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Akanksha Katti   21 February 2019

regarding criminal case

respected sir I accused under criminal case for misappropriation of govt fund.already my case is lodged in court and my department sent me letter to refund the misappropriated amount they mentioned in the letter that if i fails to refund then they will take action on me.if I refund the amount whether my case can be compromised or not.
or else if I not refund the amount then what can they take action on me.


Learning

 10 Replies

NSV VARA PRASAD   21 February 2019

what about your counsel.?

Akanksha Katti   21 February 2019

I dint understood sir meaning of counsel

ASHIF. K.M.   21 February 2019

In the given circumstances, both criminal proceedings as well as Deparemtal proceedings (Domestic enquiry) can be initiated. Though both the proceedings are initiated for a very same incident, proceedings are separated and so, one proceeding will not affect other. In short, finding arrived in one proceedong will not give any effect to other.

ASHIF. K.M.   21 February 2019

In the given circumstances, both criminal proceedings as well as Deparemtal proceedings (Domestic enquiry) can be initiated. Though both the proceedings are initiated for a very same incident, proceedings are separated and so, one proceeding will not affect other. In short, finding arrived in one proceedong will not give any effect to other.

ASHIF. K.M.   21 February 2019

In the given circumstances, both criminal proceedings as well as Deparemtal proceedings (Domestic enquiry) can be initiated. Though both the proceedings are initiated for a very same incident, proceedings are separated and so, one proceeding will not affect other. In short, finding arrived in one proceedong will not give any effect to other.

Akanksha Katti   21 February 2019

Om Prakash sir actually when I was suspended that time department officials orally told to refund the misappropriated amount.but after 45 days they without any intimation they did FIR on me and I was imprisoned for 79 days . already charsheet are ready and submitted.now after 4 months of my release now department sent charsheet and gave 15 days for reply and also they sent letter to refund amount.sir I am in confusion that if I refund amount or not if they dissmiss me from job.then it's very difficult I am not getting whether I should refund or not.plz suggest on this me sir

Akanksha Katti   22 February 2019

Om Prakash sir I will tell my whole story plz on that you suggest me.
1) first on July 3 I was suspended by my department for misappropriation of Rs 2875000 govt fund.and after 45 days after my suspension my joint director gave FIR ON me on 18. August and that day only police arrested me.and on 21 St August 2018 they produced me before magistrate.
2) I was imprisoned for 79 days and after that I got bail after producing charsheet.police department produced 2 charsheet A&B. and after one month of my bail my advocate told me again I have to get bail for charsheet B.now court sent me summons and in that mentioned that I have to be present in court on 3rd may 2019.
3) sir till 4 months of bail my department not sent any letter to me but day before yesterday they sent me one departmental charsheet and one letter in that they mentioned that I have to refund full 2875000 or otherwise they will take action on me .they told me that if I refund then only they reinstate me on job .and asked to give reply for departmental charsheet within 15 days.
4) another important thing that two people blackmailed me for money and I have transferred I did NEFT to their accounts about 2100000.and that amount is already seased by police department.
5) sir my question to you that seased amount can be refunded to my department account now or not.if it's possible then what I have to do and to whom I have to concern to refund the seased amount.and balance amount of Rs 775000 can be refunded to my department account whether it's possible or not.?
6) sir being accused and having case on me it's possible to refund the amount to my department account?
7) if I fails to refund the amount what kind of action can be taken by my department?
8) whether it is possible that department can remove me from job if I refund or not the amount right now?
sir I have sent you all details plz suggest me sir it's not imaginary it's real fact.

Anish Thakur 7018812737 (advocate)     23 February 2019

if department had already lodged fir against you then they cant send you notice to recover the amount
after lodging fir if they are sending they had not followed the cccs rules which are mandatory
department should had first conducted departmental enquiry or issue show cause to you before lodging FIR
however some offences are not compoundable
feel free ro whatsapp or call if any doubt left.

Akanksha Katti   23 February 2019

Anish sir till today no department enquiry is held.before FIR they gave only suspension letter no any show cause.now before three day they sent me two letters one departmental charsheet and one show-cause to refund amount with interest.

ASHIF. K.M.   23 February 2019

Enquiry on the commission of offence and criminal investigation are different from recovery of money due.


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