Legal Question in Employment Law in India

I am a senior executive in a small bank in Bengaluru. I dont drink and dont smoke ever. During my branch visits, some one complained that I visited the branch drunk. All my seniors, colleagues, juniors my high degree of discipline both official and personal. I sent a mail to HO clarifying this and confirming that I dont drink and also demanding action against this lady who had spread this false information to sabotage my career and to malign my reputation in the bank. Even my boss (Zonal Head) confirmed this to HR head who had called him seeking his clarification.

This bank is a trade union based. The HO has not even acknowledged my mail and no action has been initiated by the bank. This lady is the Regional Secretary of Officers association of the bank. An advocate had advised me to send a reminder to the bank demanding action. I feel that when the matter goes to the level of criminal complaint against their local leader, I may or may not get full support from the offcers. Also if the bank fails to initiate any action, advised me to file a criminal complaint for defamation. If i proceed this way, the bank's working may also go for a toss.

Will the bank accept my filing a case against a officer of the bank and can the Trade Union keep quiet on this action which I am advised to initiate. Kindly advise me.


Asked on 4/20/12, 6:28 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

Your first legal right is to write a letter to your local Branch Manager copied to the Regional Head and the Zonal Head asking for a copy of the complaint made against you by the concerned staff. The bank is duty bound to provide it to you. If they cannot, it goes to prove this as a prima facie false rumour.

20.04.2012

Always be positive. You have nothing to lose irrespective of the position of the accused. The bank is again duty bound to acknowledge and accept your written complaint. Your personal image and reputation is more important than the Bank. If you are firm and demand stern action for false accusation, even the Union will be left with no choice, but to only remain a silent spectator and watch what happens.

I am ready to handle your matter through my representative in Bengaluru.

You can reach me for further on-line legal advice at [email protected]

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Answered on 4/20/12, 8:33 am


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