Responsibility of employer.

Replies to points raised by Mr. Sudhir Kumar

Q. "has a wrongful tender been awarded by govt department on you bid?

Ans. It was not wrongfull. But under pressure from higher level politicians the departmental investigation was later transfererd to investigating agency, the investigating agency is trying to prove that it was wrongfull.

Q. Has a criminal case bene registered? (you are not disclosing if the proceedings are civil or criminal)

Ans. Yes the case has been registered and proceedings are criminal (Prevention of corruption Act)

Q. were the Directors of the company well within their powers (as per MOA) to authroise you to bid?

Ans. Yes, directors were authorised to give POA. There were three directors in the company. However, the POA has been signed by only one company.

Q. Has company ratified the said bid after award and gained any business (or attempted) out of the bid?"

Ans. No.

The directors of company have colluded with investigating agency and have got clean chit citing the reason that they were non-technical and all matters of the company were looked after by their attorney.

However, the fact is directors were controlling whole and POA were given on work to work basis and was not GPA.

How it can be proven in the court of law that performance of act of attorney in discharge of his duty for the company was for and on behalf of the company and only the company is accountable, not the individual employee of the past.

Regards.

Sandeep

You replied to my questions my comment /advise as under :-

Replies to points raised by Mr. Sudhir Kumar

Q. "has a wrongful tender been awarded by govt department on you bid?

Ans. It was not wrongfull. But under pressure from higher level politicians the departmental investigation was later transferred to investigating agency, the investigating agency is trying to prove that it was wrongfull.

·         When criminal case is registered then the tender is wrongful. The officials of the purchasing deptt will also be accused. You approach investigating agency if they need you as approved witness (normally in corruption case they do not need)

Q. Has a criminal case been registered? (you are not disclosing if the proceedings are civil or criminal)

Ans. Yes the case has been registered and proceedings are criminal (Prevention of corruption Act)

·         When  criminal case is there then you have no right to get legal support of the employer.  If in PSU you can get reimbursement if acquitted.

Q. were the Directors of the company well within their powers (as per MOA) to authorize you to bid?

Ans. Yes, directors were authorised to give POA. There were three directors in the company. However, the POA has been signed by only one company.

·        
When criminal case is against you only and not against the Directors then it appears they acted as per MOA and authorized you to do certain action and you transgress the POA and submitted a wrongful tender (off course or the benefit of PSU). Otherwise you Directors could also have been accused.

Q. Has company ratified the said bid after award and gained any business (or attempted) out of the bid?"

Ans. No.

·         If the action (for whose illegality you are charged) is not ratified by company, not within the poer of POA given to you then the position apparent is that you acted beyond jurisdiction on your own.