False FIR u/s 409,468 and 420 lodged against Central Government Employee False FIR u/s 409,468 and 420 lodged against Central Government Employee

5 years ago

I am a Postal Assistant at a Sub Post Office and a regular Central Government Employee
1. On 30th January 2018, I noticed while transacting my personal Post Office Savings Account that an amount of ?40000/- was showing excess in the balance. The said amount was deposited to my account on 25th January 2018 and I had no clue who deposited it. So, I submitted a written intimation in this regard to the Supervisor of my office who is the Sub-Postmaster(SPM) for taking the necessary steps on 1st February 2018. Again on 9th February 2018, I noticed that another deposit of ?45000/- was made to my account. Source unknown to me. It spooked me so I again intimated my SPM through written intimation on 13th February 2018 and urged him to immediately correct my balance which was now showing excess by a total of ?85000/-. An official error note was maintained and my SPM advised me that I should also give an assurance of fiscal adjustment in addition to my written intimations so that all future problems may be averted, and adjust the amount with reference to any future objections when they arise. Subsequently, as per order, I adjusted the same amount of ?85000/- to Govt. treasury on 22nd March 2018 at 1 pm. But on the same day, an FIR was lodged in the local Police Station by the Sub-divisional Inspector of Posts that I had mischievously transferred unaccounted funds of ?85000/- to my account at about 9 pm, on the report of the SPM himself.

2. On 9th March 2018, an RD Agent came with a complaint that one of his RD LOTS had not been deposited amounting to ?20000/- (Rupees Twenty Thousand only). My Supervisor, on the same day, issued me a written order demanding my Finacle (Banking Software by Infosys) Profile password for investigations regarding alleged complaints of financial irregularities. He did this because I denied to share my password without any written order, as earlier also he had asked for my password in the name of assisting me with the work and I gave it to him in good faith but after that suspected that my profile might have been misused by him to make the fraudulent deposits to my Account as reflected in point 1 above. On the very next day, i.e, 10th March 2018 the Agency of the above Agent along with the agencies of certain other Agents were deleted. As the other Agents started complaining about 17th March 2018 my Supervisor illegally show-caused me blaming me to have deleted the Agent IDs and also alleged me to have taken the Agent’s money and misused the Supervisor Password which is a lie. In the Show-cause notice, he alleged that the irregularity was done by me on 13th February 2018 but he added this to the above FIR on 22nd March 2018 saying I did this on 14th February 2018. He clearly changed statements after getting my reply to his show-cause to better favor him. And although the Agent Receipts had his signature he blamed me in the FIR to have taken the Agents money and to have forged his signature which is a lie. Also, the SPM later paid the Agents to shut them up.

3. Based on these allegations I was suspended on 22nd March for contemplated disciplinary proceedings. Also, I was kept in dark regarding the police FIR and the police also did not contact me until when I appealed against the suspension under 23(1) of CCS (CCA) Rules, 1965. I have obtained AB from the High Court and I was ordered to meet with the IO once a week for three months, which is roughly 14 weeks. I recently completed my 10th visit. Police have not yet filed charge-sheet in Court.

4. One most important thing is the FIR says the misappropriation is approximated at 1.60 lakh whereas they could give no details of the misappropriation because it is just a fabricated complaint concocted by the SPM. Also, I get a salary of approx. 38000/- p.m and have been in service from Feb 2015. I am not married and have no financial burden. So I have had at times much more money at a time in my Saving Account from salary and other sources (My father’s money who is a businessman). Can these be used against me? Police confiscated my passbook.

5. I had given a private loan to my Post Master of ?1,05,000/- (Rupees One Lakh Five thousand) only on 6th January 2018 as he was somehow short on money for arranging his eldest son's wedding and he repaid me back it on consecutive dates-13th February 2018 and 14th February 2018 with interest ?3000/- (Rupees three thousand only). I have the photocopy of the promissory note he gave me with his writing, signature, and seal. Also, these were the dates the Agents complained their RD amounts were not deposited. I assume the SPM took the Agents Money for the posting of bulk RD i.e, RD LOT, but he didn't post them in Finacle, but illegally signed their RD LOTS and gave counterfoils to the Agents and used their money to pay me and is now trying to frame me. What should I do?

Ashish K Dongre

Responded 5 years ago

A.Take paid consultation.
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Deepak Yashwantrao Bade

Responded 5 years ago

A.hallo sir, you should consult with expert lawyer of vidhikarya.
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ROBERT D ROZARIO

Responded 5 years ago

A.Come on paid consultation
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Ambrose Leo

Responded 5 years ago

A.You have a file WP before the High Court of Your Jurisdiction immediatele on all aspect sof the issue with relevant documents.
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