Vigilance case after resignation
5 months ago
I resigned from a psb after facing mental harrasment daily. My resignation was accepted by the bank. Now my boss is threatening me to start a vigilance case against me and not relieve me even after I serve my notice period. I have 20 days left for my notice period. Can they compel me to work if they serve me a show cause. My resignation acceptance had a clause that relieving letter cannot be issued if there is a show cause pending. I am mentally harassed at my workplace everyday and at a point of breaking. Now they are compelling me to either take back my resignation or face enquiry and they will not relieve me. Pls guide.
A.Dear Client,
The notice period is a mutual agreement between the employer and the employee. If you have submitted your resignation and your employer has accepted it, both parties are generally expected to abide by the terms of the notice period. According to the Indian labor laws, an employee has the right to resign from their job at any time, and the employer cannot compel them to work beyond the notice period. If the resignation has been accepted by the bank, they cannot force the employee to take back their resignation or face an inquiry. If the employer serves a show cause notice, the employee can respond to it, but they cannot be compelled to work beyond the notice period. If the resignation acceptance had a clause that the relieving letter cannot be issued if there is a show cause pending, the bank cannot issue the relieving letter until the show cause is resolved.
The notice period is a mutual agreement between the employer and the employee. If you have submitted your resignation and your employer has accepted it, both parties are generally expected to abide by the terms of the notice period. According to the Indian labor laws, an employee has the right to resign from their job at any time, and the employer cannot compel them to work beyond the notice period. If the resignation has been accepted by the bank, they cannot force the employee to take back their resignation or face an inquiry. If the employer serves a show cause notice, the employee can respond to it, but they cannot be compelled to work beyond the notice period. If the resignation acceptance had a clause that the relieving letter cannot be issued if there is a show cause pending, the bank cannot issue the relieving letter until the show cause is resolved.
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A.Dear Client,
Even after the cessation of relationship with the Bank on acceptance of your resignation, the Bank can initiate legal action against you, if after conducting an inquiry into an allegation of dereliction or dishonesty committed by you while in employment, if dictated and proved against you in the departmental inquiry carried on by vigilance cell 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, the Bank can initiate legal action against you, if after conducting an inquiry into an allegation of dereliction or dishonesty committed by you while in employment, if dictated and proved against you in the departmental inquiry carried on by vigilance cell 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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