Vijay (Management Consultant) 29 November 2014

Procedure for requesting cbi's intervention

Respected Sirs,

My father has worked in a Nationalized Bank where a fraud to the tune of 2 crore rupees has surfaced few months ago. Bank's Vigilance wing conducted enquiry and submitted an initial report. Based on the report, senior officials of the Bank have resorted to recovery of fradulent amount from the respective authorizing officers/managers irrespective of the role/motive involved. It was also known/evident to senior officials about the actual culprits who have brought shame to the institution. However, owing to bribes, officials are staying silent and have been trying hard to dilute the matter.

Even after several months, since the complete amount could not be recovered from the employees and based on the objections raised by customers, bank has filed couple of cases in the nearby Police Station after 8 months!

It is to be noted that the fraud of more than 2 crores came down to 1 crore due to recovery from employees. So, based on the vigilance report and complaint lodged by the Bank, State Police Department have filed couple of FIRs and started to investigate in their own pathetic style.

My father had tried several times to inform this matter and tried to escalate upon the Regional management. But, even after several months of persistent communication to Chief Vigilance Officer, Board of Directors, Chairman there has been no positive response and no action.

At this juncture, Regional Management started to victimize my father and got him booked under the FIRs so that he cannot raise his voice any more and that it gives them time to coverup the complete fraud through unethical recovery.

I have tried for possible legal options under these troubles circumstances, but, could not make much headway. Hence, I request your expert opinion to advise how to get rid of State Police and engage CBI for investigating the fraud and bring natural justice to the affected customers, affected employees and punish the actual culprits including the senior officials who tried to goof-up.

Thanks in advance.

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5 Replies

BHUWAN RAJ 09839268489 (lawyer) 30 November 2014

Dear

In case u feel that the investigation is not proper by the local police and they are not doing fair investigation, u can certainly challenge the same by filing a writ petition in the concerned high court under Article 226 of the Constitution of India. However, always keep in mind that the investigation cannot be changed on the request of accused as accused cannot have any say in the investigation. However when u file a Criminal Misc Writ Petition as aforesaid praying for stay of arrest of your father and quashing of false and malafide first information report registered against your father, u can certainly place before the High Court the partisan investigation being conducted by the local police. If charge sheet has been submitted against your father, u will have to file a 482 petition for quashing of entire proceedings against your father. All the petitions shall be filed by your father only as petitioner or applicant as the case may be.

Regards

Bhuwan Raj, Advocate

High Court and Supreme Court of India

Cell : 09839268489.

Vijay (Management Consultant) 30 November 2014

Respected Sir,

For one of the first FIRs where my father was accused, we indeed have approached High Court by filing a 482 petition for quashing of entire proceedings. And, he got a favorable order that he must not be arrested and that he has to support the ongoing investigation. He then started to highlight the wrong doings of Regional Management to the notice of Bank's CVO, Board of Directors, Chairman and he even filed a complaint with CBI for which there has been no favorable response yet.

Subsequently, a second FIR was registered based on additional complaint filed by the Bank making my father as one amongst the accused with the clear agenda to victimize him and threaten him to not to raise voice and not to reveal the procedure deployed by them to conceal / pacify the fraud.

Circumstances are such that the Police Department has inclined towards pressures created by Senior Bank officials and are not investigating the entire fraud in the righteous manner. Hence, to bring the investigation process in the right course, it appears essential to engage CBI. Hence, I request your expert opinion to advise how to get rid of State Police and engage CBI for investigating the fraud and bring natural justice to the affected customers, affected employees and punish the actual culprits including the senior officials who tried to goof-up.

Thanks in advance.

Biswanath Roy (Advocate) 03 December 2014

Let your father serve a complaint addressed to the Secretary, Ministry of Finance, Government of India, South Block, New Delhi, Manager, Reserve Bank of India, Director, Enforcement Directorate, Govt. of India, Director, Central Bureau of Investigation, New Delhi against persons committed fraud describing therein how they are illegally trying to implicate your innocent father and trying to bring him within the fold of their crime to stop him to raise his voice against such fraud and trying to put hedge upon the material facts lying within it by joining hands with certain interested Police Officers..

T. Kalaiselvan, Advocate (Advocate) 03 December 2014

The bank authorities only have to initiate process for CBI investigation and not an individual. The more and more your father will agitate on the issue the more he will be victimised, so better to realise his position and stay away from anymore such steps which may endanger even his survival. The Bank authorities may be in hand and glove with the culprits, so to dissuade further action,they may resort to victimise the whistle blowers. Let your father understand the gravity of the issue and decide accordingly.

Vijay (Management Consultant) 12 July 2015

Dear Experts,

Latest on this problem is that about 40 complaints from customers to the Bank have transpired into one FIR in 2014. Later, again in 2015, 15 more complaints have transpired into a second FIR ! And, it doesnot seem to end there as another large volume of complaints have been reported !

Many staff members working in the branch since several years are all trapped in various FIRs. For some reason, Bank is not seeking for appropriate intrusion of CBI or any such agency with adequate understanding to cull out the facts. They are just lining up FIRs one after the other and then trying to seek for insurance from Deposit corporation of India.

In such a situation, please advise the legal options available for staff members to actually bring the investigation in right direction with right agency like CBI so that the harassement of Police Department can be avoided.

Thanks

Vijay