• Falsely Framed u/s 409,420 and 468

I am a Postal Assistant at a Sub Post Office and a regular Central Government Employee 
1.	On 30th Jan 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 Jan 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 necessary steps on 1st Feb. Again on 9th Feb 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 Feb 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 financial 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.As per order I adjusted the same amount of ₹85000/- to Govt. treasury on 22nd March at 1 pm. But on 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, which I am assuming on report of the SPM himself. 

2.	My Supervisor, on 9th March 2018 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 complaint or order, as earlier also he had asked for my password 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 Agencies of certain Recurring Deposit Agents were deleted. On 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 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 favour 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 baseless lie. 
 
3.	I was suspended on 22nd March for contemplated disciplinary proceedings and no subsistence allowance provided till date despite my monthly undertakings under FR 53.I appealed against suspension under 23(1) of CCS (CCA) Rules, 1965. I have also taken AB from HC. What should be my next step and can I sue the SPM for criminal defamation
Asked 4 years ago in Labour

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

You should file a quashing petition before the high court for quashing the case as well as the show case notice, as this can be visible from facts and further it should be established before high court that you are falsely implicated in the offence. file quashing with the relevant documents to establish it was done without your knowledge and you are being falsely implicated. Place on record the complaint you made before the authority,

further in case your acquitted of the proceedings or they are quashed file a case against the SPM for criminal defamation and malicious prosecution along with the damages for damaging reputation and defamation.

Also what is status of enquiry and Investigation??

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

wait for investigations to be completed and charge sheet filed

2) then file for quashing in HC

3) you have on your own accord pointed out un accounted deposits in your account

4) there is no case made out of forgery , cheating against you

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

The next step should be to file for quashing of FIR in high court under 482 Crpc. Provide with all the letters that you had submitted to SPM which will help you get the FIR quashed. Thereafter lodge a civil and criminal defamation against your SPM claiming for damages. Also you can initiate criminal proceedings for criminal conspiracy against SPM for failure to take action on your letter by filing a private complaint under section 200 Crpc with local magistrate directing the police to investigate matter against SPM.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Concern,

please take note -

1. Without giving any second thought to this you should move before the CAT (Central Administrative Tribunal) as you are a central government employee stating that -

(a) your suspension is bad -

(i) as you have not been provided to enough opportunities to state your version of the story and defense,

(ii) as there are no proofs available against you which on a prima facie note proves you to be guilty,

(iii) as the allegation raised against you are false and frivolous and there are no factual proof in relation to the same

In your case you should make Ministry and Post Office General as party along with your senior who is being doing all this thing.

Besides this, you should bring up a complaint against your senior who is doing this against you before the internal committee (domestic enquiry) seeking establishment of enquiry commission against your senior and his alleged involvement. If they refuse to honour your complaint then you should bring a criminal complaint of fraud against your senior. Its a criminal matter as the fraud has been committed in your case for which your senior is trying to allege you. You can also involve those whose RD accounts has been deleted in your criminal complaint.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Dear Client,

No case of Defamation but bring all the records ( written intimation of deposit ) in to police investigation, also, intimation of financial adjustment. Once closer report filed by police, file complaint u/s 182 IPC.

Seems like you are falsely implicated, well entitle to subsistence allowance even suspension order not set aside.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You cannot sue the SPM for defamation offence because there is no defamatory contents in this.

Since the matter has been taken up through police also, you have to defend yourself accordingly

For getting the subsistence allowance you may write to the authorities concerned.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1) wait for investigations to be completed

2) don’t file any complaint of criminal defamation at present

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Sir when inquiry and prosecution is quashed against you, you can file a defamation suit for damages and criminal case for defamation under 499 and 500 ipc along with malicious prosecution against the officers and the case of defamation for claiming damages against newspapers who tarnished your image.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Against the news channels and SPM you can file civil defamation case seeking for damages and also criminal defamation case. No action can be taken against inspector since he was discharging his duty. You need to get acquitted firstly to file the defamation suit and need to issue notice to them before filing a suit.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

I am afraid that you may not be able to take any legal action agaisnt the individual officers because they will escape in the garb of official duty.

Though their intention was to trouble you, ther may not be any respite to you against them except that you have to safeguard your interests

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer