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Dr Sangh Mittra (Advocate)     08 October 2010

False Complaint of seeking gratification

Sir,

I was the Director of an autonomous body fully funded by the Government of India .  I had an unblemished career which got tarnished and I have lost my job due to a false complaint which is eleven years old now. 

 An Advocate who  was a relation of an employee  in the Body who was looking after the Legal cases  had been engaged by the Chairman of the Society to handle  the Court cases in 1997- 1998- 1999. The Advocate was using letter pads showing  himself as Senior Advocate, Union of India and had also engaged a Senior Advocate. The said Advocate was charging   Rs 65000/- per appearance for his and other Senior Advocate.

I found that even bills had been preferred for the days when there was no appearance in the Court. So I wrote a Note on file that the bills being preferred were wrong. I wrote this note on 18 June 1999.  The relation  of the Advocate probably showed this Noting to the Advocate who on the quite made a complaint to the Chairman that I was pestering him for speed money and  promised him to make him a retainer if he would make payment to me. This Complaint I came to know was dated 24 June 1999 six days after my file Noting.

This was not told to me then. In August 2003 I was charge sheeted  due to my whistle blowing corruption in the body as a retaiation and one of the charges was that an Advocate had complained against me in 1999 that I demanded from him  speed money and commission in 1999.

I approached Allahabad High Court who in 2007 quashed that charges having been vitiated with mala fides but directed that the new Chairman may issue a fresh charge sheet to me after examining the allegations of  1997-2003  if required and if advised.

So again in 2007 I was issued  the Charge sheet by a person having no statutory powers and the charge of accusation of demanding bribe and commission of 1999 was retained.   An Inquiry was conducted at  the residence of a retired High Court Judge who was Inquiry Officer . On the day of my sickness the Inquiry Officer closed the prosecution evidence. I came to know that he had gone ex parte having been paid about Rs 10,00000/- Ten Lakhs.

He proved the charge of  the Advocate's complaint of 1999 that I had demanded money and commission in 1999 without calling the Advocate and on the basis of the complaints of 1999. The Vigilance Department stated that the IO had no concrete evidence and that I could be given minor penalty .

I was asked to show cause why I should  not be removed from service. I represented in detail but nobody listened.

I served the Copy  of writ Petition on 19 September 2010 and  approached Allahabad High Court that  the Memorandum of the body which stated that the chairman had decided to remove me from service be stayed.

On the first date of hearing  on  20 September 2010 the Counsel of the Body filed an Order in the Court at the time of hearing that I had I had been compulsorily retired with effect from 18 September 2010  Saturday itself. I am struggling what to do .

The main charge which has attracted the major penalty is the complaint of 1999 of the Advocate against me , the Advocate who described himself falsely as Senior Advocate Union of India .

I without job on a false complaint. The Inquiry office never ever called the Advocate to give  any statement  .

 

Please guide me what to do . I am in  deep trouble and have been tarnished and moreover lost my job also due to a false complaint .

drsanghmittra@yahoo.com



Learning

 3 Replies

kunal sharma (Legal Consultant)     08 October 2010

Mr Mittra,

This is truly a wrong case against you...The advocate who put a false case against you is still working without any problems...Its really harsh on you..First of all how he has put a Sr. Advocate Label in his pad and that to representing union of India, its an offence of criminal conspiracy, Fraud against Government of India which attracts punishment debarring him and confiscating his licence and life imprisonment.

I as an Lawyer can suggest you to fight this case and please collect the records of what you have communicated written to the department and what he has done. This is an issue where you cant relax..Go for the writ petition for the claims demanding back arrears and lum-sum wages from your services you have given to department and please put an FIR against this Advocate for conspiracy, tarnising image, fraud against Bar Council of India, and the Central Government.. He will surely be behind bars...  

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     10 October 2010

Dear Querist,

 

At the outset, it appears that your opponents had won the match unlawfully and that being the position, rule of the game also suggests that you must turn the table particularly since you had been at Director level employee with an autonomous body of GoI. Now since, you have been removed from service illegally without there being any proper inquiry and affording to you any reasonable opportunity to defend yourself, you have likelihood of revert with fitting reply. And for that you need to have patience and zeal to follow rule of the same law which has been illegally and improperly applied against you. 

 

You may please note the following:

 

i)          Second Charge sheet of 2007 is void ab-initio since issuance authority did not have statutory power and also since the fresh charge was nothing but mere repetition of 1999 charge sheet. The letter & spirit of the Order passed by the Allahabad High Court in 2007, which although quashed the first charges for having been vitiated with mala fides, which directed that the new Chairman may issue a fresh charge sheet to you after examining the allegations of  1997-2003 was not followed.

 

ii)         It also appears from the facts given by you, the Advocate who was engaged by the Chairman of the Society to handle  the Court cases in 1997, 1998 and 1999 and also that who has been portraying as Senior Advocate, has mis-conducted himself against which you may immediately lodge professional complaint before Bar Council of the State where he is registered and also that you may lodge formal complaint in Bar Council of India.

 

iii)        That since your noting of alleged corruption and malpractices by the said Advocate, precedes the complaint lodged by the said Advocate to the Chairman, you may ask for a CBI Inquiry by filing appropriate complaint for such investigation.

Your Vigilance Department should take up the matter to the CVC level for protecting your legitimate rights of employment and also primarily to protect you from potential threat of loosing employment for your whistle-blowing.

 

Finally, you may move CAT or the Hon’ble HC / SC seeking appropriate remedy (atleast for restoration of your position in the Company).

 

Lastly but not the least, please take time to contact a lawyer of your choice.

 

Rabin Majumder

Advocate & Attorney

For Nu.Delhi.Law.Fora

New Delhi

DR.SANAT KUMAR DASH (Eye Specialist)     12 October 2010

DEAR   DR.  SANGH    MITTRA,

                                                           DON'T     LEAVE     THE     CULPRIT........WHO    HAS      FILED    FALSE   CASE   AGAINST    YOU   &     DEBARRED   YOU   FROM     SERVICE.    FIGHT     FOR   JUSTICE.......DEFINITELY     YOU    WILL    WIN .    BHAGWAN      KA   GHAR    DER    HEI     MAGAR    ANDHER    NAHIN.


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