Approach of criminal law in civil maters
denish
(Querist) 05 January 2013
This query is : Resolved
I am employee of a Bank. In our bank sealed cover procedure is adopted in the cases of promotions if any inquiry is pending against employee or sealed cover promotions are cancelled if the employee is awarded penalty. I was once selected for promotions but it was kept in sealed cover due to on going domestic inquiry against me, and it was cancelled after penalty imposed upon me. I participated in next promotional process and again it was kept in sealed cover. Latest on 13.12.2012 in the meeting of board of directors my promotion was again cancelled on the basis of previous penalty on which my earlier promotion was cancelled. Penalty once and cancellation twice. I have come to know that the Chairman of the bank mislead the facts before the board with intention to get cancelled my promotion through the board and he is successful by disguising my earlier cancellation. What should I do ? Can I lodge an F.I.R. against Chairman for conspiracy against me with intention to harm me under IPC ?
Ashimta Lekhi Malhotra
(Expert) 06 January 2013
You can sue him for defamation or cheating on the basis of the facts.
Raj Kumar Makkad
(Expert) 06 January 2013
I disagree with Lekhi. Chairman has performed in his official capacity and not in his individual capacity so better to challenge the action taken by bank management instead of doing as desired.
Sudhir Kumar, Advocate
(Expert) 17 March 2013
You appreciation of facts doe snot appear to be correct. First you were under chargesheet so promotion goes in sealed cover. Perfectly legal.
You are penalised. Sealed cover is not open. Perfectly legal.
Now second promotion. In case you are undergoing penalty then there will be no promotion during penalty period even if eligible and selected. Perfectly legal.
But in second case there will not no sealed cover.
You have not intimated if there is any appeal against the penalty.
