• Flood relief distribution during Koshi disaster 2008-09

during koshi disaster 2008-09 relief had been distributed amongst flood victim families according to guidelines of the govt. of bihar. i was posted as executive magistrate in triveniganj subdivision.during the flood period due to constraints of communication ,availability of funds etc an savings account had been opened in my name irrespective of my post name in SBI (dist-Araria)as the bank denied to open an account in the name of designation of other district.in the meanwhile the charge of circle officer -cum -block development officer of chhatapur block,one of the worst affected block of triveniganj subdivision in Supaul dist. by flood ,as the regular co cum bdo went on leave on health basis.by the order of higher officials the abovementioned account was used for relief distribution and after ciosing the account the balance amount had been deposited in govt.account.no transaction has been made in personal interest.unfortunately there was no written order.now this account is being treated as my personal account by audit and charge of financial irregularities is being fixed on me.now what should i do
Asked 2 years ago in Civil Law from Begusarai, Bihar
Get a written order from your higher officials that it was used for flood purpose and personal account was made since bank was not ready to open account under designation and give the calculation statement of the amount spend in flood and distributed to the people.produce the copy of the receipt if any given to the spend things.you got the amount is it you or other officials
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) in your reply you have to mention the exigencies of the situation prevalent during the said period . the refusal received from SBI in writing for opening account in name of designated officer , flood situation prevalent during said period 

2) you have to mention the order of higher officials that your saving account be used for relief distribution . no irregularities have been committed and funds used only for relief purposes and after closing account balance has been deposited in govt account

3) however please note that merely on basis of oral orders you can t use your personal saving account for flood reliefs  . 

4) you would need written statement of those senior officers that your saving  account was used for flood reliefs as per their instructions .
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
Hello,
It's unfortunate if you are being tried for financial irregularities though the funds were used for official relief purposes.
What you can do is to obtain the transaction details from the bank records and get the beneficiaries to depose that they received funds during the days the reliefs were distributed
Do contest the charges explaining the circumstances.
Do engage a lawyer to defend you.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
take certified copy of state of account of that personal account as per bankers book of evidence act from concerned branch of SBI and file it in audit department and entries of said a/c will show to whom payments are given and will prove that you have not done any personal use of said a/c.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
you need to have  written statement of  senior officers to the effect that your saving  account was used for flood reliefs as per their instructions because on basis of oral orders you can t use your personal saving account for flood reliefs.  Thereafter obtain certified copy of statement of account from concerned branch of SBI and file it in audit department and entries of said a/c will prove to whom moneys were given and  you have not done any personal use of said account and charge of financial irregularities is unfounded.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. You should have regularised the irregularity of opening account for Govt relief job in your personal name by taking ex-postfacto sanction/approval,

2. It is strange that you have not done so though it is a regular practice during emergencies,

3. Put up a note now detailing the situation and submitting evidence that the money was transferred by the Govt in my personal account which can not be done without approval by your superior authority and ask for ex-postfacto sanction,

4. If you do not receive it within reasonable time, approach the highest authority for immediate action and if you still do not get justice, file a WP before the high Court praying for a direction upon the govt authority to issue the sanction immediately and upon the I.Tax authority to treat the transactions in the said account as for doing Govt job which are not taxable. .
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. Opening the account in your name for disbursing the monetary relief was the need of the hour as you could not succeed in opening the account in the name of the designated officer. I presume you had and still have in your possession the letter by SBI refusing the permission to open the account in the name of the designated officer. In such circumstances opening the account in your personal name was not tainted by any illegality. Unless and until official sanction was received you should have refrained from using your savings account for disbursing the relief amount. However, the least you could have done was to follow it up by subsequently taking sanction from the concerned higher authority. Instead of doing this you continued to use your saving account for disbursing the relief to the affected people, which consequently created the base for allegations of financial irregularity. It was a grave mistake on your part to not to seek the ex post facto approval from the government.

2. Have you already been charge sheeted? Was an inquiry conducted to probe the allegations of financial irregularities? Did you furnish the details of how and when the amount was withdrawn by you from your savings account and how it was disbursed to the affected?

3. If charge sheet has not been drawn up then submit your reply, preferably through your lawyer, detailing the circumstances which necessitated opening the account in your personal name and that you did not commit any illegality. Also seek the regularization of your irregular action now as at the time of transfer of funds to your personal account the government must have been aware that it is your personal and not official account. On the contrary if you have been charge sheeted then you may challenge it in the High Court.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
no part of the money has gone in your pockets . you have used the funds only for disaster relief . it was on account of SBI refusal that bank account could not be opened on time in name of designated authority. in your case letter from SBI refusing to open account in name of designated authority and instructions received from seniors for using your personal saving account are important to prove your case that no financial irregularities have been committed by you . 

not able to find any SC judgement on aforesaid issue
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
1. Court decisions are required when there is a dispute and in your case there has not been any dispute yet,

2. Your problem is that the said Ex-Postfacto sanction/approval has not yet come,

3. It is not that your propopsal for Ex-Postfacto sanction has been refused,

4. When fund was reimbursed into your personal account how was it done? Was it through cheque/challan issued by Finance Department not reporting to you? If so, then it is another valid evidence to prove that the Govt Authority approved in principle your arrangement of opening personal account due to refusal of SBI in opening account in the name of your designation,

5. However, what is the Govt. standard operating manual for opening of asccounts for disbursing relief in emergencies? Have you deviated from the said manual? If yes, then why?

6. Send reminders for the said Ex-postfacto sanction/approval detailing your problem with I.Tax authorities and wait for 1 month,

7. After one month, file a writ petition before the High Court as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
file writ petition in supreme court of india to get reliefs.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
You can file a writ petition against the same and get  paper that these funds were used in floods
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hello,
As long as you have taken the steps to  ex post facto approval pursue it to ensure you get it sanctioned as that is the only step you can take right now.Keep sending repeated reminders to the officials concerned reminding them of how  this has put you in a fix.
If you fail to receive co-operation at the behest of officials you acted on you will need to approach the court for reliefs.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. When did you request the higher officials for ex post facto approval? Was it prior or subsequent to the initiation of departmental proceedings against you?

2. I maintain that by transferring the amount to your personal account the government acquiesced to the opening of savings account by you in your personal name. This is one plea you should greatly emphasise on.

3. A charge of financial irregularity cannot be sustained against you in the absence of proof of misuse of state funds by you.

4. If ex post facto approval is granted it will be a breather for you. If it is not granted then move the HC.

5. No decisions of the Supreme Court are required as your case has not yet acquired strict legal dimensions.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0

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