Pending FIR and Disciplinary action

Querist :
Anonymous
(Querist) 19 July 2011
This query is : Resolved
A case of misconduct against an employee, where a signed cheque of the company was misplaced and eventually cashed by an unknown person. The Chargeshetd Acc. Officr reported the matter to police after three months when case came to the notice of the management. He was suspended and Dept action initiated. Later he was imposed major penatly. However, the status of the FIR is still pending. I want to know how to proceed in such cases as (i) The amount of more than Rs. 1.5 lac is still to be recovered
(ii) the result of FIR awaited (iii) can we close the vigilancecase in such cases. Please advice.

Guest
(Expert) 04 September 2011
Police case and domestic inquiry case are two different things. When the Accounts Officer has already been awarded a formal punishment on the basis of a domestic inquiry, the same should be treated as a closed case at the hands of the management and should not wait for the outcome of the FIR.
However, as and when the suspect of fraudulent withdrawal of the cheque is nabbed by the police and the amount is recovered from him, the officer penalised can claim the recovered amount to the extent recovered from him, but not more than the amount of recovery already affected from him.