What to do .
prashant pundhir
(Querist) 09 May 2011
This query is : Resolved
Dear Experts,
I am handling a case of bank van robbery i.e. of 394,395,396,307I.P.C.,25/27A.act and the case is that the victims looted a bank van carrying the cash of 5 crore rupees .Inside the van,there is a security guard with two more employees having the licensed weapon but no one tried to secure the cash and not a single fire was done from inside the van .The only way for the defence was to mold the whole charges towards the bank staff and the security guard and I adopted that .Now the case is almost on the final stage .The statements of 313cr.p.c have been recorded .
Now the problem is that the bank also started to suspect on its innocent staff and suspended the security guard and the other employees .Is there any way to protect those innocent persons ?
PARTHA P BORBORA
(Expert) 09 May 2011
. you have nothing to do my friend. they have not tried to save the cash and not tried to prevent the robbery. so they failed to perform their duty and that is crystal clear.
it appears from your query that they were suspended. Suspension is not punishment. the bank must conduct a D/P against them and in a D/P sufficient opportunity shall be provided to them show cause. So, don’t worry
Guest
(Expert) 09 May 2011
The question is not clear whether you are defending the van robbers or the bank staff, as you have first used the word "victim" for the robbers and also stated that "the only way for the defence was to mould the whole charges towards the bank staff. On the other hand in the 2nd paragraph you have stated about the employees of the bank by asking "is there any way to protect those innocents?"
2ndly, how this disciplinary case against the employees is with you, whether as a defence assistant in the departmental inquiry case or as a lawyer for their court case?
Unless you clear these points, you can expect mixed up, confusing and misleading replies.
Guest
(Expert) 09 May 2011
I agree with PS Dhingra Advise.
The bank suspended the security guard because he fails to perform his duty.
deepak kumar
(Expert) 10 May 2011
criminal case and departmental proceedings are two separate things and are not linked. The bank staff have been suspended for dereliction of their duty.
In criminal case it does not appear that they are accused so there is nothing to worry. They will have to give a plausible explanation for their inaction to the bank.
prashant pundhir
(Querist) 12 May 2011
Dear Friends,
Once again I won more case and all the accused released from the court.Lot of money I made,but this time there is some guilty feeling as court also passed the order to the bank to suspend all the staff and also to lodge the FIR against him .
Two of them are on the verge of retirement .
Thanks to all of you .
deepak kumar
(Expert) 13 May 2011
Let this case be an example for your future. The fact that you have heard your inner voice will save many innocents in your future cases.
