Bank employee – being paid half salary for suspension but not allowed to withdraw it

Tilak Marg Forum for Legal Questions Forums Criminal Law Bank employee – being paid half salary for suspension but not allowed to withdraw it

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 11 months ago.

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  • #4534

    I was suspended for fraudulent transaction happened when I was clerk but now I am assistant manager in the same nationalised bank and they gave police case and I was arrested an now I got bail.but I was not involved I was trapped in to it.i was in suspension for 7 months and they are crediting half salary in my account but they made hold and not allowing me to take the amount.they did not conduct any enquiry before suspension and the gave only once the suspension letter please guide me

  • #4541

    From your question, it appears that the bank is paying you half of the salary during the suspension period, but you are not being allowed to withdraw the same. Unless there is an order of some lawful authority (such as court) by which your bank account is sealed or attached, I don’t think the bank has the power to stop you from operating your account and stop you from withdrawing amounts from your own account. You may have to approach the appropriate tribunal or court if the bank does not permit you to do so. It may, however, be advisable first to send a written notice to the bank and/or to ask the ask the bank as to under what provision of law they have stopped you from withdrawing the amounts from your bank account.

    It is not necessary that an enquiry should always be conducted first before suspending an employee (more so, if it concerns a criminal case involving arrest). Please study the relevant service rules (Conduct Rules, as well as Discipline & Appeal Rules, by whatever name they are called) of your bank relating to suspension and departmental / disciplinary enquiries. Engage some local lawyer if you cannot do so on your own. If needed, you can challenge the suspension order before the appropriate court or tribunal, as applicable in your case.

         


    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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