Urgent Help Please!
Querist :
Anonymous
(Querist) 14 January 2010
This query is : Resolved
01. Amount in the Account was frozen on Day ONE and operations on the account with the entire balance was stopped.
02. Employee was suspended from Service on Day SIX.
03. Complaint with reason "Misuse of Computer System" was signed on Day EIGHTEEN.
04. Complaint was taken to SHO and registered as FIR u/s 409 on Day TWENTY THREE and none has signed on the FIR in the capacity of Complainant. In fact the Complaint was not handed over to the police by the authorised representative and hence not signed.
05. FIR was presented in Court of Law and Warrants Issued on Day TWENTY FIVE.
06. Amount was debited to the Account so frozen on Day EIGHTY SIX and all thethrough the entire account was blocked from operating even the amount above the disputed amount.
Accused is an Employee of the Bank and Complainant is Bank.
The transaction pertains to about 8 months prior and transaction was not properly checked on daliy basis
and the amount was credited to the account of the accused. Only with-drawals after the disputed dates were submitted to the police as if they belong to the disputed date, which is not correct.
No incriminating evidence as to the complaint in Sl.No.3 were provided to the Police even after FIVE MONTHS after registering FIR.
Police Authorities were successful to make the Bail Petition in District Court dismissed, but was granted by the Hon'ble High Court.
Even by then, Complainant Bank has not furnished any evidence in support of their exact complaint. Also kept the Police in dark by hiding some crucial information favourable to the accused, though the accused has been marked a copy of the correspondence to the accused. Can accused present it to Police, though the Complainant Bank has hidden this fact from the Police?
Complainant Bank, though not provided any evidence in support of their exact complaint, persuading the Police to file Charge Sheet.
Accused is not paid Subsistence Allowance timely and correctly, and delay is nearly one month from the date
of submission of required certificate. The Bank has separate set of instructions reading as, "PAYMENT OF SUBSISTENCE ALLOWANCE IS MANDATORY. NON-ADHERENCE TO THESE RULES WILL INVALIDATE THE ENTIRE DISCIPLINARY PROCEEDINGS (Domestic Enquiry, in other words)".
Whether the sequence of incidents are in order to make a case?
What would the best recourse to get away from the FIR and get back to the Job?
s.subramanian
(Expert) 29 August 2010
File quash proceedings before the high court.
