• Legal query

I am an employee of bank where as I have resigned and serving my notice period. Mean while we got (around 32 employees) a letter from bescom vigilance office to attend to their office. In 2013 one account was opened in the name of bescom A1 18......logistics travel limited.(the account opened with correct documents but intention was wrong). Some Demand drafts were deposited in our branch, where i have posted two dds , where the account no and name was mentioned as bescom, normally we receive DDs like "bescom A118, devanahalli", bescom a1 18 jayanagar" etc. Where as in finacle( our software) only first 12 characters reflect. So DDs were posted to the duplicate ac instead of correct account( it's been as mentioned in the deposit slp)..DDs are genuine. The culprits behind this activity got caught and also stated no body from bank was involved. My seniors and company lawyers are also not taking any interest in it. We visited once to bescom office to give our statement. When telling them clearly what was done it's human error and no intention behind this. Again i got call from the vigilance office to visit them. My question is how much i am liable for this?? Why didn't they call one more staff who already transfered to other place. How should I handle them? Indirectly they asking for money..(as informed by one of my colleague who is from karnataka..as the language was also a barrier.They asked my two colleagues to give in writing that they have done the mistake..They informed without consent of bank legal team they can't give any statement.Whether it's going to create any problem in my future job???
Asked 1 year ago in Business Law from bangalore, Karnataka
1) you are not liable for boan fide mistake . 

2) the culprits statement is in your favour 

3) you visit vigilance officer and have your statement recorded . deny any payment was received  by you for said transfers . mention 2 accounts were opened with same name . 

Ajay Sethi
Advocate, Mumbai
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if you dont respond to them in investigation report it would be mentioned yo u did not cooperate in investigations . findings may go against you 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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1) you must give your written statement . 

2) rely upon statement of culprits . 

3) mention it was a bonafide mistake 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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The error which is under scanner s beyond your control hence you may not be held liable for this if all other evidences support you.
This is another way to extort money by the corrupt officials hence you may not give anything in writing until you have been given in writing  and you may give a reply to that through your lawyer.  Engage a good lawyer who may not tilt sides in the greed for money, attend the sessions through your lawyer which will take care of all further legal issues. 
T Kalaiselvan
Advocate, Vellore
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1. The accused who have been arrested have stated that nobody from the bank is involved. Imputation of criminality to the bank staff can be done by the vigilance only if there is insurmountable evidence suggesting guilt.

2. You should respond to the notices of vigilance, failing which you may be arrested.

3. An error committed by an employee during the discharge of his official duties, makes him amenable to disciplinary proceedings, but it does not make him liable to criminal prosecution.

4. Do not give anything in writing.

5. You may also seek pre-arrest bail if you apprehend your arrest.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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