Banking query
Harpratap Singh
(Querist) 07 August 2017
This query is : Resolved
I am clerk in govt. Bank. There was incident happened in may2016. A customer issued a cheque to someone and his cheque was chemically altered and cheque was cashed on the counter. Payment is made in due course. Customer has lodged an fir in Aug2016. And in internal bank enquiry and vigilance enquiry, the manager who has passed the payment is free of charge. There is negligence but banker's intention is not involved and he has retired and got clean chit. I am the clerk who entered the cheque in the system as cheque was apparently normal. Now, I am getting call from police officer. He is trying to scare me to compromise on the basis well known to him. He is saying me that I am involved in this case, and if I won't agree to his condition, he would arrest me. And I need bail. And he is giving me 10 days to answer. Please tell me what should I do? Can he make arrest? If case is filed than it will be against bank or individual? Please reply
Rajendra K Goyal
(Expert) 07 August 2017
Since there was a fraud and complaint was lodged. You were the first person who could have detected the fraud.
Now. if as threatened by the Police, if they arrest you, Bank would suspend you and may not reinstated till the case is decided by the court.
If there is offer and proposal is acceptable, you may avail of the opportunity.
Harpratap Singh
(Querist) 07 August 2017
Dear sir,
As per internal bank enquiry and vigilance enquiry, payment was made in due course as per guidelines issued by rbi.
As per the fir, the same person has taken the payment to whom customer has handover the cheque. Cheque was altered by the person who has taken the payment.
As per banks guidelines, my role is minimum as my duty is to enter the cheque in system, the cheque was apparently normal, no sign of alteration. So I entered it in system. And further action and verification is the duty of manager. He is retired now. And bank has not held him responsible.
What should I do?
Police man is calling me and saying to compromise though I haven't been asked a single question by the bank as my role is minimum.
Please guide me. Its hampering my life.
Rajendra K Goyal
(Expert) 08 August 2017
Internal inquiry and police inquiry are different and departmental inquiry may not help you in court always. It depend on Bank whether it reinstate you till decision from court.
Harpratap Singh
(Querist) 08 August 2017
So what should I do?
Fir lodged in aug2016 under 420,467,468,471 ipc stating neglegence on bank's part (against bank) and everything was provided to police before the end of August like documents, cctv footage, but police has neitger even try to trace the culprit nor track the number.
Its more than a year passed and now they are scaring me that they will arrest me.
What should I do sir?
Please help me
Harpratap Singh
(Querist) 08 August 2017
So what should I do?
Fir lodged in aug2016 under 420,467,468,471 ipc stating neglegence on bank's part (against bank) and everything was provided to police before the end of August like documents, cctv footage, but police has neitger even try to trace the culprit nor track the number.
Its more than a year passed and now they are scaring me that they will arrest me.
What should I do sir?
Please help me
Harpratap Singh
(Querist) 08 August 2017
So what should I do?
Fir lodged in aug2016 under 420,467,468,471 ipc stating neglegence on bank's part (against bank) and everything was provided to police before the end of August like documents, cctv footage, but police has neitger even try to trace the culprit nor track the number.
Its more than a year passed and now they are scaring me that they will arrest me.
What should I do sir?
Please help me
Rajendra K Goyal
(Expert) 08 August 2017
Engage some senior lawyer to defend you in the court.
Request to the Bank to reinstate you and allow to draw full salary till final verdict of the court.
Request through Employees Association.
Even if Bank reinstate you conditionally, it is doubtful you would get promotion etc. pending this case.
If Bank wish and rules permit, Bank may keep results of promotion in sealed cover till decision of the case .
P. Venu
(Expert) 08 August 2017
Yes, the police can and they should investigate. But they cannot make you compromise on the threst of arrest. Take up the issue with senior police officers as well the employees union(s).
Harpratap Singh
(Querist) 08 August 2017
Instead of finding the main culprit, why they are claiming to arrest me? There is no such ground that claims my involvement in this. What reason they can give to arrest me? There is nothing new finding in this case since aug2016.
Police officer has sent a letter to head office of my bank and Rbi stating these questions: 1. Procedure to pass bearer cheque? 2. There is name of 3people in this including me, banks remarks on this with responsibility. 3. What departmental action has been taken?
Banks has stated already and clear that no intention was involved in it.
Customer has complaint to ombudsman as well which is pending.
How can they arrest me who has negligible role?
Harpratap Singh
(Querist) 08 August 2017
Rajendra sir bank has found no role of me in it. I haven't asked single question by the bank and I am working in the bank. I have raised this matter to the authority as well.
What should I do because I haven't done anything