You can get it from higherups
File in ombudsman can get relief
PF, gratuity & PF withheld without offering any reason for 17 years after removal from service
I, as an officer in a PSU bank, had nixed a scam sponsored by the General Manager in Dec 1986. He engineered a complaint from the scamster that I had stolen money from her loan account. Bank placed me under suspension in Feb 1987 & made a complaint to CBI. I was acquitted honourably of all charges by Hon'ble CBI court (on 31-3-1990) which was confirmed by Hon'ble High Court at Hyderabad ( Sep 1995). I was neither reinstated nor a charge sheet was issued for 49 months after my suspension. On my urging, Hon'ble High Court had directed bank to pay full salary to me in Jan 1991. whereupon, bank reinstated me and issued a charge sheet in March 1991 main charges being same as were dismissed by Hon'ble CBI court and after conducting an enquiry in whihc defense witnesses were NOT allowed to be examined and documents.summoned by defense were refused without citing reasons, I was removed from service on [deleted]. Now, (i) How do I get my disciplinary order quashed for denial Natural Justice and denying fair opportunity to defense? (ii) How do I get bank prosecuted for wrongful withholding of my terminal service benefits without due process?
Asked 8 years ago in Labour
7 Answers
File a fresh Writ Petition in High Court or file a Contempt Petition in High Court, consult with a lawyer who is practicing in High Court.
1) you were removed from service in Nov 1996
2) what were you doing for 20 years
3)you ought to have filed petition in CAT to set aside order of removal from service in utter violation of principles of natural justice
4) in said petition before CAT seek orders to direct bank to pay your terminal service benefits
1. Challenging your 1996 removal at present, would be a highly belated claim. However, you challenge the same in an appeal, if any has been provided under the service rules of your Bank. The other way could be to directly challenge it in the High Court and seek its quashment and all the consequential benefits that follow.
(ii) How do I get bank prosecuted for wrongful withholding of my terminal service benefits without due process?
And: Raise this issue as well in a writ petition.
1. You were removed in 1996, more than 20 years back. Have you preferred any departmental appeal or any kind of appeal till date?
2. If order of the High Court passed in 1991 has not been complied with then also you now can not move a contempt application, since a lot of time has elapsed.
Kindly tell me as to what you did in those 20 years.
Regards
You state that you have been removed from service in the year 1996, what have you been doing all these years?
Have you taken any step to challenge the order of the bank at that time say within one year or at least three years from the date of such termination?
If not what prevented you from initiating any step at that time and what prompted you to raise this issue after a gap of more than twenty one years?
In my opinion you might have very badly missed the opportunity
Dear Client,
What was u waiting from so many years. Its 2017 now, Court may refuse to admit stale claim.
(i) How do I get my disciplinary order quashed for denial Natural Justice and denying fair opportunity to defense? - First question will come, the reason of unreasonable delay, and the act of bank was contempt of court order, but now that also limitation barred.
(ii) How do I get bank prosecuted for wrongful withholding of my terminal service benefits without due process? - This can be possible through high court, pensionery benefits can be claim through court even on delay of long period. but need to satisfy court. Approach labor court/Administrative tribunal.
