Need guidance on termination

Dear Querist,

Assuming that the bank would initiate departmental proceedings against you, which finally result in dismissal from services, then, the bank may either pass an order of "dismissal which does not entitle you from future employment" or without such condition. Since you have decided to proceed on leave without pay for a period which would result in unauthorised absence being a major misconduct, then, the risk would be at the time of passing of final order by the discipliary authority. Further, if such an order of punishment is brought to the notice of your future employer, i.e., when the future employer gathers information from your current employer, then, it would have adverse effect on job prospects.

Best

If the bank approves leave without pay bank shall expect you to resume duty after leave. If you do not join bank shall complete the process, declare you absconding and terminate you.

You may carefully go thru the contract of employment. Probably you have signed a bond. It is felt that if you abscond you shall still be liable to pay the bond amount.

You have posted that you are running a company. This is a serious misconduct.

It can spoil your chances of job in future.

yes, there is a bond of Rs. 50000/-plus i need to give 3 months salary. total amt is around Rs. 1 lac. i dont want to pay it. My another frnd left the bank. the bank gave him 2-3 notices and terminated him. as of now, he is working in Infosys. how did he get the job after termination. he was also liable to pay amount which was more than 1.5 lacs. he didn't pay a single rupee.

Another thing is, though i am running a software company, why should bank has any objection on doing any type of business at employee level? is there some condition that an employee cannt do business of its own?

yes, there is a bond of Rs. 50000/-plus i need to give 3 months salary. total amt is around Rs. 1 lac. i dont want to pay it. My another frnd left the bank. the bank gave him 2-3 notices and terminated him. as of now, he is working in Infosys. how did he get the job after termination. he was also liable to pay amount which was more than 1.5 lacs. he didn't pay a single rupee.

Another thing is, though i am running a software company, why should bank has any objection on doing any type of business at employee level? is there some condition that an employee cannt do business of its own?

yes, there is a bond of Rs. 50000/-plus i need to give 3 months salary. total amt is around Rs. 1 lac. i dont want to pay it. My another frnd left the bank. the bank gave him 2-3 notices and terminated him. as of now, he is working in Infosys. how did he get the job after termination. he was also liable to pay amount which was more than 1.5 lacs. he didn't pay a single rupee.

Another thing is, though i am running a software company, why should bank has any objection on doing any type of business at employee level? is there some condition that an employee cannt do business of its own?

You have posted that "Another thing is, though i am running a software company, why should bank has any objection on doing any type of business at employee level?"

You may go thru your appointment letter carefully. Contract of employment prohibits parallel employment/ventures, and authorizes employer to sue the employee.

You may have your own feelings, but the fact is that this is serious misconduct.

It is suggested that you should remain amiable. Do not expose yourself. Line management may not be vindictive. However even if someone whispers to the employer it shall be difficult to ignore and employer shall be constrained to initiate action, and you shall be trapped in litigation and exposed to outcome of litigation. You may discuss with elders in the family. You may proceed as deemed fit.

Why don't you do business in the name of some of your family member?  It should not be an obstruction to the work you do in the bank, that is all they want.  But even if that does not become an obstruction or their work, it will be an objection if the business is in your name and if it comes to the notice of Bank.  So better do business in the name of wife or mother while continuing to do the bank job without letting the Bank know that you are doing a business.

You get out of misconceptions :-

(i) You are Govt bank employee andnot permitted to do business. Please refer to the CDA Rules of the Bank.

(ii) Even if you do business n the name of family member still it can be proved by your vigilance that you are actually doing business still action will lie against you.

(iii) You do not have any right to get terminated for being on leave without pay fro three months.

(iv) If you proceed without leave even then you may not be terminated rather liable to be dismissed (or other lesser penalty) after chargehseet and inquiry.  Dismissal is different from termination which is bar for future employment in Govt sector.

I do not know how similar can your case be to the firend who got terminated easily.