Hello
A complaint must have been filed by the department against you under prevention of corruption act and other sections of the ipc. No action has been taken till date. File a petition in the hc for quashing of the proceedings against you.
Regards
Case booked under u/Ss.7,3 of essential commodities act 1955 and sec 406,408,420 of IPC
Respected Sir This is Gangadharappa , as i am working in kfcsc department ,from past 30 + years In the year 2017 april as usual i was working in the department and i was a godown incharge for distributing the stocks recieved from FCI (food corporation of india)to different socities under karnataka government every month, but in the year 2017 april till 7th april 2017 i had distributed all the stocks. and suddenly i got problem in my health so immediately without hand overing the keys i went to Bangalore to check up my health. later on 14th april 2017 we informed the higher authority regarding the health problem and they said that YOU NEED TO HAND OVER THE KEYS TO OTHER PERSON and go but due to immediate health update as on 17th april 2017 morning i had sent the keys with my son and i had sent to office to hand over the keys and relieve from godown. As per this the district manager ordered take incharge to other person to take incharge and according to that one next day that is on 18th april 2017 morning my son went to godown and opened the keys in front of everyone and on the same day infront of everyone 4 loads of 460 quintals rice had come from FCI and they had taken inside the godown, later on the same day district manager,food inspector everyone said that there is pending bill so we need to give the stock and given the stock till night 11.30 pm but as per the documents i had completed the stock distribution as on 7th april itself and even transporter had claimed the money as per the date, now they had moved all the stock outside??? and later on next day 19 th april 2017 they had done mahajar and mentioning that there was a shortage of stock in the godown and taken signature of my son telling that there was a shortage of stocks value approx 45 lakhs rupees in the go down. and we have all the documents that we had completed the stock as on 7 th april 2017 itself including district manager,food inspector , dictrict commisioner everyone had signed for the bill date that certifing that stocks had been completed as 7 th april 2017 itself and even they do not have any document mentioning the pending bills as on date 17 th and 18 th april So now i am worried about my case kindly suggest me what to and i got bail immediately when they had lodged complete against me in the shiomga court , but its almost all two years from 17th april 2017 still they had not done charge sheet also Kindly suggest me next what should i do
Asked 7 years ago in Criminal Law
Religion: Hindu
14 Answers
Dear Sir,
You are lucky if charge sheet is not file. But it is not known whether you are under suspension or working. If you are under suspension then immediately get it revoked. I have come across similar cases. Such cases will be ended by waiving off or imposing fine during departmental enquiry. Secondly you will get acquittal if you take assistance of clever advocate. If you share more details then I will try to help you.
Dear Cleint,
Let the investigation go on, no harm to you, may be police did not find any evidence against you, so kept it pending.
Either on the basis of bills that all stock cleared (no pendency) on 7th, fiel petition in high court for quashing of FIR or wait till police submit report in court, whether closer report or charged some other culprits.
If charge sheet filed against you, than file application in court for DISCHARGE.
file petition in HC for quashing of FIR
2) mention that false cases have been filed against you
3) no charge sheet filed even after 2 years
4) that no offence of criminal breach of trust , cheating has been committed by you
5) that you had completed the stock as on 7 th april 2017 itself including district manager,food inspector , dictrict commisioner everyone had signed for the bill date that certifing that stocks had been completed as 7 th april 2017 itself
Sir go for a quashing petition before the high court since there is direct evidence available for the same that you handed over and distributed proper stock and there was no shortage the records are verified.
You can apply for Anticiptory bail, ANTICIPATORY BAIL can be applied even before registration of FIR.
You have to challenge the charges on the basis of the documentary evidences supporting your case.
It may take time for them to file the charge sheet, hence you can do nothing about it than to wait for the charge sheet to be filed.
due to this case they had with-held two increments and one promotion , if case is quashed will i get it back and wheather court will order to give me back my promotions and increments to the departments??? and with in a 1 and half year i am getting retired what about my benefits after retirement??? if case is quashed in high court what about departmental enquiry weather it will also close or our quashing order will be value added to say that we had not done mistake and than its a decision of department to take further procedure ?????
Asked 7 years ago
The high would either direct the department to conduct the investigation in a time bound manner or quash the proceedings altogether.
If it is quashed....othing can be done by the department except filing an appeal in the sc. You shal also get your arrears and promotions too.
Regards
If case is quashed you would get your promotion and increments
You should get your benefits after retirement
No charge sheet filed yet, so you cant be held guilty until not proved, stalled two increments and one promotion is illegal.
File writ.
Retirement benefits cannot be with held.
Department inquiry and criminal investigation have separate status.
Necessarily you will get the promotion and increment after the same.
You will get your retirement benefits even if the case is going on.
Sir departmental enquiry is incidental to the case booked so once the case is closed with reference from same departmental proceedings can be closed.
Respected Sir As per the above said following are the things to be clarified :- 1) we had applied for quashing the case 10 month before but yesterday evening in the high court website it is showing as "CASE DISPOSED" and it is showing as Dismissed for Non-Prosecution the same was asked to the concern lawyer they are telling that "you dont question me and it is for your benefit only and if notices are issued then might have put you in trouble"" 2) and also from our KFCSC food department they had put civil suit on me in the local court?? when i had not done any mistake and having all the evidence and written proof document to prove that i had not done any mistake ?? 2) till today police have not submitted the chargesheet regarding the issue (its almost all 2.6 years completing) 3) even in departmental enquiry they had given second notice by mentioning that all the point and allegation made on gangadharappa is not proved but since his son manjunath had signed the mahajar report therefore considering that point gangadharappa had to pay the penality ???? therefore to over come all the above like FIR QUASH, CIVIL CASE, DEPARTMENTAL ENQUIRY , what is the best solution i can do please suggest me
Asked 6 years ago
it appears your lawyer did not attend hearing and hence petition filed for quashing has been dismissed
2) apply for and obtain certified copy of HC order
3) as far as civil suit is concerned file detailed reply denying allegations made against you
4) i have advised you to apply for and obtain certified copy of HC order passed for quashing . then if lawyer was not present and petition was dismissed file complaint against lawyer before bar council and for restoration of petition in HC dismissed for non prosecution
If quashing filed by you is dismissed for non prosecution then your quashing application is in difficulty. If you don't to proceed then it's ok. If You want to proceed then you need to restore the said quashing application. Otherwise you need to go for discharge in lower court
1. See if matter is disposed for non prosecution then in that case your lawyer failed to appear before court . The lawyer is misguiding you the case has to be restored before the court.
2. You need to contest the suit before the civil court and can file an application for rejection of the suit.
3. Police based on her investigation can file charges sheet if they still fail and delay you can pray before the high court.