• Harassment at workplace by superior in a bank

Mr X is working in a Bank as a Loan Processing Officer. He was working under Mr Y who is Manager Sanctions. Both of them work under Mr Z Chief Manager. All of them are working in a reputed Nationalized Bank of India. During tenure of Mr X as Loan Processing Officer he is forced and pressurised by Mr Z in his work to recommend loans as per his wish and regularly asked to deviate from laid down systems and procedures of the Bank. When he dont accede to the unethical demands of Mr Z then both Mr X and Mr Y are threatened with dire consequences. Then Mr Z befooled a borrower Mr B into availing insurance policy with a promise to enhance his existing limits. However Mr B is a chronic defaulter and has pending SARFAESI proceedings against him. When both Mr X and Mr Y decline Mr Z to enhance the limits of Mr B then Mr X is threatened with transfer and sent on deputation twice and then transferred. Mr Z achieved all this due to the support of Mr A who is the Regional Manager and a very good friend of Mr Z. When Mr X is tired of this harassment then he files a complaint to Banks HR Dept through Banks laid down procedure and is shocked to know that Bank closes the complaint of harassment without conducting any investigation and the top management instead tries to protect Mr Z with the involvement of Mr A. Mr C also files a complaint as a Whistle blower for the unethical practices of Mr Z however the Vigilance Dept leaks the name of Mr X during initial stages of investigation itself. Mr X is totally unclear regarding the investigation of his Whistle Blower complaint as there is no transparency. Mr X escalates his HR dept complaint to next higher authority which choose not to reply to the complaint let alone take any action. Mr X is now working as a Branch Manager and he was forcibly transferred. Now Mr X is due for promotion and he qualifies in Promotion written exam. Mr Y who was the Reporting Authority of Mr X awards him AAA Grade that is the best for an employee. However Mr Z being Reviewing Authority downgrades Mr X to 2 grades below to A. This adversely affects the promotion of Mr X. Mr X knows that Mr Z is still targeting him even after his transfer. Mr X is tired of this harassment and wants to take legal action against this motivated actions of Mr Z to harass him continuously with the connivance of Mr A. What can Mr X do as no one in the organisation is carrying out any investigations for his complaints in a fair manner and top management is blindly supporting Mr Z. Mr X wants justice for the continuous harassment meted out to him by Mr Z in his work,posting,staff matters and now promotion. Please guide Sir. No hopes from internal machinery of the Bank.
Asked 5 years ago in Labour

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15 Answers

If no action is taken by bank on your complaints lodge complaint with 

Secretary, Central Vigilance Commission and should be superscribed “Complaint under The Public Interest Disclosure”. If the envelope is not superscribed and closed, it will not be possible for the Commission to protect the complainant under the above resolution and the complaint will be dealt with as per the normal complaint policy of the Commission. The complainant should give his/her name and address in the beginning or end of complaint or in an attached letter.
iii) Commission will not entertain anonymous/pseudonymous complaints.
iv) The text of the complaint should be carefully drafted so as not to give any details or clue as to his/her identity. However, the details of the complaint should be specific and verifiable.
v) In order to protect identity of the person, the Commission will not issue any acknowledgement and the whistle-blowers are advised not to enter into any further correspondence with the Commission in their own interest. The Commission assures that, subject to the facts of the case being verifiable, it will take the necessary action, as provided under the Government of India Resolution mentioned above. If any further clarification is required, the Commission will get in touch with the complainant.

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Mr. X should understand that all kinds of harassment meted out to him by his higher officials  were through the service regulations or by the rules of the bank only and no harm was done  individually. 

Therefore the X has options to fight against the service injustice only and not based on his personal grievances.

He can collect evidences of all the incidences  and the grievances in a chronological order, approach high court seeking relief for each and every problem that he has been subjected to by the bank authorities misusing their powers.

He cannot get any justice even from his respective union because the entire system is corrupt hence he should not fight with the department internally, he can approach high court with a writ petition seeking relief and remedy to all his sufferings and grievances.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You need to get the same to the highest authority of the said bank layer you can approach court for seeking remedy

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

File writ in high court for releif and also pray to setting SIT under ACB to conduct investigation.

File RTI and ask for action taken report on your complaints.

Also mention how mr. Z granted enhance limit to B being defaulter

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

See the superior officer has used the power as granted by rules to harass you so there is no default there and you cannot take this forward on that basis though if there are procedural irregularities and illegal practice followed by Mr. Z then you can file a petition before high court for appointment of independent investigation body.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. you can approach the CAT or the concerned High Court by way of filing Writ Petition for (i) challenging the downgrade by Mr. Z, (ii) claiming the promotion, 

2. you can also file separate Writ Petition for conducting an investigation on your complaint which is made to unveil the practice of corruption in the bank,

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Mr.X should approach the Central Administrative Tribunal (CAT) against the mala fide actions of Mr.Z which has jeopardized his career prospects.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

In the present circumstances, you are suggested to file a petition in High Court or Central Administrative Tribunal for setting aside of the ACR rating given by Mr Z and grant your promotion. In this petition, you are suggested to mention all those facts where you raised the complaints, harassment done to you and biased officials and departments.    

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Appraisal report is now  not a confidential report. The final report after review should be sent to the appraisee with a pen-picture remarks of not more than 100 words by the reviewing officer.

Call for such report and see the remarks.

if  not satisfactory and not in conformity with the acual facts and circumstances, then first raise objection and if not resolved then move to high court with all established facts and circumstances to prove the malafied intention behind degrading the rating by two scale down.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

File complaint to the bank ombudsman. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Well, this story seems to be of State Bank of India if I'm not mistaken. This has been happening to my friend but mot to such a level. Anyways you should file a complaint against these people to the higher ups but as nothing has happened then wrute to the chairman and also to the RBI. as far as promotion issues are concerned you should file a writ petition in the high court if the bank does not respond.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Mr X can call HR personnel and inquire with them with respect to status of complaint. If  HR do not respond then Mr X can escalate the issue to management or  can also write to the management in Head office. Mr X need to have patience also in such kind of matter.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Mr X should approach CAT against Mr. Z.

2. Before that collect details of action taken against Mr. Z in previous complaint filed before Higher authorities in Bank. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Hello,

Write a complaint letter to the headquarter addressing the head of the department .

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Immediately, you file an application under RTI Act to know the status of complaints lodged by you.

Upon receiving / not receiving the above information, you can escalate your issue to the highest possible authority of your Bank marking a copy to RBI (Vigilance & Administration).

Using the above you can either file writ petition before high court / lodge criminal complaint against erring officials.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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