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Same act of omission and commission how can be criminal offence for one and negligence of duty for another. Same act of omission and commission how can be criminal offence for one and negligence of duty for another.

5 years ago

I was a postal assistant in department of post and postmaster ordered me for taking backup on three respective dates of three respective months of 2012. I have taken these backup and given to postmaster and I has been transferred on 23.05.2013. As per rules the backup should be taken daily by the supervisor and ensured by the postmaster. A fraud has been come in to light in 2014 and charge sheet has been filed by cbi in 2017 and only allegation is that i did not take backup on said three dates.
I replied I have taken it and Postmaster is custodian and it is his duty.
CbI replied it was the negligence of duty for postmaster and departmental action has been taken against him so than how can it criminal offence for me.
while postmaster regular till 2014 did not ensure backup has been taken and I only for three days made responsible a criminal offence and criminal conspiracy.

Rajender Prasad

Responded 5 years ago

A.Dear client, see the result of cbi enquiry/ depttal enquiry, I f you find you have not committed any offence you can approach, High Court for quashing FIR. For details, pl. contact some advocate through vidhikarya.com
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client if fir filed then it can be quashed in high court or you can discharge from all allegations.
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Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
First try to sort it out through departmental procedure.
You must have a job chart... like your job which need to do everyday, reporting ( to your Seniors as per the Guidelines) etc.Failure to comply/Non Compliance and delay in compliance will be looked in to from a different angle. You can not compare X with Y.This comparison can be taken up at the time of departmental Inquiry and also in the Court of Law.
Shanti Ranjan Behera,Advocate
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir

You will get discharge if charge sheet filed if not F I R will be quashed
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir please you should approach to the any local lawyer otherwise call me through the vidhikarya service. For better understanding or clarification of the fact
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