Legal Question in Banking Law in India

one of the bank filed a FIR in police station against a officer working in the same bank.Before lodging FIR bank suspend that officer. Police conducting Investigation the offence and finaly submitted B report and honourable court also accepted the Police B report. Now bank conducting Departmental enquiry to that officer for same case. Some advocates told me Police department already investigated, enquired and submitted the B report.Bank could not conduct any Investigation or enquiry for the same case. Suspension also not withdrawn .As per law please give the advice


Asked on 3/28/13, 4:31 am

4 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

28.03.2013

Dear Sir / Madam,

(Arakere, Tumkur, Karnataka)

Bank has every right to conduct its own independent investigation against the Officer irrespective of the Police investigation report. Withdrawal of suspension is at the discretion of the bank, if on completion of the investigation, it is found that the alleged Officer has not done anything illegal or caused any harm or financial loss to the Bank.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/28/13, 5:18 am
J. Radhakrishnan independent Practice

I agree with the opinion of Prashant Chavan

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Answered on 3/29/13, 3:10 am
Jayesh Desai Jayesh Desai

Both are independent. One is for Criminal Act and other can be for misconduct or violation of service conditions. Banks' action is perfectly justified.

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Answered on 4/05/13, 12:08 am


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