Respected Seniors,
I earnestly request advice/opinion from all of you on the following issue:-
For wrongful loss to caused to the company due to the dereliction of duty/negligence of its officials in order to favour a stockiest and the supplies effected based on cheques given by the supplier was identified by CVO of the company. Upon his complaint, the matter was handed over to CBI in 2005. Simultaneously, the company proceeded against the supplier for recovery of the amount of supplies and also against its officials jointly and severally . Disciplinary proceedings against the employees were also initiated at the same time. Later on, 05 officials in charge of sales have been removed from service and the oher one was granted major penalty of withholding of two increments with cumulative effect for 2 years. These all happened around Jan 2008. But in April 2008, CBI submitted a closure report before the appropriate magistrate court that the criominal nexus, illegal gratification & undue favour to the stockiest could not be established. Nothing has been made out as per Prevention of Corruption Act. In the civil recovery suit , except the one all are ex-parte including the one who ios still serving in the company ( penalty of withholding of increments). Now the one serving is making an appeal before the management to withdraw his name since CBI had closed the issue and the penalty has been already suffered by him. Further subsequent to the punishmnet he has been getting regular promotion. In the disciplinary proceedings, the chage of of causing huge finnancial loss to the company by way of dereliction of duty/negligence in accepting the outsation cheques and also failed to bring to the notice of senior management about the dishonur of cheques was established.
Now the query is when there is no order of recovery from the charged official by the DA in his order, still the recovery suit against the employees can be proceeded
