My brother is working in a Gramin bank
8 months ago
My brother is working in a Gramin bank. Due to some verbal spat with Regional Manager , my brother was suspended from service as per recommendations of Regional Manager. Enquiry was going on. In between the Regional Manager got promoted. My brother appealed to the Apex authority I e chairman of the bank to withhold the promotion of Regional Manager till the enquiry outcomes . The bank suspended my brother again and started enquiry again. The bank has punished my brother by bringing his basics to the initial level with cumulative effect of five years and also mentioned that future increments post 5 years also may not be passed on. We are going to file a case in high court. Whetgher bank can punish in such way for appealing for withholding promotion when the matter is under subjudice. The bank might not have considered the appeal if does not fit on merit. Bank might have issued a warning letter. Rather bank has suspended and enquiry conducted for the sake of formality and punished harshly. Can you suggest how to approach in the case. We have appealed to the board of directors for allowing for a personal hearing and it is yet to be replied
A.Dear Client,
In cases where an employee appeals to the higher authority or files a complaint related to a matter, and then faces adverse actions from the employer such as suspension or punishment, it is important to consider several factors:
1. Internal Policy: Review the internal policies of the bank, including the applicable service rules, code of conduct, and disciplinary procedures. These policies typically outline the process for resolving employee disputes and may provide guidance on the appropriate action that should be taken by the bank during the pendency of an appeal or complaint.
2. Applicable Laws and Regulations: Consult with a legal professional to determine the relevant laws and regulations that apply to this situation. Employment laws, including laws regarding unfair treatment, disciplinary actions, and due process, may offer protection to employees.
3. Procedural Fairness: Assess whether the bank followed fair procedures and observed the principles of natural justice during the disciplinary proceedings against your brother. This includes providing adequate notice of the charges, an opportunity to be heard, and a reasonable opportunity to present evidence and defend his position.
4. Personal Hearing: If you have appealed to the board of directors for a personal hearing, it is important to await their response and consider their decision. A personal hearing can provide an opportunity to present your brother's case and address any concerns or issues directly to the decision-making body.
5. Legal Remedies: If you believe that your brother's rights have been violated or that the bank's actions were unjust, you may consider filing a case in the High Court. Consult with a legal professional who can assess the merits of your case and guide you through the legal process.
Thank you.
In cases where an employee appeals to the higher authority or files a complaint related to a matter, and then faces adverse actions from the employer such as suspension or punishment, it is important to consider several factors:
1. Internal Policy: Review the internal policies of the bank, including the applicable service rules, code of conduct, and disciplinary procedures. These policies typically outline the process for resolving employee disputes and may provide guidance on the appropriate action that should be taken by the bank during the pendency of an appeal or complaint.
2. Applicable Laws and Regulations: Consult with a legal professional to determine the relevant laws and regulations that apply to this situation. Employment laws, including laws regarding unfair treatment, disciplinary actions, and due process, may offer protection to employees.
3. Procedural Fairness: Assess whether the bank followed fair procedures and observed the principles of natural justice during the disciplinary proceedings against your brother. This includes providing adequate notice of the charges, an opportunity to be heard, and a reasonable opportunity to present evidence and defend his position.
4. Personal Hearing: If you have appealed to the board of directors for a personal hearing, it is important to await their response and consider their decision. A personal hearing can provide an opportunity to present your brother's case and address any concerns or issues directly to the decision-making body.
5. Legal Remedies: If you believe that your brother's rights have been violated or that the bank's actions were unjust, you may consider filing a case in the High Court. Consult with a legal professional who can assess the merits of your case and guide you through the legal process.
Thank you.
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A.Dear Client,
The service of an employee of Gramin Bank known as Regional Rural Bank(RRB) are governed by the RRB SERVICE REGULATIONS, 2010. From the contents of your query, it appears that your brother, an employee of Gramin Bank was issued show cause for misbehavior with his superior(RM) and for the commission of said professional misconduct, an order for suspension pending domestic inquiry is initiated against the employee in terms of Chapter CHAPTER - IV of RRB Service Regulations, 2010, that deal with the conduct, discipline and appeals and during the course of the ongoing inquiry, the concerned employee made an appeal protesting/objecting the promotion of his Superior (Regional Manager) showing the reason of his involvement in the inquiry and again treating such kind of protest as professional misconduct, the employee was again suspended for the commission of the second offense. The charge brought against the employee is proved and established in the departmental inquiry and following the provision of penalties as prescribed under Regulation 39 of Regulation, 2010, the punishment recommended for minor penalties is awarded. So, after going through the provision of punishment as prescribed in Regulation 39 and the nature of the misconduct, if it appears to you that the punishment is harsh in nature in comparison to the nature of the misconduct, you may file a writ petition challenging the action of the Bank Management praying for appropriate order of relief. You may also escalate your grievance against the harsh action of the management before the Administrative Tribunal under the Administrative Tribunal Act, 1985 for redressal of your grievance. However, your appeal before the Board of Directors for a personal hearing is now pending, you may wait for that for a reasonable time and then, can move ahead with the litigation process for the cause of action.
The service of an employee of Gramin Bank known as Regional Rural Bank(RRB) are governed by the RRB SERVICE REGULATIONS, 2010. From the contents of your query, it appears that your brother, an employee of Gramin Bank was issued show cause for misbehavior with his superior(RM) and for the commission of said professional misconduct, an order for suspension pending domestic inquiry is initiated against the employee in terms of Chapter CHAPTER - IV of RRB Service Regulations, 2010, that deal with the conduct, discipline and appeals and during the course of the ongoing inquiry, the concerned employee made an appeal protesting/objecting the promotion of his Superior (Regional Manager) showing the reason of his involvement in the inquiry and again treating such kind of protest as professional misconduct, the employee was again suspended for the commission of the second offense. The charge brought against the employee is proved and established in the departmental inquiry and following the provision of penalties as prescribed under Regulation 39 of Regulation, 2010, the punishment recommended for minor penalties is awarded. So, after going through the provision of punishment as prescribed in Regulation 39 and the nature of the misconduct, if it appears to you that the punishment is harsh in nature in comparison to the nature of the misconduct, you may file a writ petition challenging the action of the Bank Management praying for appropriate order of relief. You may also escalate your grievance against the harsh action of the management before the Administrative Tribunal under the Administrative Tribunal Act, 1985 for redressal of your grievance. However, your appeal before the Board of Directors for a personal hearing is now pending, you may wait for that for a reasonable time and then, can move ahead with the litigation process for the cause of action.
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