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P Sadagopan (retired)     09 December 2012

Legal action

I am a  bank employee retied from service  on 31/05/2009. CBI has filed a case on me on PC act on June 2011 for an act which I processed on Aug 2005. Pl tell me whether the 4 yr limitation period will apply? My employer has not taken any action on me others involved in the loan proposal process. It is intersting to note that  the sanctioning authoritry   and  my fellow processing officer were not charge sheeted. Pl tell me the legal remedies available.



 3 Replies

H. S. Thukral (Lawyer)     09 December 2012

If the punishment for any offence is more than three years there is no limitation for taking  cognizance of comlaint. 

2 Like

(Guest)

Agree to Mr.Thukral on above.

The remedies available are only two- either to face the trial or go for quashing, depending on the facts of the case.

 

 

 

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

2 Like

P Sadagopan (retired)     11 December 2012

Gentlemen,
Thank you very much for your reply. I quote from Vigilance Manual brought out by CVC which reads as under:
If a Government servant is found guilty of a grave misconduct or negligence as a result of judicial proceedings instituted against him before his retirement, including re-employment, action may be taken against him by Government under Rule 9 of the CCS (Pension) Rules, 1972. Such action cannot, however, be taken on the results of any proceedings instituted after his retirement unless the proceedings relate to a cause of action which arose or an event which took placed not more than four years before the date of the institution of such proceedings. 4.2.the Union Public Service Commission is to be consulted before making any order under Rule 9 of the CCS (Pension) Rules, 1972 on the basis of the results of any judicial proceedings

. 5. Determination of the date of institution of proceedingsVIGILANCE MANUAL
5.1.For the purposes of rule 9 of the CCS (Pension) Rules, 1972, a departmental proceedings will be deemed to have been instituted on the date on which the statement of charge is issued to the Government servant or to the pensioner concerned or if he had been placed under suspension from an earlier date from the date of suspension. 5.2.A judicial proceedings will be deemed to be instituted:(a) (b) 6. in the case of criminal proceedings, on the date on which the complaint or report of police office, of which the Magistrate takes cognisance, is made, and in the case of civil proceedings on the date of presentation of the plaint in the Court.

What I understand from the above is that for a similar offence a Govt employee may escape from law but not a bank employee. The latter has no such rule in his pension regulation.

Can you please suggest any other remedy,
Thank you,
Sadagopan

 


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