Legal Question in Criminal Law in India

In a so-called fraud case, Bank had lodged a FIR under 409 before while the departmental enquiry was in process against me. The police had submitted their charge sheet in the court whereas police had not proved any fraud against me. The bank departmental enquiry was completed after filing the charge sheet in the court. The bank had found lapses on my part and penized by stopping 2 annual instrements for 2 years. This is a minor penalty as per service rules.

Is it appropriate as per criminal law on the part of Bank, that (1) without completing the departmental enquiry, they had lodged FIR under 409 against me. (2) The bank enquiry reveled minor lapses on my part and accordingly they had given minor penalty. (3) Is it correct that bank had lodge FIR under 409 before completing departmental enquiry.

Thanks n regards


Asked on 4/28/14, 4:49 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. Yes. FIR is independent of department enquiry.

2. OK. the bank is entitled to proceed as per service rules.

3. Yes. The FIR has to proceed in accordance with law.

Do not confuse that department enquiry and FIR and inter-related. they are not. The Bank is well within its rights to first register FIR and then proceed against you in a departmental enquiry.

Read more
Answered on 4/28/14, 11:11 pm
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

I agree with the above answer. You may drop in a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/29414

Read more
Answered on 4/29/14, 5:56 am


Related Questions & Answers

More Criminal Law questions and answers in India