Kalaiselvan, Advocate (Expert) 20 May 2021
Sharing of password with subordinate staffs is an illegal act.
There are various complications in this, especially when there is a misuse of password by the person who misuses the password.
As per banking regulations it is an offence hence the department may take suitable action as per the rules and regulations.
You may try for compromise and work out an amicable solution instead of stretching it too far which may ruin your career.

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