Initiation of criminal proceedings
I am employee of a bank ‘discharged from service’ on conclusion of disciplinary proceedings.
The action of management is challenged in the high court it is at the stage of final hearing, the pray being to the restoration of service.
Meanwhile on completion of superannuation on technical grounds, i.e. based on the date, the alc is approached to direct the payment of gratuity as per the eligibility.
The alc has passed the orders for the payment of gratuity with the following observation:
• the respondent bank has failed to quantify the amount of loss the bank has suffered due to the negligence of the applicant. further the penalty order should have a specific mention of loss to be recovered, sans the applicant is entitled to receive the gratuity.
• during the cross examination the rw1 admitted the following: ‘no adverse comments by the concurrent auditor as per rbi guidelines ‘ there is no record the regionaloffice has called for any exaplanation ‘ the visiting inspector has made two different reports on different dates on the same accounts making the chargesheet untenable.
The query : based on the admissionof rw1 and conclusion of the alc and the order of alc can we initiate any criminal propceedings against the management
Asked 6 years ago in Labour