90,000+ Legal Questions Answered

Service matter - EX banker Service matter - EX banker

10 months ago

Service matters
I am an, EX banker. I have taken promotion to officer cadre in Sep 2015. In oct 2018 the bank dismissed me from services. A criminal case for misappropriation of Rs 58162/- has been filed on me in Sep 2017. The amount of Rs 58162 has been recovered from my OD Account in July 2017. The case is still in procedure. The Bank did not recover any other amount nor asked me to pay any amount. After promotion the bank did not pay the officer pay even till the time of dismissal. in year 2020 the bank created a lien/hold on my saving account stating that the OD account became NPA. The OD account was closed is Sep 2020. when I asked the bank for reason of the hold the bank replied that the Hold amount pertains to Fraud amount 58162. I replied bank along with statement of Recovery from my OD account and asked to remove the hold. The bank Did not respond to me till then. Suggestion me how can I get the difference in pay Amount? And also, how can the Hold or Lien can get removed.

Legal Counsel Vidhikarya

Responded 10 months ago

View All Answers
A.Dear Client,
Once an employee is charged with criminal prosecution for any misconduct, it puts a stigma on his service career/record that disentitled him from all the service-linked benefits until and unless he is acquitted from the criminal charges by the Court. The criminal prosecution is still subjudice/pending before the trial Court and it appears that on the basis of an interim order of the Court, the misappropriated amount was recovered from your OD Account and when the said OD account is not repaid, it is marked as NPA and the Bank created a lien on your SB A/c. So, until and unless a final order is passed by the trial Court acquitting you from the criminal charges, your all claims for removal of lien from SB A/c including the difference of pay can be withheld by the Bank. You need to consult with an Advocate to pursue the matter with the Court for its early disposal.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

View All Answers
A.Dear client,

Regarding the difference in pay amount:

Gather evidence: Collect all relevant documents, including your promotion letter, salary slips, and any communication with the bank regarding your pay.

Review your employment contract: Examine your employment contract and any relevant policies or agreements to understand the terms and conditions of your promotion and pay.

Approach the bank: Contact the bank's HR department or the appropriate authority responsible for addressing employee grievances. Inform them of the issue and provide the evidence to support your claim for the difference in pay amount.

Seek legal advice: If the bank does not respond or does not resolve the matter satisfactorily, consider consulting with an employment lawyer. They can advise you on your rights and options for seeking the difference in pay through legal channels.

Regarding the hold or lien on your savings account:

Request clarification: Write a formal letter to the bank seeking clarification on the reason for the hold or lien on your savings account. Ask for detailed information and documentation supporting their claim.

Provide evidence: Present evidence, such as the recovery statement from your OD account, to show that the amount in question was already recovered.

Escalate the issue: If the bank does not respond or does not remove the hold, escalate the matter to higher authorities within the bank or the banking ombudsman, if available in your country.

Legal assistance: If the issue remains unresolved, consult with a lawyer who can assist you in resolving the matter through legal means.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconDual Employment done in 2021 for 2 months
Dear Client, There is no overarching law that prohibits a person from doing multiple jobs. It is not illegal however both companies should not have the clause “cannot take up work full time in some o...
question iconFalse civil case to prevent sale of the property
Dear Client, To address a false case or complaint filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. Secti...
question iconCHit Fund
Dear Client, When a person issues a cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque i...
question iconTerrace rights
Dear Client, The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of a multistoried building. Legally, a Landowner or Builder...
question iconDisciplinary process for officer rank employee and a management staff.
Dear Client, Holding a managerial position in the company, you have to pursue your grievance in respect of fairness or unfairness of disciplinary proceedings that ended up imposing harsh punishment be...