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Akanksha Katti   08 July 2022

Criminal case

Criminal case due to mis appropriation of govt fund of Rs 28.75 lakh was mis used and later all the amount was paid back to the government so now the case lodged in the court can be dissolved or punished even after repayment of amount to government. case is lodged by the police under IPC 408,420. all amount was already repaid to the government. so this case can be dissolved or punished even after repayment the whole amount to government. plz suggest me clearly


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 8 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 July 2022

A thief cannot be absolved of the crime of theft, just by returning what he had stolen.

Akanksha Katti   08 July 2022

sir ok one advocate sir advised me that case can be closed in high court so i asked sir

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 July 2022

After you have returned the amount, it is for the Government to decide whether the case is to be withdrawn or proceeded with. It may be that the Government has decided to drop the case.

Akanksha Katti   10 July 2022

sir if I bought clearece certificate from my department then it is possible or not sir

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 July 2022

 If the case had gone to  the court, find out through your lawyer whether the case is still in the court or has it been withdrawn by the Government. If the case is not withdrawn, the Government may report to the court that the amounts have been repaid by you. In such an event punishment may be lesser. If the Government has not reported your repayment of the amount to the court, you can report the same with evidence and pray for pardon or acquittal. Are you still in service or have you been suspended or terminated from service? Othen than court Government can also take departmental action independant of the court decision.

Akanksha Katti   12 July 2022

Respected sir i was removed from job. but another person did same mistake that he misappropriated government fund he is not terminated nor he punished on someone's recomendation he is on the job . but in mine case i was, removed from the job also I was punished . he brought influence and safely rejoined to service. I paid back all the amount instead of paying I was removed from job and in my order it is clearly mentioned that only 50 percent is only repaid. but in reality I paid 100 percent amount even though I paid ful amount in my dismissal order it is clearly mentioned only 50% is paid. now what I have to do

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 July 2022

You have to file a suit in a court of law citing discrimination.  You have also to file evidence of repayment of the entire amount  and to order the authorities to issue receipt according. You have to get a good lawyer and file a suit. There is no alternative.

Akanksha Katti   18 July 2022

thank you very much sir

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