vicarious liability

Querist : Anonymous (Querist) 26 April 2010 This query is : Resolved
my father who was an employee of bharat pumps commpresoor ltd a public sector undertaking.his job was to get deal in insurance related matters of company.he reetired after on superannuation on 31 dec 2000. in 2003 he got a summon from cbi,anti corruption court lucknow saying he is an accused in a case where he processed a claim for the company and got the claim admissible to the company which is 100% subsdiary of govt of india.cbi says that the said marine insurance claim filed by my father on behalf of the company was otherwise not admisible.my qns is wether my father is accused for corruption, secondly he did everything as an employee of a company.he retired at 60 with 34 yrs of service with utmost sincerety.now he is fighting the case by his own,he does not even gets pention,he is 70 yrs now sick with all sort of old age disease.pls advise on:- (i) can a person be accused under sec 13 1 r/w 13 2 ie is corruption,where the said claim has been deposited in account of company of govt of india.
(ii) what is mensrea factor of my father (ie is main ingredient of a crime)
(iii) how can cbi decide that the said insurance claim was inadmissibe and the court without deciding about the admmissibilty of the claim directly started the trial and decide that my father is an accuse and progressed with the case.

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Raj Kumar Makkad (Expert) 26 April 2010
The entire process adopted by CBI is wrong and erroneous. At least a preliminary enquiry before processing further is required in such matters which it has not conducted as per your query. A criminal case can be filed even after retirement if a wrongful act has been done by him while performing his job having no mens rea even.

I think it is better to take up the matter before HC under 482 and seek quashing of FIR.

Akhilesh Kumar (Expert) 26 April 2010
Ques is who has filed the complaint against your father? If company has filed then they must have report or chargesheet of the case. there must have departmental inquiry. If this has not been done and your father has filed the claim on behalf of company bonafidely and deposited in account of the company then you should definitly file quashing u/s 482 before the high court.
or defend the case before cbi court strongly with the help of counsel.

No one can upheld the pension of any employee.for this you should file a writ before high court.

Querist : Anonymous (Querist) 27 April 2010
Insurance claim was done in year 1988-89,claim setteled in 1993.Actually the fir was filed by CBI against two persons officials of insurance company in 1998,investigation was done by cbi further,since my father was attime still serving he furnished full details of procedures adopted by him in filing the claim.However CBI filed the chargesheet accusing my father also for conspiring with those two insurance officials.However the thing which i cud not understand that how can CBI inspector decide by his own about the admissibility of the claim.The court should have decided it rather by making my fathers company and insurance company as a party to the case. after this if the court would have decided that the claim was really not admissible then they should have proceeded with my father naming a accuse and party to the case.

Querist : Anonymous (Querist) 17 May 2010
pl advise after above clarifications which i have mentioned after the reply of two learned counsels.

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