Reinstatement after acquittal in cr case possible?

The disciplinary authority turned 360 degree and sent me a show cause notice proposing penalties of removal and a recovery proving 3 charges out of seven proved forcefully. HC ordered the Disc Authority a personal hearing. Done after a fashion. Removed on 31/03/2016 after 26 years of service with 10 more years remaining. Appealed. Not answered as yet. 5 out of six month period of considering the appeal is over. No dues paid even after six months. CBI case on the verge of completion. Nothing proved there. Expecting an acquittal on merit.

 

...I clearly posted therein...

The author may also go thru:

 

https://www.lawyersclubindia.com/experts/Apex-court-currency-of-a-suspension-order-should-not-extend-beyond-three-months-619901.asp

 

 

 

 

As for your aspersions on bank not budging in these cases, there has been a recent ruling by the Apex court in a case between S K Kool and bk of Baroda, where the Apex court has ordered to clear all terminal benefit even though it was a case of removal as punishment.... So.

Go thru:

 

https://www.allbankingsolutions.com/Wage-Revision/2nd-Pension-Option-Denial/BOB-SC-Dec2013-CRS.htm

 

https://judis.nic.in/supremecourt/imgs1.aspx?filename=41066

Exactly. And even in our Staff Regulation it is clearly stated that gratuity will be paid to such candidates to the extent of the eligible limit minus the recovery.

So the rules and judgments in similarly placed cases are available for you.

In continuance with it, I would put forward another issue for your kind opinion and guidance.

The State owned Insurance authorities issued the order of "Removal" and a recovery on 31/03/2016. After a lapse of so many months they have sent a disbursement voucher wanting me to sign on it wherein they have proposed to recover the " Misappropriated" money from my PF.

My question is whether such recoveries can be made from my PF (which comprises of my contribution and interest earned therein only) and whether Gratuity is payable in case of such removal. Worth mentioning here that I was removed after a service period of 26 years and 10 more years remaining. 

As a matter of fact my criminal trial is on the verge of completion. Final arguments are underway. The case is extremely favourable for me.

Since 31/03/2016, the Insurance authorities never bothered to make any payments. They had some of my loans to square up from my PF. loans taken from PF and a co-operative loan, which I agreed and gave consent to.

In respect of the recovery of the alleged misappropriation amount, I demanded the order of the competent authority asking for such deduction, from the officer proposing such deduction. He advised me to contact the personnel department. I reiterated that it is not my forte and cleared the point that I will not consent to such deduction to be made from my PF.

They have not sent me  any voucher for gratuity, which means they are not paying it although the staff regulation clearlt says,

"Notwithstanding anything contained in sub-rules (1) and (4)
(i)
where the penalty of dismissal is imposed on an employee for any act
involving violence against the management or other riotous or disorderly behaviour in or near the place of employment or for an offence involving moral turpitude provided that such offence is committed by him in the
course of his employment, the Gratuity payable to him shall stand forfeited;

and

(ii) where the penalty of compulsory retirement, removal from service or
dismissal is imposed on an employee for any act involving the Corporation
in financial loss, the Gratuity payable to him shall stand forfeited to the
extent of such loss."

It clearly shows that Gratuity is the fund wherefrom the recovery is to be made.

As per direction of Mr. Kumar Doab, I continue this post in the original thread. Sorry for the inconvenience.

I have been threatened of an imposition of an interest on the recovery, in case of my delay, completely overlooking the fact that they have not bothered to make my payment for six months from the date of removal.

You may pick up relevant points from another thread;

 

https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp           

 

As per you the financial loss is not proved and speaking order for forfeiture of gratuity is not passed after opportunity of hearing and natural justice.

 

Rest your own counsel that has examined all docs and inputs can advise you further.

 

I have a querry sirs. In my disciplinary proceeding there were a few documents that were presented from the management side. All those documents were seized by the CBI and submitted in th court. The xerox copies of some of the documents were produced in the disciplinary proceeding. Not a single document was certified/ attested far from being original. There is a CVC circular that attested or certified copies of the documents are to be obtained from court/ CBI in order to produce them in the departmental proceedings.

I attach a link from Ministry of Finance in this respect

https://www.cbec.gov.in/htdocs-cbec/deptt_offcr/circ-deptl/xerox-dept-inquiry

My question is is natural justice not violated if decisions are taken on the basis of mere xerox copies? Can mere xerox copies, unattested and non-certified, can form admissible evidence in departmental proceeding which is quasi-judicial in nature? 

Submit the points to court.

ok sir

 

Your queries have ben replied.

Your own counsel that has examined all docs on record can guide you further.

 

Sir,

I corresponded over my case.

The trial that was going on in CBI 3rd Spl court at Kolkata has finally come to an end and I have been awarded with an acquittal on merit. In a 120 page verdict that Ld Judge reasoned with a speaking manner and has come op with the decision that "the charges are omnibus statement standing alone to be proved"...I have represented the department as well with a rejoinder to my Memorial annexing a copy of the verdict.

The concluding lines of the verdict go thus: "The accused XXXX XXXXXX is found not guilty of the charges under sctions 419/420/467/468/471/477 and 477a of the Indin Penal Code and under section 13(2), r/w 12(1)(d)of Prevention of Corruption Act, 1988 and thus he is acquitted from this case u/s 235(1) Cr.P.C. He is released from his bail bond. Alamats, if any, be destroyed after the appeal period is over.

The case remains disposed of"

The charges of my company (LICI) and the those tried in the CBI court were identical. The witnesses and the documents were also identical. Do you think it is likely that the company should oblige? And, how shopuld I send the copy to you for your kind assessment as to whether this is an honourable acquittal?

I have sent PM as well but not sure whether they were sent or not. Advice in any forum will do.

My regards,

It is good that you have been acquitted.

Ideally dept proceedings on self same charges may be dropped.