Disciplinary action after resignation acceptance
5 months ago
I recently resigned from my post in a public sector bank and it was duly accepted. Now my boss is threatening to take a vigilance case for some case years ago, against me and ruin my career. Can they terminate me after accepting my resignation?
A.Dear Client,
Even after the cessation of relationship with the Bank on acceptance of your resignation, Bank can initiate legal action against you, if after conducting an inquiry into an allegation of deriliction or dishonesty committed by you while in employment, if dictated and proved against you in the departmental inquiry after your resignation from the Bank. You are equally accountable for the commission of said proven misconduct even after your resignation from the Bank. Depending upon the nature of the misconduct and injury caused to the department for the same, the Bank can take legal action against the resigned employee both under CPC and IPC following the provision of the Limitation Act, 1963 that specify the time limit for the prosecution that starts from the date of cause of action.. A bench of Justices U U Lalit, Indu Malhotra and Krishna Murari of the Supreme Court ruled out in an appeal arising out of an order of the Karnataka High Court that the requirement of sanction under Section 19 of the Prevention of Corruption Act is only for serving government employees and there is no bar to initiate prosecution after retirement or resignation for the offense committed by the employee during the service period. So, in view of the aforementioned averments of the Apex Court, if any legal action is initiated against you by the Bank, you need to contact an Advocate having experience in service/CAT matters to defend the case suitably in the Court.
Even after the cessation of relationship with the Bank on acceptance of your resignation, Bank can initiate legal action against you, if after conducting an inquiry into an allegation of deriliction or dishonesty committed by you while in employment, if dictated and proved against you in the departmental inquiry after your resignation from the Bank. You are equally accountable for the commission of said proven misconduct even after your resignation from the Bank. Depending upon the nature of the misconduct and injury caused to the department for the same, the Bank can take legal action against the resigned employee both under CPC and IPC following the provision of the Limitation Act, 1963 that specify the time limit for the prosecution that starts from the date of cause of action.. A bench of Justices U U Lalit, Indu Malhotra and Krishna Murari of the Supreme Court ruled out in an appeal arising out of an order of the Karnataka High Court that the requirement of sanction under Section 19 of the Prevention of Corruption Act is only for serving government employees and there is no bar to initiate prosecution after retirement or resignation for the offense committed by the employee during the service period. So, in view of the aforementioned averments of the Apex Court, if any legal action is initiated against you by the Bank, you need to contact an Advocate having experience in service/CAT matters to defend the case suitably in the Court.
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A.Dear Client,
In India, once your resignation has been accepted, it's usually considered final. However, if there are allegations of misconduct or irregularities, your employer may initiate an investigation. As for the threat of a vigilance case, it's crucial to understand the specific circumstances and the evidence involved. In general, a resignation doesn't absolve you from potential legal consequences if there's evidence of wrongdoing. We'll require more details about your situation in order to give accurate guidance.
In India, once your resignation has been accepted, it's usually considered final. However, if there are allegations of misconduct or irregularities, your employer may initiate an investigation. As for the threat of a vigilance case, it's crucial to understand the specific circumstances and the evidence involved. In general, a resignation doesn't absolve you from potential legal consequences if there's evidence of wrongdoing. We'll require more details about your situation in order to give accurate guidance.
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