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What legal recourse do private sector bank employees have with regard to disciplinary action? - CiteHR

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userbbsr
I work in a pvt bank in india. i have been suspended for my negligence,which arose mostly due to my ignorance as i was still in probation when i joined this branch and was atrociously misguided by my boss.he will lose his job.but i am afraid that the management may do away with my services also,which i feel would be unfair. even though there is an elaborate mechanism existent in india for redressal of grievances of public sector bank employees,what legal recourse do private sector bank employees have with regard to disciplinary action that they feel are excessive and unfair?
From India, Bhubaneswar
saswatabanerjee
2358

It is very difficult to make any comment when we do not know what you actually did or didn’t do. If you post the real circumstances we can probably give a reasonable suggestion.
From India, Mumbai
tajsateesh
1641

Hello,
Like Saswata Banerjee mentioned, it's tough to guide you with ACTIONABLE suggestions without more details.
Especially since you work in a Bank......PSB or Private Bank isn't the issue here at the moment........did your negligence result in any financial issues/loss to the Bank? If Yes, then more details are a MUST before any member can give suggestions.
Having said this, Nathrao's suggestion asking you to 'write to your higher management explaining your circumstances & facts' will surely form a part of the solution......but the content will depend on the details.
Rgds,
TS

From India, Hyderabad
NK SUNDARAM
569

Here, we have heard, that too very vaguely, about your side of the story. We do not have the Management's version. Was there any cost involved or was there any major incident which resulted in loss of money, or credibility of the bank. We can give an honest opinion, only when we have infor from both the sides.
From India
arvind001
please help me for manpower outsourcing proposal....................................................
From India, Bangalore
ravind7@gmail.com
15

You sound confident In your statement that your boss will lose his job, directly or indirectly you are involved too. I could only imagine a serious misconduct were committed by both of you.
Before the bank issue you a show cause letter, as suggested by Mr Nathrao, you should approach your management and explain your reasons.
Law will always be fair to employees but again as Seniors have mentioned it depends on the nature of offence committed.

From Malaysia, Kuala Lumpur
userbbsr
firstly,yes i am confident the manager will lose his job as he has been proceeded against legally already.he has plead guilty of having perpetrated the fraud singlehandedly,without anybody's knowledge.

yes,the bank is going to lose a large amount of money.while the manager did it in a premeditated manner,my inexperience,ignorance and negligence was also instrumental to an extent.because the branch was a new one and was handled entirely by first timers (the manager being the only exception) it continued over a long period of time.

its a case of fraud.i was hardly 10 months into my job when i was transferred to this branch.i joined my organisation as a probationary officer where the stipulated probation period comprises of 24 months.the fraud is said to have continued over a period of 21 mnths,and i was there for the entire period.It maybe noted that out of those 21 months,i was in probation for 14.i relied on the guidance of the manager (who already had an experience of 6 odd years in the bank) for discharge of my duties in the branch.during this period the branch had been visited by auditors twice and they had found the branch free from serious issues.but suddenly in the earlier part of this year a fraud involving a huge amount was unearthed.it was revealed that the branch head had perpetrated the fraud misusing the login credentials of some officers,i being one of them.though others escaped by saying that they had not shared their passwords (even though they had) i am in trouble as i admitted to having shared password only under urgent situations when the branch operations would have been stalled had i not.i was charged with having broken extant rules,dereliction of duty and working perjudicially to the employer's interest.An inquiry was ordered and the inquiry officer found me guilty of having broken extant rules,dereliction of duty for which the fraud being perpetrated by my supervisor went unnoticed.

i have put across my explanation and position ,emphasising the fact that due to circumstance prevalent at that point of time like manpower shortage,workload,urgency of the situation i had to share my login credentials,which i was confident would not be misused by a senior.i also pointed at my relative inexperience,role of the manager in misguiding me in areas where i had no prior experience. i have also pointed out other flaws that the inquiry was suffering from.for eg the management side has failed to produce any evidence relating to negligence yet the inquiry officer has held me guilty of the same.my defence representative,who himself is an officer in the bank told me it's natural for the inquiry officer to hold you guilty of charges as he also is a unit of the mgt.

it is clear that the management is not amenable to any rationalising,reasoning etc.it is also clear that the inquiry process where you are supposed to get a fair hearing,in this case turned out to be just an exercise in tokenism so that if tomorrow i approach the court of law alleging bias or unfairness they can insist that principles of natural justice have not been violated in this case.

From India, Bhubaneswar
tajsateesh
1641

Hello,
It's a clear & exhaustive account of what transpired.
Firstly, have you consulted any Advocate--formally or informally? If No, I suggest you do so ASAP.
Prima-facie, it does look like that you are in serious trouble.....'right' or 'wrong' isn't the issue in such cases.
Since you said the manager has 6+ yrs exp in this Bank, he surely will try to find a scapegoat......which COULD be, frankly, YOU, others having taken the stand that they have not shared their passwords.
Even though he MAY pretty well know that he will be the MOST effected, such guys......from the criminal psychology perspective.....tend to pull-in others with the hope that they CAN get lesser punishment.
Suggest wait for other members to respond.
Rgds,
TS

From India, Hyderabad
saswatabanerjee
2358

The banks have very strong security rules
One of that is not to share passwords and that you are responsible for all actions done in your login.
You have shared that, and a massive fraud is conducted through it.
You have admitted to sharing the login.
So naturally from the point of view of the bank, you are guilty and liable to termination. They can if they wish take legal action against you.
While it is always good to take the advice of an advocate (we still don't know what actually happened at the bank), I do not think you can do anything.
You need to go and speak to HR and to the operational head of your zone. Speak frankly and find out what your future is with the bank. If they are not interested in retaining you, resign and find another job.

From India, Mumbai
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