Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Termination of service from bank

respeted sir,

i hav joined allahabad bank as agriculture field officer (A.F.O.) on 22 :06:2010in which my probation is for 2 years.on 20:11:2011 cbi registered a trap case against me u/s 7 & 13 of p.c.act 1988.subsequently i hav suspended . after released on bail on 24:02:2012.i hav written an application to my employer to allow me to join bank service.but they hav terminated me from bank service on 18:06:2012 saying in termination order that you are not fit for confirmation as your integrity & honesty is doubtful.and said that you hav unconditionally acepted terms and conditions of joining in your joining letter that you may be terminated at any time of your probation without assigning any reason. it is written in joining letter that you may be terminted from bank service without assigning any reason. i hav received termination order personally.i hav terminted without any departmental enquery, no showcause notice issued to me , no charge sheet,no any opprtunity of hearing of my point of view.only on basis of joining letter's condition i hav terminated.CBI case is still running in cbi court and no any conviction till now

                                  now in this situation what should i do.is this this termination is valid as per law of natural justice?.what strenth my case hav  if i decide to file a writ application in high court.please give me your valuable advice.                                                                               pankaj



Learning

 4 Replies

JANAK RAJ VATSA (ADVOCATE)     22 August 2012

dear pankaj, please mail me your termination letter and also the appointment letter for an effectual legal advice. my email id is "' coljrvatsa@yahoo.co.in '.

Kumar Doab (FIN)     22 August 2012

Mr. Dalmia has given valuable advice. Kindly follow it.

You have posted that:

--“ But due to salary issues I was not able to countinue. I mail to director of th company for my salary., but there was not any appropriate reply from them.”

Did the company not pay you salary after joining? If yes the employer is unworthy of being employed with.

--“ I joined there 23rd of April 2012 and stop going to countinue 26th of Jun 2012.”

What is the notice period mentioned in your appointment letter? Did you submit resignation under acknowledgment? You should not have stopped attending office without proper communication under acknowledgment.

The company might have squared off your dues with notice pay or it might have declared you absconding and insert documents in your personnel file and may quote some policy to deny payments to you.

As the company is maintaining a studied silence you need to extract an answer form company. It shall be appropriate to show the emails sent by you to director and his replies to a labor consultant/service lawyer.

 

 

 

 

Mr. Vatsa has given valuable advice. Kindly follow it.

You have already read the reason "i hav terminted without any departmental enquery, no showcause notice issued to me , no charge sheet,no any opprtunity of hearing of my point of view."

Bank has written the reason in termination order "they hav terminated me from bank service on 18:06:2012 saying in termination order that you are not fit for confirmation as your integrity & honesty is doubtful.and said that you hav unconditionally acepted terms and conditions of joining in your joining letter that you may be terminated at any time of your probation without assigning any reason."

Bank has done somehow something good by writing it. It shall be appropriate to  approach a competent and experienced lawyer.

 

 

Kumar Doab (FIN)     22 August 2012

 

 

Regret that some error has happenned while submitting the above post.Kindly read the post as given below:

 

Mr. Vatsa has given valuable advice. Kindly follow it.

You have already read the reason "i hav terminted without any departmental enquery, no showcause notice issued to me , no charge sheet,no any opprtunity of hearing of my point of view."

Bank has written the reason in termination order "they hav terminated me from bank service on 18:06:2012 saying in termination order that you are not fit for confirmation as your integrity & honesty is doubtful.and said that you hav unconditionally acepted terms and conditions of joining in your joining letter that you may be terminated at any time of your probation without assigning any reason."

Bank has done somehow something good by writing it. It shall be appropriate to  approach a competent and experienced lawyer.

radha (freelancer)     23 August 2012

SC has delivered a judgement in a case of termination of bank employee.

You may find it interesting.


Attached File : 759380987 termination manju saxena hongkong & shanghai banking ... vs govt.of india & anr. on 18 march, 2009.pdf downloaded: 161 times

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