hello sir. i was working as manager in bank. in 2019 december i was on leave due to personal issues, i had provide same details along with some necessary details . later in jan end 2020 i received suspension letter stating that there some irregularites in loan accounts and transactions and you will get 1/3rd salary and at the same time they had kept hod on my bank account too. i was sick and couldnt go to head quarters of my branch, later covid lockdown, i didnt receive single penny into my account . i was suffered with covid too at that time s asked many times to release the salary so they finaly realease salry on may end1/3rd but said that i can utilise it only if ill in head quarters i said how can it be possible during this lock down. no one responded. later at the end of july month i receieved charge sheet saying that i there irregularites send your reply to the charge sheet. that is after almost 6months i rreceived after suspension letter. i replied to it but they said its not satifactory what you have sent. inquiry will be done. i said okay, but by the time please release my account hold so that i can live, i dont have any support i mean no parents no one. i'm requesting from that time to till date but no response . i'm again tested postive for covid this time too, not havnig single penny to get treated. dont know what to do, no saving, no insurancce. pleassee help me what to do. i cant even go tto head quarters due to this allegations i lost my quarters too, where i can live ?
A.Though as per service rule till pendency of inquiry bank can order for one third salary and subject to out come inquiry subsequent orders for dismissal etc can be passed but in no circumstance withhold the released one third salary during inquiry. The act of bank is illegal. You can lodge complaint to bank ombudsman for release of withhold salary and can also report the matter to police. Take assistance of any if your colleagues in inquiry and you can also challenge inquiry and orde of inquiry officer.
A.Hi,
You should send a legal notice detailing all events and should approach the Labor Commission directly since the acts of the employer are unreasonable and against the Industrial Disputes Act.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi, You can send a legal notice explaining your inability to report to the office due to lockdown. Moreover, if the amount is rightly yours then the employer cannot delay payment of the same. If there is no compliance of the legal notice you should approach the Labor Commission immediately.
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Rishi Vaishnav
Responded 3 years ago
A.Dear sir, you have very strong case in your favour. I advise you to contact a lawyer for filling a writ petition before hon'ble high court. You must know that if you have been suspended for any reason and a period of six months have already been passed, then your employer has to take final decision or they have to revoke all the charges leveled against you. I wish you all the best.
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