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Vijay (Management Consultant)     11 December 2015

Dimissed on the grounds of negligence

My uncle is associated with a PSU Bank for the past 36 years. A fraud was detected in the latest branch that he worked as Assistant Branch Manager where a temporary worker colluded with the Branch Manager and both the temporary worker, branch manager have amassed 2-3 crores of rupees by creating and disbursing loans against customer's deposits. Departmental action is progressing on the branch manager after he was suspended. Vast portion of the fraud amount has also been recovered by the bank from the tainted manager and the temporary worker.

Unfortunately, my uncle, who is the Authorizing officer for a limited stint in the branch has been axed too at the fag end of his career while he was expecting to retire peacefully. My uncle - with just 3 months of service left -  was suspended and later kept under cessation and was recently accorded with the punishment of dismissal on the grounds of negligence in authorizing some of such fradulent entries in the system. It is unfortunate that my uncle became a scapegoat and he has not received any of his terminal benefits yet. No PF, No Pension, No Gratuity, No leave encashment. My uncle is now in a trauma that he could not pass on his genuine benefits to his children and that his reputation is totally tarnished despite servicing the bank for 35+ years with utmost sincerety. He has appealed to the appellate authority in the PSU bank and he is awaiting for any favorable decision considering that he is neither the sanctioning authority of loans nor the disbursing authority. His role was limited to counter work and he was the authorizing officer of system entries.

If he is not pardoned by the bank's appellate authority, he has no other option but to start a legal battle with his own employer. He is seeking for the expert opinion on - which court to start this battle, average number of years it can take in such matters, percentage of success in such genuine cases where the employee is not even a party to the fraud, but, was dismissed irrationally.

Thanks in advance.



Learning

 7 Replies

Sudhir Kumar, Advocate (Advocate)     12 December 2015

It is not clear whether your uncles is charged with negligence or with connivance.  You have probably not seen that chargesheet.

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In case he has been charged with connivance then penalty of removal is not high.

 

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please see chargehseet and then discuss.

 

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further more for  quantum of punishement  much hope can be there in Appellate Authority and court cannot beexpected to enter into the same.

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you have not commented if there had been lapse of procedure.

1 Like

Kumar Doab (FIN)     12 December 2015

Engage the services of an able counsel specializing in Labor-service matters and well versed with such matters/SCN/Domestic Inquiry etc and avail the servcies of a seasoned and competent 'Defence Assistant'..................................shwo all docs on record and build favorable written record.

The escape shall be slow.

Maintain  pateince and composure.

 

Mr.Sudhir Kumar has been posting in such matters and if you wish and if he agrees you may discuss.

 

1 Like

Vijay (Management Consultant)     13 December 2015

In reply to Mr.Sudhir Kumar.

Sir - Entire set of charges ascertained by the Disciplinary Authority are related to deviations in procedures, negligence. There is no reference of connivance or fraud on the part of my uncle.

My uncle has appealed to his bank's appellate authority and he is currently awaiting for any favorable decision considering that he is neither the sanctioning authority of loans nor the disbursing authority.

His role was limited to counter work and he was the authorizing officer of computer based system entries. It is evidently known to the higher management that the branch manager (as the sanctioning authority) & the temporary worker forged the customer's signatures and prepared vouchers which were passed by clerks from one counter to another which were approved by my uncle with the consent of the branch manager. Finally, the cash was disbursed by the cashier.

During the day-end routine, there was not even a single complaint from either the branch manager or the customer. There is not a single finding from periodic audits in the branch. There is no problem reported whenever a new manager took charge.

Suddenly in 2014, when one customer found the fraud being implicated by the temporary worker, a series of events unfolded and several complaints poured in for disbursements from 2011 onwards ! Subsequently, the entire fraud amount has been recovered from the manager & temporary worker. And now, the sub-staff associated with the branch since 2011 have all become scapegoats !

If my uncle is not pardoned by the bank's appellate authority, he has no other option but to start a legal battle with his own employer. He is seeking for the expert opinion on - which court to start this battle (High court? or any other labour court in his native place?), average number of years it can take in such matters, percentage of success in such genuine cases where the employee is not even a party to the fraud, but, was dismissed irrationally.

Thanks in advance.

Kumar Doab (FIN)     14 December 2015

You may get hold of 'SOP' and training manuals describing how the paperless/vochers in form of system enteries flow on internal computerized network of the bank and establish that there was no deviation and negligence.................................in inquiry/appeal itself.

 

The entire amount has been recovered from actual befeciary from illegal practise.

 

it is reiterated that............................................ 'Engage the services of an able counsel specializing in Labor-service matters and well versed with such matters/SCN/Domestic Inquiry etc and avail the servcies of a seasoned and competent 'Defence Assistant'..................................shwo all docs on record and build favorable written record.'

 

This service may not be free of charges.

 

You shall have to settle your T&C,fee etc on your own.

Vijay (Management Consultant)     14 December 2015

In reply to Mr. Kumar Doab

Sir - Sure, will advise to prepare as many data points as possible to support the fact that there are no deviation and negligence.

Please advise which court to start this battle (High court? or any other labour court in the native place?)

Thanks in advance.

Kumar Doab (FIN)     15 December 2015

Some suggestions have already been made.

Have you engage the services of an able counsel specializing in Labor-service matters and well versed with such matters/SCN/Domestic Inquiry etc ...?

 

If you have not then that is first thing you should do!

 

Your able counsel shall guide you further.

 

As per your posts you are still in appeal.

 

Have you contracted an able counsel so far?

If yes what is the opinion of your counsel?

 

 

 

Sudhir Kumar, Advocate (Advocate)     15 December 2015

THE CASE WILL BE FILED IN HIGH COURT

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