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dnprasad   27 January 2015

Cbi and ed case

i was a Senior Manager and was heading a Branch. An FIR was filed by our Bank with CBI against my predecessor Branch Manager, myself and one of our customer, for his default and act of selling the goods pledged to our Bank without our knowledge and having not repaid the loan. The CBI filed charge sheet and made my predecessor as Accused No: 1, myself as Accused No: 2 and the borrower as Accused No: 3.  In the charge sheet, my Accountant was added as A5, my field Officer as A6 and the Sanctioning Authority/Dy. General Manager (of all loans to the said borrower to a tune of Rs.3.00 Crores + 75 lakhs + 2.25 Crores)  as A6.

While so, meanwhile, supposedly on a complaint (concocted) lodged by the said customer, that he has given bribe by way of getting a Maruthi car to me (transaction of Pay Order routed through his account)  having purchased the same in my son's name, my services are suspended during March 2010.  Added to this, on the pretext of a special audit report, my services were dismissed during Feb. 2012. (might be on the ground of preponderance of probability).  Inspite of my showing the receipt for the said money, confirming that, the said borrower has acknowledged having received said money for purchase of car to my son, neither my Employer nor CBI is ready to accept, but are believing the customer (instead of their own employee with unblemished service record of 30 years). 

All the accused have got bail and the CBI case is in progress.  While so, the borrower ( a criminal - having kidnapped one of our customer and the said customer has deposed the same with CBI and on record) has died by committing suicide in the month of April 2013. 

While so, even the Enforcement  Directorate have entered the scene, and prosecuted me by telling that the Car purchased from out of the crime proceeds.

I am innocent, and have not taken bribe from not only this customer, from none of the customers.  Even this fact was evident from the departmental proceedings.  There was not even a single complaint against me, not only regarding bribe but on any aspect.  In fact to be true, my wife has given the money to the borrower's wife with an intention that she wanted to gift a car to our son, even without my knowledge, on the eve of our son's birthday (since my son - who is also a Manager in a nationalised Bank -  used to send money to her through my account, and used to give money to his mother whenever he visit home - he is in a different station). We are holding a copy of the receipt issued by the said customer also, but nobody is helping, including my Advocate who is fighting my CBI case as well as my ED case.

While so, the Accused No: 1 is still in service, and enjoying.  My Accountant as well as my field officer - both are in service.  Our DGM was allowed to retire and got all his terminal benefits.

I was alone punished severely, by keeping me in suspension from March 2010, and by dismissing my services from the Bank from Feb. 2012, and without giving me any benefits after my superannuation in June 2014.

Kindly help me.  I have all defence documents with me.  

 

    



Learning

 5 Replies

AV Bagur Advocate (Advocate )     28 January 2015

The narration given by you needs either direct or collateral collaboration to understand the legal position. If evidence and the narration can be collated and matched then the punishment(s) meeted out to you can be reversed. Please get the services of a good lawyer/ law firm.

Sudhir Kumar, Advocate (Advocate)     29 January 2015

how was he car financed actually.

T. Kalaiselvan, Advocate (Advocate)     30 January 2015

Your story of your wife giving money to complainants wife  who had purchased the care is not at all a reliable statement.  You may have to fight it out on the basis of circumstantial evidences only if you do not have any other substantial evidence in your possession to rebut the charges.   Better engage a prudent lawyer expertise in the subject matter to defend your case in  appeal.

Biswanath Roy (Advocate)     01 February 2015

You may mail me scanned copies of all of your papers and documents which you are relying upon to prove your innocense and not guilty along with a statement of facts for appropriate advise for defense.

Biswanath Roy (Advocate)     04 February 2015

See your Mail Box for my instruction in response to your PM.


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