• Resignation with in probationary period in a public sector bank

Sir, 
i had joined a PSB on may 2014, there i experienced very hectic working environment  and unreasonable transfer within 3 months of joining. Later in Nov 2014 i resigned from bank without prior notice to bank. After 1 year on1st April 2016 i got a letter from bank stating charge sheet for unauthorized absence from bank and demanding reply within 15 days. Soon after resignation i received a letter that you have to make arrangement for paying Rs 2lakh towards indemnity bond signed as a formalities during joining the bank and bank is demanding payment of Rs 2lakh and serving 3 months notice period.
My questions are
 1) how should i proceed further and what is the seriousness of the charge sheet?
2) Will this letter effect my future career if i join another bank or any other psu's or govt job?
3) What might be bank's next move if i didn't pay the mentioned amount and failed to reply to same?
4) If i agree to pay Rs 2 lakh will i get salary while serving notice period?
5) Does these charges come up for inquiry during my notice period?

Please suggest me future course of action. Thanks in advance
Regards 
Kumar
Asked 8 months ago in Labour from shimoga, Karnataka
1) you should have served the notice period while tendering your resignation 

2)did you sign the indemnity bond? what were the clauses in bond signed by you 

3) it is necessary to peruse bond signed by you 

4) if you fail to pay bank may take recovery proceedings against you to recover sum of rs 2 lakhs 

5) if you join another bank and during verification it is found that you left your organisation without serving the notice period it would have a bearing on your career prospects 

5) you would get salary for serving notice period 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Hi, Bank has initiated disciplinary proceedings against you and  they will held inquiry against you and after the inquiry if the Charges framed against you proved then they will dismiss you from the service.

2. As you have already resigned form the service and you don't want to continue the same so if you want you can participate in the proceedings or else you drop it.

3. For giving resignation without  giving prior notice and for the payment of the money they have to file a suit and if they filed the suit  then you can contest the case.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) how should i proceed further and what is the seriousness of the charge sheet?

If you dont respond properly to the notice or the charge sheet, you may be terminated from the service as a conclusion of a departmental enquiry.




2) Will this letter effect my future career if i join another bank or any other psu's or govt job?

If you happen to mention your previous service and experience, you may get trapped by a mention of this termination by the previous employer. This may draw an adverse impact to your future service career.




3) What might be bank's next move if i didn't pay the mentioned amount and failed to reply to same?

They may file a money recovery suit to recover the amount.



4) If i agree to pay Rs 2 lakh will i get salary while serving notice period?

Service notice period and during the notice period you are entitled to salary, the bank cannot refuse your salary.





5) Does these charges come up for inquiry during my notice period?

The charges are different to that of the notice period.

T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
if provision regarding notice period is given in work contract then it is mandatory and any breach of it constitute ground for departmental inquiry. 

it may cause serious effect upon your future employment if you mention about it. 

bank can recover this amount through  court in order to breach of contract. 

you should pay 2 lac rupees in reply of show cause notice. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1) bank will take recovery proceedings  against you  for recovery of Rs 2 lakhs 

2) serve the notice period and make payment of rs 2 lakhs demanded 

3) if you dont have funds take loan against the house and pay off the bank 

4) loan can be repaid from your income from new job 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1) What might the bank can do to recover the money? Is employment bond legal today?
The employment bond will be valid to the extent of the training expenses for the training given to you on some specialised courses for the benefit of the bank etc.  Let them file a recovery suit, you can challenge the same on the basis of their claim and reasons set out therein.





2) Whether further procedure of bank involves police inquiry and court proceedings? Please explain in detail.

This is not a criminal offence hence bank cannot approach police or this.






3) If i wish to fight against bank will it affect my carrier ? because i have another job in hand awaiting confirmation.

The fight back against the bank will be to defend yourself from  the allegations made  against you, hence this will not carry any adverse impact on your career or to the other job you may choose.






4) Please suggest me safest possible way to clear this mess paying as less money as possible and without legal hurdle which may affect my future job.

If the bank decides to recover the money as per employment bond, you dont have any option than to challenge their claim legally, for this you have to visit court on dates of hearing or engage an advocate who shall represent you and handle the case properly. 
This may involve litigation cost which you have to bear.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1. You have violated your contract of employment which is remediable by the employer by filing a suit for recovery of liquidated damages and compensation against you. The amount prescribed in the contract has to be paid if it has been violated.

2. The bank will file a suit for recovery of money and also possibly a criminal complaint for breach of trust against you.

3. Your career prospects are likely to be affected if bank goes to court and obtains a favourable decree.

4. Since you have violated the contract you should pay the amount agreed to be paid and then move on.

Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Speak to the higher ups in the bank to reach a mutually acceptable settlement.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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