Legal Question in Criminal Law in India

can bank file a case against the bank official in debts recovery tribunal

i was working in the bank and bank has suspended and start the domestic enquiry and after this enquiry report they have given compulsory retirement and paid all the benefits to me like as general retirement, at the same time bank has file a case against me in the debt recovery tribunal with the borrower than file case also in the CBI court also, the main accused has expired before 6 months and case is still going on.

my questions are as under.

1.can the bank file the case in the debt recovery tribual against the manager along with borrower when bank manager can not be guarantor, he can treat as misjoinder of the case.

2.when bank has given the compulsory retirement and paid all the benefits, whhat effect will be in the criminal case.

3.when main accused has died already what wil be impact onn this case.

4.when witnessess given the statement which is not related to this case in the court what will be the impact on the case.

5. the main impotant, charge sheet filed by cbi in the month of june 2000 and witness statement is having the date

dec 2001, feb 2002 juune 2002. how it can be, is this will go advantages to my case.

pl advice.


Asked on 3/02/06, 7:21 am

2 Answers from Attorneys
Mahesh T. Pai M. A. T. Pai & Mahesh T. Pai

Re: can bank file a case against the bank official in debts recovery tribunal

Dear Sir,

The circumstances and nature of allegations against you are not at all clear; you will appreciate that the bank has acted in rather contradictory fashion.

You will also appreciate that there is a criminal case now agaisnt you, and the evidence in the disciplinary proceedings, if favourable to you, may be relevant in the criminal case too.

Death of the primary obligant / borrower means that the bank will proceed agaisnt his legal heirs / his assets; and I guess that since the deceased has not left behind much assets, they are trying to recover the amount from you.

You will also appreciate that you will have to take the assistance of professional legal advise in view fo the requirement to attend the courts, and I trust you will be able to find appropriate legal counsel.

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Answered on 3/02/06, 8:23 am
Pravin Vaidya Independent

Re: can bank file a case against the bank official in debts recovery tribunal

There are lot of information gaps & aberrations in the particulars submitted by you:

(i) What was the finding in the enquiry report and whether you have adequately represented your case through officers� association representative? What was his advice after the enquiry report is received

(ii) Whether you have exercised your right to appeal against decision of disc. Authority and preferred the appeal before appellate authority of the Bank?

(iii) If the compulsory retirement was given without show cause notice whether it was challenged at the appropriate forum like Bank�s Board or civil court

(iv) Implicating you in the case before DRT seems bit strange.

(v) In the statement given by you to CBI whether any confession made by you explicitly or by implication

(vi) Whether you are cited as co-accused in the case filed by CBI and the charges are framed by Sp. Court of CBI

All this can be discussed and opinion can be given after perusing all the papers. Please contact me after 14th April as I am at present in USA and will be back to Vadodara on 13/4/2006

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Answered on 3/07/06, 12:02 am


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