Legal Question in Criminal Law in India

Sir, My bank suspended me on 14-5-2003 after the arrest by CBI people on the allegations of demand and acceptance of bribe. The bank did not revoke my suspension though I requested for several times. The Special Court for CBI cases, Visakhapatnam acquitted me on 03-8-2009 saying not guilty. The bank revoked my suspension on 01-09-2009.
The bank kept pending its decision of considering payment of arrears of salary belonging to the suspension period till the outcome of result of case pending in AP High Court preferred by CBI against the verdict pronounced by Spl. court for CBI cases, Visakhapatnam. Under these circumstances, I may please be informed that my position is accused or not accused. Am I competent to do all duties as other officer employees? Presently I am attending all commercial transactions in liquid nature. My feeling is that any unfortunate events in the bank in normal course may push me in trouble on account of my antecedents. Under these circumstances, shall I ask for back office duties till the outcome of case?
Kindly advise in this regard.

Asked on 9/17/11, 10:17 pm

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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in case you acquitted by the court, you are not an accused and you entitled for the reliefs as per service law.

Answered on 9/18/11, 11:08 pm

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Shrichand Nahar S.V.Nahar, Advocate

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Under your legal system, unless somebody is convicted, he is presumed to be innocent.

However, as per service guidelines issued by Bank or authorities regulating the Bank, steps in case of a person prosecuted for an offence are taken. Be guided by those guidelines.

If you believe that other employees/officials of the bank still suspect you, you may consider taking up such duties as may be beneficial to protect your interests.

Answered on 9/19/11, 2:16 am

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