Case under 406,409,420
neeraj
(Querist) 03 February 2016
This query is : Resolved
Sir a case is filed by my dept against me by taking statement only of consumers stating that I have taken money from them but not give them receipt.
Sir according to high Court orders for anticipatory bail I also fix the amount before session court. But now I want to compound the case and alleged money I am ready to give want to finish it. So can it is compounded or not. If dept do not ready for that then court can order for it. If 409 is present in it.
Devajyoti Barman
(Expert) 04 February 2016
The offence is non-compoundable.
You can anyway for for mutual quashing in high court.
P. Venu
(Expert) 04 February 2016
The problem is misstated. Please state your problem in simple language devoid of your subjective opinions.
Guest
(Expert) 04 February 2016
Mr. Neeraj,
Yours seems to be a purely hypothetical academic query, as any Government department is not authorised to file a case directly in the court of law against its employees under sec.406, 409, 420. The department is bound to report the matter to the police/SPE or CBI, depending upon the amount involved, for further investigation and necessary action, or has to take disciplinary action, itself, at departmental level only.
So, better discuss the real problem, if there is any, along with the case history of the problem.
Rajendra K Goyal
(Expert) 04 February 2016
State your real problem as advised by the expert PS Dhingra.
neeraj
(Querist) 04 February 2016
Dept has lodge fir and police has filed case in court but I am selected in any other dept so I need noc from dept so I want to close the case. Case is nothing about forgery in document and no loss of dept but dept intentionally implicate me in this case.
Sudhir Kumar, Advocate
(Expert) 04 February 2016
YOU ARE HIDING THE FACTS AND WILL SUFFER NON-ADVISE OR WRONG ADVISE.
Even prompted by Mr Dhingra you have not intimated as to what were the the real facts.
You say that there is no forgary. Right you have been charged with 406 which deals with BOT but there is no need to prove forgary.
If it is proved by evidence of customer that you took some money on behalf of deptt and did not issue receipt it means you did not account the money in treasury and section 406 gets attracted.
as far as selection in another deptt is concerned, you can be advised to forget about such offer as long as this case is not decided in your favour and the new deptt is not bound to keep the offer open indefinitely.
Sudhir Kumar, Advocate
(Expert) 04 February 2016
It is understood that the deptt does not know how to deal with you.
If deptt fells that there is allegation worth 406 then it is also a professional misconduct sufficient enough for major penalty.
They can initiate disciplinary action against you without waiting for court decision and even dismiss you from service which will be disqualification for any employment in Govt sector.
Guest
(Expert) 04 February 2016
Although I have my owb doubt about the reality of the case, yet if there is even some element of realty in your case, you could better have asked this question from your own lawyer, how as an accused you could close the case.
So now, better ask your own lawyer, and if you still get any doubt, discuss specifically about your doubt on that advise for further clarification from the experts.
neeraj
(Querist) 04 February 2016
Dhingra sir I have discussed my problem previously as false case of 406,409,420
In my case sir I have caught some consumer making theft in supervision of a line man and I reported higher official but they met that line man and implicate me in false case and without any dept enquiry they first suspend me and after two month of suspension without listening me they lodge fir. Only by taking statement of some consumers that they give me money 10 month before and I don't give him receipt at that time. There is nothing as a proof with consumer that they can say it. So I said that it is false case. Police has file challan now in Dec. And dept kept me in suspension from June to till now. So I asked what to do now.
Guest
(Expert) 04 February 2016
Mr. Neeraj,
There is a difference between saying and proving. Moreover, suspension is always made before any investigation, may be merely on some suspicion.
Better fight your case to the satisfaction of the judge to enable him exonerate you of the charge. Your service depends solely on the positive or negative judgment in the case.
Sudhir Kumar, Advocate
(Expert) 05 February 2016
please list out all the previous threads you created on this site.
P. Venu
(Expert) 05 February 2016
Why don't you state your problem in its real dimension?
neeraj
(Querist) 05 February 2016
Sir dept can dismiss me but when dept proceeding start dept does not listen me till now. Can dept without doing dept enquiry completely and without listening me can dismiss me. It is not a one sided decision that dept alleged me and lodge fir and without listening me and without decision of court can dept dismiss me. It is according to law or not. Then it is very easy for dept to dismiss a person.
Guest
(Expert) 05 February 2016
Mr. Neerjaj,
You are probably mixing up departmental inquiry case and the court proceedings together, while both have distinct entities. Department can dismiss you without conduct of any departmental inquiry, if you are punished with imprisonment by the court. Departmental inquiry has nothing to do with that. That is quite a separate process. Even if you are exonerated by the court of law, departmental inquiry can still be initiated against you for misconduct falling under the scope of the conduct and discipline rules of your department, if the disciplinary authority is not convinced about your innosence.
