Reinstatement after acquittal in cr case possible?

Dear Mr. Gabriel,

 

I have sent a link to you.Kindly share your valuable opinion.

 

A comprehensive view can be formed only on seeing the papers leading to disciplinary case and the litigation thereon.  The author may not be able to post all the relevant facts (though tried best) online.

One example of "force" with which the management proved their case: The charge was that some Rs,150000 was paid back by the accused. They produced three computer receipts showing the deposits by cash and cheque. In the concerned industry it is imperative that a challan has to be filled up and presented over the counter along with cheque or cash. That challan has to bear the handwriting and signature of the accused. Only then it will be proved that the accused paid the sum of money. No such challan was produced although the management witnesses admitted that no money can be deposited without challan. They said that a large sum has been paid by cheque which was encashed from the account of the accused. They failed to produce the bank clearing details testifying that the cheque was cleared from the accused's bank account. Their argument was it was no body's interest to pay such large sum so it must be the accused. It was reasoned how will it be in the interest of the accused? Repayment will confirm the involvement! The entire disciplinary proceeding was conducted on the basis of mere xerox copies of evidences. Not a single original or certified copies were obtained and presented.

One example of "force" with which the management proved their case: The charge was that some Rs,150000 was paid back by the accused. They produced three computer receipts showing the deposits by cash and cheque. In the concerned industry it is imperative that a challan has to be filled up and presented over the counter along with cheque or cash. That challan has to bear the handwriting and signature of the accused. Only then it will be proved that the accused paid the sum of money. No such challan was produced although the management witnesses admitted that no money can be deposited without challan. They said that a large sum has been paid by cheque which was encashed from the account of the accused. They failed to produce the bank clearing details testifying that the cheque was cleared from the accused's bank account. Their argument was it was no body's interest to pay such large sum so it must be the accused. It was reasoned how will it be in the interest of the accused? Repayment will confirm the involvement! The entire disciplinary proceeding was conducted on the basis of mere xerox copies of evidences. Not a single original or certified copies were obtained and presented.

One example of "force" with which the management proved their case: The charge was that some Rs,150000 was paid back by the accused. They produced three computer receipts showing the deposits by cash and cheque. In the concerned industry it is imperative that a challan has to be filled up and presented over the counter along with cheque or cash. That challan has to bear the handwriting and signature of the accused. Only then it will be proved that the accused paid the sum of money. No such challan was produced although the management witnesses admitted that no money can be deposited without challan. They said that a large sum has been paid by cheque which was encashed from the account of the accused. They failed to produce the bank clearing details testifying that the cheque was cleared from the accused's bank account. Their argument was it was no body's interest to pay such large sum so it must be the accused. It was reasoned how will it be in the interest of the accused? Repayment will confirm the involvement! The entire disciplinary proceeding was conducted on the basis of mere xerox copies of evidences. Not a single original or certified copies were obtained and presented.

One example of "force" with which the management proved their case: The charge was that some Rs,150000 was paid back by the accused. They produced three computer receipts showing the deposits by cash and cheque. In the concerned industry it is imperative that a challan has to be filled up and presented over the counter along with cheque or cash. That challan has to bear the handwriting and signature of the accused. Only then it will be proved that the accused paid the sum of money. No such challan was produced although the management witnesses admitted that no money can be deposited without challan. They said that a large sum has been paid by cheque which was encashed from the account of the accused. They failed to produce the bank clearing details testifying that the cheque was cleared from the accused's bank account. Their argument was it was no body's interest to pay such large sum so it must be the accused. It was reasoned how will it be in the interest of the accused? Repayment will confirm the involvement! The entire disciplinary proceeding was conducted on the basis of mere xerox copies of evidences. Not a single original or certified copies were obtained and presented.

One example of "force" with which the management proved their case: The charge was that some Rs,150000 was paid back by the accused. They produced three computer receipts showing the deposits by cash and cheque. In the concerned industry it is imperative that a challan has to be filled up and presented over the counter along with cheque or cash. That challan has to bear the handwriting and signature of the accused. Only then it will be proved that the accused paid the sum of money. No such challan was produced although the management witnesses admitted that no money can be deposited without challan. They said that a large sum has been paid by cheque which was encashed from the account of the accused. They failed to produce the bank clearing details testifying that the cheque was cleared from the accused's bank account. Their argument was it was no body's interest to pay such large sum so it must be the accused. It was reasoned how will it be in the interest of the accused? Repayment will confirm the involvement! The entire disciplinary proceeding was conducted on the basis of mere xerox copies of evidences. Not a single original or certified copies were obtained and presented.

You have posted that:

 

" HC stayed the DP on account of identical charge, identical witness and evidence but directed the lower court to complete within 1 year. In 2008 the management approached HC to vacate the stay. Vacated with a restriction that final order can not be passed without HC's permission, DP started. No charge out of seven charges was proved. Received EO's report. 

I approached HC for allowing to release the final order. HC allowed saying the final order has to be issued taking note of the EO's report and the law of the land.

 

Nothing proved there. Expecting an acquittal on merit

No such challan was produced although the management witnesses admitted that no money can be deposited without challan.

They failed to produce the bank clearing details testifying that the cheque was cleared from the accused's bank account.

Not a single original or certified copies were obtained and presented."

 

All of it seems to be in your favor.

Mr. Isaac Gabrial is right. you will get you job bact and finalcial benefit like arrear or suspension salary.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

Thanks for the thought and opinion

Go thru EO's order and Rules pertaining to DP.

Have you shown all dcos on record to a very able counsel specializing in service matters and well versed with DP?

If yes what is the opinion of your own counsel!

 

 

 

Sorry sir, got ill, could not answer in time.

I got dismissed in March 2016. Our Staff regulation prompts one to appeal to the appellette authority. I submitted my appeal in May. So by Nov the date will be over for them to answer, Then the memorial is to be submitted to the highest authority. My lawyer as adviced to exhaust all these means before I came  to court. Mean while the CBI case is in the Final Argument stage, so within a couple of months or three months, the verdict will come. I am planning to wait a bit and approach the court a little later with all necessary gears,  

Meanwhile the authoritirs sent me a discharge voucher asking me to sign on it. The voiucher contains my PF accumulation with interest earned in the Debit side allowing all my existing loans and the recovery that the authorities have imposed on me in the Credit side. Whereas the provision is (Staff regulation): the recovery is to be made from the gratuity. I did not consent, waiting for their response.

Pl advise how to go about it.

First things first send a response to the authorities that as entire appeal procedures as per Officer's regulations have not yet been explored, request them to keep the issue in abeyance.

Coming to Gratuity, I have my own doubts, whether they will pay you gratuity or not.

As your counsel has advised you, wait for the response and explore the left out avenues.

But believe me Bank may not budge one mm also in these cases.

Explore as to you can negotiate for compulsory retirement and for this you need your association's help.   Even if you go to court, Court is never kind to any officer involved in frauds. (Establishing a fraud is different for them, a mere suspicion is enough for them as every thing may not be established and certain presumptions have to be made)

Step cautiously and take decisions only after careful thinking.

The one thing I do not understand is why you have not informed earlier that you got terminated from services in Mar, 2016 whereas experts have expressed different opinions hoping that such things can never happen.

I believe that entire papers need to be seen before froming a clear view and the quthor may not be able to post the entire facts on the net.