Admission of guilt
Himadri Shekhar Bhattacharjee
(Querist) 13 August 2013
This query is : Resolved
Sir,
My friend was a manager of a nationalized bank which was a small two man branch. The computer operator of that branch hacked my friend's passwords and did certain irregularities with that password. Then he admitted his guilt and deposited a sum of Rs 400000 in cash and he mentioned there, that, he did those on guidance from my friend who was the manager. But that was wrong, on no occassion he shared his passwords with him. Then after a month from that date, that, computer operator died of heart attack. Now, after a sham departmental enquiry, my friend was removed from service, as the disciplinary authority noted that, 'due to the irregularities of him bank and government funds were put to jeopardy'. No, retirement benefits were given. Now, he submitted an appeal to departmental appelate authority.
1)Now, can he go for a writ from honourable high court seeking setting aside of that order and reinstatement in service after his appeal is rejected or not responded to within six months?
2)How long court will take to resolve it and is there any provision for any interim relief till the final verdict.
3)Whether the written admission of guilt and deposit of Rs 400000 by the computer operator shall be considered by the court for giving verdict favouring my friend?
4)Since, the computer operator died after one month of giving declaration from heart attack and he mentioned that, he did this irregularity at my friend's guidance and he couldn't be cross examined, does this mention have any adverse implication for my friend?
Please help by giving your valuable suggestions.
Regards.
Devajyoti Barman
(Expert) 13 August 2013
1. CAT is proper place of remedy not HC.
2. It takes years to finally hear the case.
3.Yes
4.No
Himadri Shekhar Bhattacharjee
(Querist) 14 August 2013
Thank you sir, but, I think the CAT is not available for bank employees. Sir, do the high court give any interim relief or in my case, an reinstatement to service, till the final hearing comes out?
Please help with your advise.
Regards.
Guest
(Expert) 14 August 2013
Repeated query. However, for CAT or HC, your own advocate can guide you the best with reference to the name of the bank.
