• 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 4 years ago in Labour

3 answers received in 2 hours.

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7 Answers

Do note that no criminal preceding lies against the management.

Its the laoses on the part of the management for which you have already got favourable order for which you can apply for implementation.

You are liable for adequate compensation as well but no criminal preceding is sustainable againagainst the management.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi, till the final decesion of case and court finding there is no possible action that you can initiate against the management..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Sir,

You may get graduate and other service benefits provided your advocate is able to convince the Court that you have not involved in any such act which caused financial loss to the Bank. More accurate advise can be given only on seeing required documents.

For more details and for effective legal advise, please call me immediately, through Kaanoon Website.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Do not initiate any criminal proceedings at this stage

2) you have already challenged order of management discharging you from service in HC

3) writ is at stage of final hearing . Wait for disposal of the writ

4) you can file suit for damages if you so desire against the company

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

This is not sufficient to initiate a criminal proceedings against the bank.

Let the High Court also exonerate you and thereupon reinstatement you in service.

Once the above is done, you may take your chance and file a case of malicious prosecution against the Bank.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

Hello,

At this stage you can not initiate any criminal proceedings against the management.

You may only initiate criminal proceedings against the management once the charges against you are dropped by the court of law and you are declared to be right.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

The criminal actions or complaints can be made only when you were aggrieved by the orders of the management and not on being pointed out by some other person.

Your direct sufferings so far should have been the reason for lodging a criminal complaint either through police or through court and it cannot be on the base of other two authorities pointing out this.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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