Approach the court and obtain an order from the court then only the job you can get back or compensation
I won a 18 year old battle with cbi. There were charges against me from my bank where I was working as a branch manager and they had approached the cbi. I was accuited of all charges but meanwhile I lost my job and my face in the society. I want to know if not my job at least will I be able to get some amount if I file a case ?
My lawyer said that I won’t get Anything since I had not filed a case immediately on termination. But at that time I was too demotivated and emotionally unstable to think about anything else other than winning the case since I knew I was not guilty. Where do I stand now gentlemen? Suffering for 2 decades and now that I am proved not guilty will I not get any of my dues ?
Approach the court and obtain an order from the court then only the job you can get back or compensation
1. You can file a damage suit against the bank for terminating you when the same charges levelled against you by CBI have been proved to be false.
2. Claim compensation towards unpaid salary for the entire period with interest, damaged caused to you and cost.
3. Engage a local lawyer having expertise in this field.
1. You have good chances of winning the damage suit since the you have just been acquitted from the same charged levelled against you by the CBI which was levelled against you by your Bank.
2. You can state that you had no evidence that the charges levelled against you are false and had no financial means to pursue two cases together.
Fundamental Rules: Rule 17( 1)--No work no pay rule Ap- plicability of--Where employee willing but not allowed to work.
Hello,
It is difficult for you to now get any compensation from the department, since there has been a delay
You have been advised rightly by your advocate, still you wish you may take a chance and file a suit.
Regards
Since you are exonerated from all the charges you can get your job back, if not of retirement age you can take the joining further you can claim damages and compensation from the bank for the false case.
Sir you can state the reason of the delay that since you were under the charges and didn't have anything and had health issues of depression could not peruse the case asking damages and recovery of the dues.
Of course why not, there is no delay but you have to take up the matter from the initial stage.First if you have been acquitted then place an application for reinstatement to your department and wait only for 15 days from the date of receiving the application then immediately file a writ before the Hon'ble High Court if denial comes.
1. Is it an acquittal due to failure of prosecution to prove its case or the court has recorded a finding that the case was false and malicious?
2. If the court has held the case to be false and malicious then you can now sue the Bank/CBI in the civil court for damages on account of false and malicious prosecution.
Dear Client,
As per SC, employee, sacked following disciplinary proceedings, cannot seek reinstatement as a “matter of right” after a criminal court acquit him in the case based on the charges similar to the departmental inquiry and absence in service from the date of dismissal till the date of reinstatement will be treated as non-duty for all purposes and for that period he will not be entitled to any back wages/yearly increments, seniority and will not earn any kind of leave.
If you were terminated on the ground of criminal trail pending agasint you than you can seek reinstatement.
A decision of the Supreme Court in G.M. Tank v. State of Gujarat and Anr. and also in view of the Division Bench of A.P. High Court decision in Ravuru Babu Rao v. General Manager, Oriental Insurance Co. Ltd., Madras and also in S. Rama Rao v. Food Corporation of India and Anr., we hold that where the employee secured honorable acquittal in a criminal case in respect of a particular charge, the department is not empowered to initiate disciplinary proceedings in respect of the very same charge but of course, if the department is of the opinion that it is not worthwhile to continue the officer in a department, the department is at liberty to take such decision on any other charge connected with departmental functions against the applicant, as observed by the Division Bench of the A.P. High Court in Ravuru Babu Rao v. General Manager, Oriental Insurance Co. Ltd. Madras .
In view of the above decision, I think you may proceed with the case proposed to file seeking relief on the lines as stated above.
My lawyer said that I won’t get Anything since I had not filed a case immediately on termination. But at that time I was too demotivated and emotionally unstable to think about anything else other than winning the case since I knew I was not guilty. Where do I stand now gentlemen? Suffering for 2 decades and now that I am proved not guilty will I not get any of my dues ?
Your lawyer may be right to contend that you have not initiated any action to set aside the departmental action of terminating your services at that time.
The citations mentioned in the previous posts pertain to the pending departmental inquiries alone.