Dear Sir, I am in the Clerical cadre from Union Bank Of India and was suspended when I was in Corporation Bank on 07 Feb 2020 after the merger UBI sent a show cause notice in NOV 2020 which I replied to and on 23 Jan 2021 UBI through Branch head filed FIR against me in the Police station and on 07 July 2021 I was arrested by police and sent to district Jail and from there I was released after 21 months in the month of Mar 2023. after coming back I was called for an inquiry but the inquiry was stopped saying that the inquiry can not be conducted till the finalization of the court case and also my suspension could not be revoked till that time.
I have already completed 03 years and 09 months in suspension and am being paid @50% of my salary.
What should I do now so that either my suspension may be revoked or I may be paid a full salary because the management is not replying to any of my correspondence?
From India, Delhi
I have already completed 03 years and 09 months in suspension and am being paid @50% of my salary.
What should I do now so that either my suspension may be revoked or I may be paid a full salary because the management is not replying to any of my correspondence?
From India, Delhi
Hi Ajeet,
It's crucial to consult with a legal professional for advice tailored to your specific situation. Here are some general steps you may consider taking:
Legal Assistance:
Seek legal advice from an employment lawyer or a legal expert who specializes in labour laws and employee rights.
Provide all relevant documents and details of your case to the lawyer for a thorough assessment.
Review Internal Policies:
Familiarize yourself with the internal policies and procedures of Union Bank of India regarding suspension, disciplinary actions, and inquiries.
Check if there are any specific provisions regarding the time limit for the completion of an inquiry.
Engage with Union/Association:
If you are a member of a union or employee association, reach out to them for support and guidance.
They may have experience dealing with similar cases and can provide assistance or representation.
Follow-Up Correspondence:
Continue to communicate with the management in writing, expressing your concerns and seeking updates on the status of your case.
Keep a record of all correspondence for future reference.
Request for Full Salary:
If you believe that the suspension has been unjustifiably prolonged, consider formally requesting the bank to reconsider and pay your full salary.
Clearly outline the reasons you believe support the revocation of your suspension or the payment of full salary.
Court Proceedings:
Stay informed about the progress of the court case. If there are developments, inform your legal representative and management.
Ensure that your legal representative is actively involved in the court proceedings.
Alternative Dispute Resolution (ADR):
Explore the possibility of alternative dispute resolution methods, such as mediation or arbitration, to expedite the resolution of your case.
Keep Records:
Maintain detailed records of all interactions, correspondence, and events related to your case.
Document any instances where you believe your rights have been violated or procedures have not been followed.
Regards,
From India, Bangalore
163It's crucial to consult with a legal professional for advice tailored to your specific situation. Here are some general steps you may consider taking:
Legal Assistance:
Seek legal advice from an employment lawyer or a legal expert who specializes in labour laws and employee rights.
Provide all relevant documents and details of your case to the lawyer for a thorough assessment.
Review Internal Policies:
Familiarize yourself with the internal policies and procedures of Union Bank of India regarding suspension, disciplinary actions, and inquiries.
Check if there are any specific provisions regarding the time limit for the completion of an inquiry.
Engage with Union/Association:
If you are a member of a union or employee association, reach out to them for support and guidance.
They may have experience dealing with similar cases and can provide assistance or representation.
Follow-Up Correspondence:
Continue to communicate with the management in writing, expressing your concerns and seeking updates on the status of your case.
Keep a record of all correspondence for future reference.
Request for Full Salary:
If you believe that the suspension has been unjustifiably prolonged, consider formally requesting the bank to reconsider and pay your full salary.
Clearly outline the reasons you believe support the revocation of your suspension or the payment of full salary.
Court Proceedings:
Stay informed about the progress of the court case. If there are developments, inform your legal representative and management.
Ensure that your legal representative is actively involved in the court proceedings.
Alternative Dispute Resolution (ADR):
Explore the possibility of alternative dispute resolution methods, such as mediation or arbitration, to expedite the resolution of your case.
Keep Records:
Maintain detailed records of all interactions, correspondence, and events related to your case.
Document any instances where you believe your rights have been violated or procedures have not been followed.
Regards,
From India, Bangalore
It appears you are in for a long haul, as the departmental inquiry is held up for finalisation of the criminal case proceedings, and the time the criminal case will take for disposal is anybody's guess. It took nearly 1.5 years for the criminal complaint to be made. You have not mentioned the stage in the criminal trial. You should make efforts to get it expedited, and make a mention before the judge stating your dire situation.
Presently you are getting 50% wages as subsistence allowance. Check the rules, in many organisations there is a provision to increase the subsistence allowance to 75% after a fixed period of suspension (mostly after 6 months). As per Supreme Court directives as well as Govt instructions, every case of suspension is to be reviewed after every 6 months on the advisability of continuing the employee under suspension. Use RTI and apply for information on whether any such review was conducted in your case and the result thereof.
If there is no review done, then you have a case to invoke the writ jurisdiction of the concerned High Court.
From India, Mumbai
Presently you are getting 50% wages as subsistence allowance. Check the rules, in many organisations there is a provision to increase the subsistence allowance to 75% after a fixed period of suspension (mostly after 6 months). As per Supreme Court directives as well as Govt instructions, every case of suspension is to be reviewed after every 6 months on the advisability of continuing the employee under suspension. Use RTI and apply for information on whether any such review was conducted in your case and the result thereof.
If there is no review done, then you have a case to invoke the writ jurisdiction of the concerned High Court.
From India, Mumbai
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