Guidance for defense in fir by cbi

Assistant Registrar

Dear Learned Members

I was working with an Institute under MHRD, GoI as an Assistant Registrar, who was assigned the task of procurement duties for various projects/ institutional requirements. It is to mention that none of the procurements could made without recommendation of Technical Evaluation Committee (TEC). During my service at the institute one such procurement was (purchase of stitched blazers) was conducted in the year 2015, wherein all the institutional norms and guidelines were followed to carry out the procurement. Like other cases, this procurement was also conducted under the guidance and supervision of a committee constituted for the purpose by the Competent Authority. Any issues/ complaints with regard to the procurement was placed before the committees and only after getting the recommendations/ endorsements of the committees and approval of Competent Authority, the procurement were proceeded. And finally after all the recommendations/ approval procurement was made (sample approval, blazers distribution, payment releases etc.) 

Now due to my selection to other institute under the same ministry, I rendered my technical resignation and joined the Institute in month end of December 2017. Now after more than 2-3 years, in a tremendous shock I came to know that based on some complaints, CBI has made me party in the episode (CBI finds submission of forged documents in the matter by supplier) and lodged an FIR under section 120B, 420, 467, 468 and 471, which has purturbed me like anything. When I consulted with my previous organization, I was informed that management finds no involvement of me in the episode and they would support me. But all that is verbal, may be due to some constraints. I keep contacting them and I am assured of gettign all sorts of cooepration. 

Now I got to know that CBI has approached my previous institute seeking some sort of sanction to proceed in the case, which again purturbs me like anything as I do not know the further course of action in the matter. More so I am finding it difficult to carry out my current responsibilities due to this episode. 

Just for the reference of all the learned members I am attaching the copy of FIR lodged in the matter and seek the guidance how to defend myself in the issue and what should I do to keep myself safe in the matter.

I believe I have been able to make the issue clear. It would be of immense help if any of you can guide me in the issue.

Your urgent view/ guidance would help me to take correct action in the matter please

Warm regards

Ashok K Gupta



Attached File : 56329 20190527002044 rc0252018a0012 fir by cbi.pdf downloaded 43 times
 
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First of all please note that CBI does not need permission from your previous or present employer to investigate the FIR against you. They may have started investigation and since it is alleged in FIR that you committed the offences while serving with the previous employer. So CBI have reached there first and during gathering all the informations and evidences, your present employer would also state that you have technically resigned from there and joined with the present employer, hence CBI would come to the present employer too to investigate whether they knew anything about your previous case. But since you are employed now with the new employer, so technically CBI shall seek permission from both the employers to prosecute you in the Court.
 
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Assistant Registrar

Dear Sir,

Thank you very much for your clarification. However, I meekly remember one Ministry's order, wherein it is stated to get the permission before starting the prosecution. Could you be kind enough to enlighten me on whether Purchase Officer can be held responsible if the supplier forges with document in any way and submits it to authorities for verfication.

Looking forward your kind suggestion please.

Regards

 
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Yes why not as accomplice, if the prima facie evidence is such during the investigation. 2) You have rightly heard and the same I too have told you that permission is needed before prosecution. And investigation of the alleged crime by the police is not the prosecution.
 
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Assistant Registrar

Could you please suggest me the best possible action to be taken from my end to get rid of such baseless allegation. It would be of greatest help to me. I had only tried to perform my assigned duty diligently and since now I am in farce situation I seek the best guidance to help me to come out of this painful situation.
 
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Oh, come on Mr. Ashok K Gupta, after my clarification dt 27 May 2019, you took 3 months to respond, shows clearly that you are neither interested nor in need of any guidance from the irrelevant people like us about your problem. Bravo.
 
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Assistant Registrar

Extremly sorry for such delayed asking.

I was expecting that my previous management will not like it to get escalated to this level basis of submission of my explanation and the assurances given by them. So, was relaxed a bit. However, the entire episode has started falling on me suddenly. Therefore, I thought it better to consult at this forum where learned members extends their help instead of wondering here and there for suggestions. Few are suggesting me to apply for anticipatory bail, whereas few are suggesting not to worry until charge is proven. Now I am unable to understand what suitable course of action I should take so that it does not affect my currect service. 

I know repeating time and again that I am not at fault may not seem to be a genuine say. 

Extremely sorry for such approach. 

Deep regards

 
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