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GOKULDAS KAMATH (EX BANKER)     08 June 2016

What is the remedy available

Respected Sir,

I am an ex employee of a nationalised bank dissmissed  on the charges of committing fraud  by misusing user id and passwords of other employees without thier knowledge over a period of 3 years from 2004 to 2007.The Officers Association did not support me,I was under depression and could not fight my case properly and I was not able to understand what was my fault.Moreover I was denied of documentary evidences sought by me to defend my case.A criminal case is also filed against me on 10.06.2008 and charge sheet was filed on 11.07.2011( after 3 years).I am A-2 in this case and the then BM  is A1.There were more than 500 transactions in which my user ID appear which were verified by other employees under maker and checker concept

Slowly,I could recover myself from the shok and depression and took the help of RTI Act 2005 through which I could get various shocking information which indicates that bank had made me a scapegoat to protect some influential officials of the bank.One of the documents from police department shows that SP office had instructed the police station in 2010 not to treat this case as 'CYBER CRIME'

The other documents  and information provided by Bank shows that my user ID and password was misused whenever I was on leave,whenever I was in staff training college for training and most importantly,my user ID and password was misused when I was on 71 days sick leave for undergoing open heart bypass surgery.There is one confession letter from another officer that he had carried out certain transactions at the instructions of his superiors.In 2013,Bank on its own has treated around 40% of  alleged fraudulent amount as not fraudulent and they are just procedural lapses.This was done when I tried to expose some influential officials who are bieng protected by the bank

From 2011 till date,the then BM who is A1 in this case had filed various petitions and appeals to discharge him from this case and he put the blame on me and also defended his action of carrying out certain suspected transactions.All his appeals have been dismissed by the JMFC court

Now,while I have every document to prove my innocense in this case,this case has not moved even a inch forward.This case is bieng postponed to 3 months every time.In july 2015 it was postponed to Feb.2016 and then to May 2016 and now 30.07.2016.My Advocate says that my case vecoming older and older will be benificial to me

I had filed a private complaint on 08.04.2014 through my Advocate fate of which is not known to me yet.While I am settled in Bangalore,case is pending in Belgaum

In this connection,I want to know whether I can appeal to JMFC court to arrange to direct the police department to reinvestigate this case from' CYBER CRIME'angle 

Any other suggestions from honourable lawyers community isd welcome

 



Learning

 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 June 2016

Sir, 

 

Rather file the fresh complaint for investigation against the persons who have committed the wrong. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


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