Suspension exceeding 1 year by United Bank of india

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Suspension exceeding 1 year by United Bank of india

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    • #3143

      I am a chief manager of United Bank of India who has been suspended.since 26.08.2016 for some irregularities in issuance and payment of bank guarantees. The bank issued explaination letter in feb 2017 and revised explaination letters in April 2017 and I had.given replies within the stipulated period till today no charge sheet has been issued by the bank though more than 13 months has been lapsed since suspension.

      An F.I.R was lodged by Cvo of Nsic with north Bidhan Nagar P.s in Kolkata and p.s.case no.161/2016 dated 26 7 .2016. later the case was taken up by c.i.d. west bengal. The lo of cid summoned me along with some other bank officials on 27.01 2016 and kept us sitting us in their office till 7.30 pm and told us that no interrogation could be done that day. I was again called for interrogation on 27.06.2017 along with some other colleagues . At about 7.30.pm I and two other managers were called in and 2 or three qwestionex and arrested us at 7.45 pm with harges of section 420,406,408,409,468,120b of ipc. We have got the bail on 27 09.2017. no charge sheet has been filed by cid till date.

      Please advise the step to be taken by me now.

    • #3145

      Please read my reply to a similar question asked by a banker: Approaching court for revocation of suspension and reinstatement after long suspension.

      Please also see: Suspension order not to extend beyond 3 months if charge-sheet is not served, says Supreme Court.

      You may also read other articles / replies on this website relating to suspension: http://tilakmarg.com/forum/search_gcse/?q=suspension.

      Generally in cases where there is a criminal case registered followed by arrest / custody, suspension may be continued for longer durations. It is not uncommon to see suspension in such cases continuing till the trial in the criminal case is over. It also depends on the facts of the case and the role of the employee in such criminal case.

      Normally, there are provisions for review of the suspension at periodic intervals such as 3 months or 6 months. You may check what are the rules in your bank relating to review of the suspension. Also check whether your suspension has been reviewed periodically as per the rules.

      Depending upon facts of your case, and in consultation with your local lawyer, you may challenge the continuation of your suspension in the appropriate court / tribunal.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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