Legal Question in Criminal Law in India

MY CASE HISTORY :
I was working as Manager Finance in NTPC Simhadri-Vishakhapatnam.
Earlier from 18.12.1986 to 24th April 2011 I was working in NTPC VSTPS, Madhya Pradesh
On 28th April 2011 , I have joined in Vishakhapatnam office as manager finance
On 22nd June 2011, I was taken to Delhi Head office by my HOD by saying that there is a capitalisation meeting to be held at delhi.
On reaching delhi head office, I was shown some wrong payments / financial irregularities by the corporate ERP team which has took place during the year 2008 to 2011 at VSTPS Madhya Pradesh., i.e., during that period I was working in Madhyapradesh Project. The management wants explanation for that . Originally I was brought to delhi for some capitalization meeting and no such meeting occurred at delhi.
Later, I was told to write down the irregularities appearing on the system in a paper, by saying that these irregularities happened during my tenure at Madhya Pradesh project. The management told me that we will be discussing this matter with Director finance, NTPC who was on tour to Mumbai and likely to return on Saturday i.e., 25th june.
On 25th June 2011, the management told me that it is better to visit VSTPS, Madhya Pradesh project so that the irregularities can be finalized , and then we can meet Director finance. I have also agreed to that.
On 25th night, we have reached Madhyapradesh Unit by flight, then the management has simply served me SUSPENSION LETTER. The officials have never talked or discussed or questioned anything. The suspension letter is simply typed as � Kept under suspension pending enquiry on report of financial irregularities �. It is not mentioning , what type of irregularities reported and during which period and also the SUSPENSION LETTER is not as per the proforma mentioned in NTPC CDA/Disciplinary Rules.
Immediately after issing the suspension letter, the town inspector appeared at that place, and the management handed over me to the police.
Police produced me before magistrate, Waidhan district- Singrauli and issued warrant to send me to Pachor Jail.
No body has questioned me anything including police. I was totally stunned. My bail application was initially rejected by the lower court , on the reason , that charge sheet not produced by police and also due to the objection imposed by NTPC.
I have moved my bail application with Jabalpur High Court. There also , NTPC oppsed my application and my bail got refused on 18.12.2011 even after 3 months and the chargesheet received. Again a revision was filed by my lawyer and it was withdrawn by him . Again 3rd application was filed by my lawer and I have changed my Lawyer since, the one who has not been appointed , seems to be not responding to my family�s request. After changing the Lawyer at Jabalpur and the hearing , I finally got BAIL on 12.10.2012. In total I WAS IN JAIL NEARLY 16 MONTHS.
After coming out on bail, I have sent a letter to Director HR, NTPC-Delhi , by explaining the facts and questioned my suspension , which is not done as per NTPC norms,CDA/Disiciplinary rules and request them for re-instating me to work . Also I have sent my bail out order copy for release of my subsistence allowance from 01.05.2011 to till date .
The letters were duly sent through Registered Post and Acknowledgement also received . In the meanwhile, I have received a letter from GM Finance NTPC-Delhi, stating that , he is appointed by NTPC as enquiry officer and the letter says that I have to appear before them for departmental enquiry .
MY QUERIES ARE :
1. Can my suspension done by NTPC in cunning way is challengeable before court of Law?
2. Can I approach Court for release of subsistence allowance from 01.05.2011 ?
3. Can I approach Court for STAY - to the improper departmental enquiry ?
4. If it cannot be stayed, then Can I accompany a lawyer for departmental enquiry. ?
5. Since, the trial has started, Can I stop the departmental enquiry , since, displaying my evidences to the department may prejudice to the court case?
THE STATUS OF THE CASE AT COURT :
The case has been committed and charges are framed under IPC 409,420,464,468,471.
The trial has also started on 16.11.2012 and nobody appeared.
The next trial is to take place on 22nd January 2013. I HAVE COLLECTED MY EVIDENCES TO SOME EXTENT FROM NTPC THROUGH PETITION IN TRIAL COURT U/S. 91 OF IPC.
ANY DETAILS ABOUT THE CASE MAY PLEASE BE EMAILED TO ME .

Asked on 12/03/12, 2:34 am

4 Answers from Attorneys

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there are so many reported case regarding this point. i can give u.for which you have contact with me.presently i can only say two enquiry cannot be possible on ground one should be stay.

Answered on 12/03/12, 2:51 am

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Sanjay Kalra Sanjay Kalra & Associates

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I need to know more facts from you to guide and advice you.. Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Answered on 12/03/12, 3:22 am

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