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Tanmay Datta   04 July 2016

409, 420 and 468 forgery case

was employed under a psu bank. i have been given a forgery case under ipc section 409, 420 and 468. currently i am under suspension. the bank has handed me suspension letter stating that i can withdraw my subsistence allowance through my salary a/c but on the other hand they have freezed my salary a/c and i am unable to withdraw my subsistence allowance. currently i have applied for anticipatory bail which is pending in high court. it had been more than six months since i have been suspended. sir. this is also to inform you that my age is 30 and my career is at risk so i decided to sit for other govt exams and i have cleared for a supervisor post in a pse which is wholly owned by govt of india. presently i have been called for a interview. can i join the service ? kindly show some way to save my career. i also want to meet you for appointment if necessary as i am based in kolkata. please reply back. thanking you


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 12 Replies

Kumar Doab (FIN)     04 July 2016

Repeated query:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=139308

 Continue in other original thread only.

adv.raghavan (Advocate,9444674980)     06 July 2016

There is no bar in joining new openings,,charges are yet to be proved,but  be sure that the concerned PSE should allow for this.Legally you are innocent till proven guilty. Go by terms of employment and take a call.

1 Like

Tanmay Datta   06 July 2016

thank you sie for your kind advice. i did not yet find any clause in the appointment letter to debar me from joining the new pse. i have applied as a fresher in the exam and have not claimed any experience .

Kumar Doab (FIN)     06 July 2016

You have committed Blunder(s).

Did you at all consult a good counsel, so far?

 

1 Like

Tanmay Datta   06 July 2016

sir, i have not yet joined the pse. just appeared for the interview. i want to get remedy through the forum. kindly advice me as to how i can join the pse?

Kumar Doab (FIN)     06 July 2016

You have concealed from PSE.

 

You have committed Blunder(s).

Did you at all consult a good counsel, so far?

Tanmay Datta   06 July 2016

yes. i have also consulted a good counsel. the bank has not paid me any subsistence allowance to me in cash, because they have put a hold in my salary account. how can i survive for a living? although the job category in pse is temporary it is likely to continue in future. please suggest as to how i can continue my living by joining the new pse?

Kumar Doab (FIN)     06 July 2016

Get honorably acquitted from all charges.

The lien is probably marked as bank is laying claim to fraud.

What is the opinion of your counsel that has examined all of your docs and inputs?

 

Sudhir Kumar, Advocate (Advocate)     09 July 2016

Originally posted by : Tanmay Datta
yes. i have also consulted a good counsel. the bank has not paid me any subsistence allowance to me in cash, because they have put a hold in my salary account. how can i survive for a living? although the job category in pse is temporary it is likely to continue in future. please suggest as to how i can continue my living by joining the new pse?

You are dilegently trying to confuse two independent issues.

So far the corum could not get confused.

(I) Non payment of subsistance allowace a cler irregularity on the part of employer which is clearly amounts of denial of opprtuinity of defence.  They have no jhustification if this is challnaged in the court.

 

(II) Joining another PSU is just not possible as long as a case is pending and as long as you are not acquitted on merit. The PSU is not obliged to keep the post vaccant till eternity and most likely to close the case.

Sudhir Kumar, Advocate (Advocate)     09 July 2016

Originally posted by : adv.raghavan
There is no bar in joining new openings,,charges are yet to be proved,but  be sure that the concerned PSE should allow for this.Legally you are innocent till proven guilty. Go by terms of employment and take a call.

"innocent till proven guilty. "  I wish if this could happen in servic jurisprudence as well.  In joining and serving Govt one has to be proved guilty till proved exhonerated.

 

The concerned PSE if knowing the facts can never allow joining.  They must be having well elightened HR personnel.

Sudhir Kumar, Advocate (Advocate)     09 July 2016

Refer https://www.lawyersclubindia.com/forum/details.asp?mod_id=139308&offset=1

 

You are already advised against gettin in another job by fraudulently concealing.  PSU will also give you attestation form where you have to clearly state whether any criminal case is pending.

Kumar Doab (FIN)     09 July 2016

Why to repeat?

You may better consult a counsel worth his salt, well versed with such/labor/service matters.


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