Arrest by police
Amit kumar shukla
(Querist) 20 June 2018
This query is : Resolved
Can police arrest any bank officers without conclusion of Departmental enquiry and permission under 197 crpc
AKSHANSH SINGHAL
(Expert) 20 June 2018
Your facts are incomplete to comment upon it..
H. S. Thukral
(Expert) 20 June 2018
our query as said is not sufficient to give a proper answer- whether the alleged offences have been committed by him "while acting or purporting to act in discharge of their official duty" . what is offence charged with. He can be arrested under PCA , without permission.
Guest
(Expert) 20 June 2018
Yes, in fraud case, the bank employee can be arrested for his involvement in criminal activity. Departmental inquiry is secondary issue, which is conducted on breach of conduct depending upon the nature of misconduct. That can be initiated by the department after its due investigation separately.
Guest
(Expert) 20 June 2018
Yes, in fraud case, the bank employee can be arrested for his involvement in criminal activity. Departmental inquiry is secondary issue, which is conducted on breach of conduct depending upon the nature of misconduct. That can be initiated by the department after its due investigation separately.
Guest
(Expert) 20 June 2018
Yes, in fraud case, the bank employee can be arrested for his involvement in criminal activity. Departmental inquiry is secondary issue, which is conducted on breach of conduct depending upon the nature of misconduct. That can be initiated by the department after its due investigation separately.
SHIRISH PAWAR, 7738990900
(Expert) 20 June 2018
Yes both are different cases and there cannot be bar for criminal case pending departmental inquiry. Previous sanction is not applicable to bank officers.
K Rajasekharan
(Expert) 20 June 2018
If the offence alleged against the bank officer is in no way related to his official duty, no sanction under Section 197 of the CrPC is needed to proceed with the criminal case against him or arrest him.
However, the court cannot take cognizance of any offence without the sanction of the government, if the bank officer has alleged to have committed an offence while acting or purporting to act in the discharge of his official duty,.
Sudhir Kumar, Advocate
(Expert) 21 June 2018
s/197 is needed at the time of charge if the offence is connected with official duty and the offender happens to be PSU bank.
Police can also make arrest even without complaint from bank if the offence is cognizable.
Ms.Usha Kapoor
(Expert) 21 June 2018
Departmental proceedings and criminal proceedings are parallel proceedings. Even if a an employee is acquitted in criminal proceedings departmental proceedings may go on.
Ms.Usha Kapoor
(Expert) 21 June 2018
Departmental proceedings and criminal proceedings are parallel proceedings. Even if a an employee is acquitted in criminal proceedings departmental proceedings may go on.
krishna mohan
(Expert) 06 July 2018
More details on charges leading to departmental enquiry may help in getting the right advise. But if it is under PCA and police got red handed while collecting bribery they can arrest.
