Filing of FIR and Chargesheet
Querist :
Anonymous
(Querist) 02 January 2010
This query is : Resolved
Mr XY has been filed upon with an FIR u/s 409 IPC, without enclosing any evidences relevante to the complaint. FIR has not been signed by complainant on lodging the complaint. Conditional Bail has been granted with with provision of two sureties and got released on surrender-cum-arrest. FIR is of 5 months old. No investigation commenced by IO/SHO, but the accused is under suspension of service. Employer kept quiet, without furnishing any evidence till now, even after given the bail is granted to the accused and not initiated institutional enquiry. Employer has seperate set of instructions/rules, i.e., outcome of chargesheet of IO/SHO is irrelevant for them. What is the recourse
Arvind Singh Chauhan
(Expert) 02 January 2010
In may cases the Supreme court held that. There shall be no effect of departmental inquiry in judicial inquiry and of judicial inquiry in departmental inquiry. Therefore It would suggest to take recourse of service tribunal or High court for wrong departmental proceeding.
Devajyoti Barman
(Expert) 02 January 2010
Mere initiation of Criminal Proceeding is not generally enough to suspend an employee,specially govt employee.So move Writ petition before the High Court.
Guest
(Expert) 03 January 2010
I hope this is a fit case for moving the High Court for quashing of F.I.R., since you say that no incriminating material has been detected by the prosecution to charge the accused u/s.409 I.P.C. You may also see whether the accused come under the categories of persons listed in section 409 I.P.C. since the section deals with Criminal Breach of Trust by Public Servant, Merchant, Banker, Trustee. Or in the alternative, the accused may get a direction from High Court for early Final Report of investigation.
