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Querist : Anonymous (Querist) 22 July 2010 This query is : Resolved
a person was worked in a natioanalised bank since 2001 he was trapped on corruption charges and convicted by the lower court in the year 2003. he was terminated from service. in the year 2010, the high court accqutted him and quashed the lower court order. now, what is his postion. when he will get his employment back. what is the proceedure to be followed as per banking regulation act and bank proceedure. hewas dismised from service since he was convicted by the lower court of cbi as per br act, on the charges of corruption. now, he acquitted. plese advise him properly
the high court set aside the order of the lower court and also appeal is allowed

the appeal is allowed, and the sentence order of the lower court is set aside hence please advise him to get employement in the banking service.

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Daksh (Expert) 22 July 2010
Dear Anonymous,

Admittedly a period of 9 year has elapsed during litigation qua the corruption charges. In all probability in the factual matrix of the case simultaneously departmental enquiry must have been concluded (you have not mentioned as if the referred person has participated in it or not).

Hope this clarifies all.

Best Regards

Daksh

Devajyoti Barman (Expert) 22 July 2010
He can now make a representation before the appropriate authority for his reinstatement in the context of his acquittal . If bank refuses to do so then order is to be obtained from the CAT.

Chanchal Nag Chowdhury (Expert) 24 July 2010
Fully endorse Mr. Barman's views. The problem is that nowadays, the SC has turned pro-employer. Getting back the job may not be difficult, getting back-wages will be.

Querist : Anonymous (Querist) 27 July 2010
i did not understand the chnchal naga choudary comments and advise. what is endorsment of mr. barman views.

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