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LOURDU REDDY   01 February 2017

Requesting legal opinion

Good morning to all members! I need a suggestion to file quash petition! I am working as DAO(w) in w&P Wing of Finance department of Telangana Government. While working in my previous station during the period from 2008 to 2013 One senior assistant and office superintendent have committed for misappropriation of government mony in pay bills of work charged establishment with collusion of some of other staff members in PAO office. The incident was come in to light in 2013 after my transfer to some other place. A criminal case was booked in the police station and the sr.asst. and superintendents were arrested.subseqently government has transferred the case to CBCID. Though I am the DAO(W) during that period there is no my involvement in that case. I have not signed on any bills or relavent records pertaining to that misappropriation case. Because the subject of work charged establishment was entrusted to office superintendent who will send the bills directly to the Drawing Officer (Executive Engineer) . Government have issued orders vide Go.Ms No 13 in 1998 entrusting the subject of work charged bills to the office superintendent.It was clearly mentioned in the government orders that bills and relevant records pertaining to work charged establishment shall be directly submitted to the Executive Engineer and relived the DAO from this duties. Accordingly I have not signed on the bills or relavent records.More over the drawing officers have clearly stated in their statements that they have not insisted the signatures of DAO in view of existing Go.13. But the CID has made me Accused(A5) in this case.The E Es (A3,A4) were arrested and remanded.Now the CID is trying to arrest me.However I have filed a petition in the HC for Anticipatory bail and the petition is pending in HC. In this connection, I request the forum members to kindly give me an advise the proceedure and possibility to file the quash petition in this case as there is no my involvement in this case. LOURDU REDDY


Learning

 3 Replies

rajeev sharma (Advocate Ex senior manager law )     01 February 2017

CBCID before filing any chargesheet against you would have recorded your statement and i presume that all the facts you are mentioning here would have been disclosed by you to them also. If any charge sheet has been filed against you plese obtain a copy of chargesheet and copy of the case diary of investgating officer and the report sent by them for obtaining peermission of prosecution from your department and the copy of the permission granted by your department. Then consult a good lawyeer and file a writ for queshing the FIR. Inthe writ you may again request for stay against arrest. one morething file all the departmental circulars showing that you were not involved in the matter as per office procedure. 

 

LOURDU REDDY   01 February 2017

Than Q very much Sharma garu

LOURDU REDDY   01 February 2017

Than Q very much Sharma garu

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