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vikas bhat (inspector)     04 September 2012

Question

i am a govt employee and charged by cbi under anticorruption laws. I have already been suspended by my department but they are well convinced that i am innocent and was trapped in a false case. I was in the custody for 10 days and now absolute bail has been granted. My department wants me to help please tell me if i can be reinstated after i have been bailed out as in case of athlete Pinky Pramanik whose suspension has been revoked by Indian railways after she was bailed out by 36 Pargana court... please suggest



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 8 Replies

Sudhir Kumar, Advocate (Advocate)     15 September 2012

You already stnd advised well in other threat at https://www.lawyersclubindia.com/experts/reinstatement-after-bail-336426.asp

1 Like

vikas bhat (inspector)     31 January 2013

 sir thank u so much for ur previous detailed reply

 

i have few more quiries to trouble you...

i wanted to know that if corruption charges are dropped by CBI during investigation and some other charges like that of 'misuse of official position' leveled to sustain their trap; is it still required for CBI to seek Sanction for prosecution from my parent department.

I mean to say is it mandatory for CBI to seek 'sanction for prosecution' in any case,  irrespective of the type/nature  of charges framed.

Further I wanted to know that  is there some time limit to file the charge sheet or CBI has indefinite time to come out with charge sheet.

what other options are available with CBI other than sending a case for prosecution...???

Sudhir Kumar, Advocate (Advocate)     27 July 2013

if corruption charges are dropped by CBI during investigation and some other charges like that of 'misuse of official position'

 

 

have already been replied on earlier thread by various experts do not take viva on separate thread

be enlightened that misuse of official position is also an independent criminal offence covered under  PC Act 1988

Sudhir Kumar, Advocate (Advocate)     27 July 2013

leveled to sustain their trap;

Trap is generally a self sustaining charge and misuse of official position is ingredient of charge besides being separate charge in itself.

Sudhir Kumar, Advocate (Advocate)     27 July 2013

 

is it still required for CBI to seek Sanction for prosecution from my parent department.

 

You have already been replied on earlier thread by various experts do not take viva on separate thread

Sudhir Kumar, Advocate (Advocate)     27 July 2013


I mean to say is it mandatory for CBI to seek 'sanction for prosecution' in any case,  irrespective of the type/nature  of charges framed.

 

You have already been replied on earlier thread by various experts do not take viva on separate thread

Sudhir Kumar, Advocate (Advocate)     27 July 2013


what other options are available with CBI other than sending a case for prosecution...???

 

You have already been replied on earlier thread by various experts do not take viva on separate thread

Sudhir Kumar, Advocate (Advocate)     27 July 2013

Further I wanted to know that  is there some time limit to file the charge sheet or CBI has indefinite time to come out with charge sheet.

If no chargesheet is filed within three months of arrest then you apply for bail on this ground.


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