cbi case book in 13 b 420 409
KANNAN J
(Querist) 10 November 2014
This query is : Resolved
Sir
I am working in syndicate bank as Ass t manager as per by chief manager instruction I had discounted bills and transfered to account holder account and thereafter it had been transferred to my account. As I was doing share trading manager told I will get money from customers u can trade and get some money for both for him and the customers. All transcation were authorised by him but now he had put the blame on me now he had been taken as a3 myself a1. Can u have some positive sytations or judgement for fighting this case. There were no bills and vouchers for these transactions. No comments from concurrent auditors, rbi auditors manager had not pointed about this in managers certificate vouchers is to be maintained by him only. All section I can fight but ipc 409 that amt had come to my account that is the problem. Therefore can u refer any positive judgements to fight trail court please advice me sir
Sudhir Kumar, Advocate
(Expert) 11 November 2014
You have tried very good drafting to hide what has been done by you.
You want citation for fighting the case without describing the case.
You have not even described whether any departmental or criminal case is registered.
ajay sethi
(Expert) 11 November 2014
we dont provide citations . you must have engaged lawyer to fight your case . he will do the needful
Rajendra K Goyal
(Expert) 11 November 2014
Citation not provided in the section, Consult local lawyer.
KANNAN J
(Querist) 13 November 2014
YES CRIMINAL CASE IS FILED ON ME UNDER SEC 13(B) 420 409. DEPARTMENTAL ENQUIRY CONDUCTED AND I HAD BEEN DISMISSED FROM THE BANK. I HAD ALREADY FETCHED A LOCAL LAWYER BUT SHE IS ALSO A NEW PARTICTIONER THATS Y I AM ASKING FOR CITATION
Sudhir Kumar, Advocate
(Expert) 14 November 2014
For challnaging a dismissal order you need to have a lawyer well versed in disciplinary procedure who should be able to understand each and every paper of the depttl proceedings and should be able to identify procedural errors therein.
Lest your challenge is bound to fall flat.
Guest
(Expert) 14 November 2014
It seems you are clubbing both the court case and the departmental inquiry cases.
Citations will not help you even a bit, either in the CBI case or in departmental inquiry. Only the evidence in your support can help you, as against Sec. 13(B), 420 and 409 in CBI case and separately in departmental inquiry case also. In CBI case, only the lawyer, who has a track record of winning CBI cases under the Prevention of Corruption Act can help you, NOT a new practitioner, as mentioned by you.
If dismissed in departmental inquiry case without waiting for the judgment in court case, as both the legal and administrative processes are different from each other, in departmental inquiry case also, you will have to submit an appeal to the appellate authority separately under the provisions of the departmental rules, as the same is made under the provisions of the prescribed conduct, discipline and appeal rules of the organisation that being different from the legal process.
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
Citations are not supplied here. Expert Mr.Dhingra has very clearly explained the facts involved in your case and what is to be done by you further. Therefore, first change your lawyer if you do not find her to efficient enough to fight your case, next as suggested you may have to prefer an appeal against the departmental action of terminating your services.
Sudhir Kumar, Advocate
(Expert) 16 November 2014
I am fully endorsing views of Mr Dhingra.
You have stated that you have engaged an advocate having no idea about departmental proceedings and you want to challenge dismissal. This is suicidal.
You have not even stated whether appeal against dismissal has been preferred with stipulated time of 46 days (unless CDA rules prescribe a different period)
Advocate. Arunagiri
(Expert) 16 November 2014
If you feel that you have strong grounds to challenge your dismissal, approach a local advocate and file a case in CAT.
Sudhir Kumar, Advocate
(Expert) 16 November 2014
As Banks are not in CAT jurisdiction, your case can be file din Distt Court or to High Court as well.
But your lawyer should be aware of service matters.
Advocate. Arunagiri
(Expert) 16 November 2014
Thanks for pointing it out Mr.Sudhir Kumar.
I stand rectified. You can approach High Court for suitable relief.
Delhi Cooprative Housing Finance Corporation, Govt. of NCTD is covered by CAT.
National Minorities Development and Finance Corp., New Delhi, M/o Minorities Affairs is also covered by CAT.
But, bank is excluded. There is a national level debate for including the bank in the CAT jurisdiction.
Let us hope good news will come soon.
