I was Dept of Posts, India as a PA from 2006-2010, then joined Income Tax as an Inspector from 2010 on submission of technical resignation. In DoP I was posted in Head Post Office and made entry of all the savings bank transactions done by the sub post offices. During that time few frauds had been done by the counter clerks in Sub Post Offices and they are under prosecution. Whether DoP take any action against me for that fraudspecial done by the other officers after so many years and when I left the department for almost 6 years? Please enlighten me in this regard and refer me certain books and rules in this regard….
From India, Kolkata
From India, Kolkata
Dear I Raha,
Going by the facts that you have shared, it emerges that you have not done fraud in your personal capacity. However, question comes whether the alleged fraudsters were your subordinates or not. The second question is whether the alleged fraudsters worked in some other departments however, you were privy to their shadowy deals. If either of the two is proved, then DoP may take action against you for the failure in supervision. How the fraud was discovered and who discovered it also matters. The next question is whether you were also called to depose in the departmental enquiry. Has the enquiry been completed? If the alleged fraudsters are prosecuted and if DoP did not sue you then why are you niggling?
At this state, you may find out what has emerged in the enquiry. Decision on whether to take disciplinary action or not will depend on the findings of the enquiry report.
Lastly, jurisprudence or principles of natural justice cannot be diluted based on passage of time since the fraud was committed. Irrespective of the number of years after which fraud came to light, it has to be investigated and culprits need to be brought to book.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Going by the facts that you have shared, it emerges that you have not done fraud in your personal capacity. However, question comes whether the alleged fraudsters were your subordinates or not. The second question is whether the alleged fraudsters worked in some other departments however, you were privy to their shadowy deals. If either of the two is proved, then DoP may take action against you for the failure in supervision. How the fraud was discovered and who discovered it also matters. The next question is whether you were also called to depose in the departmental enquiry. Has the enquiry been completed? If the alleged fraudsters are prosecuted and if DoP did not sue you then why are you niggling?
At this state, you may find out what has emerged in the enquiry. Decision on whether to take disciplinary action or not will depend on the findings of the enquiry report.
Lastly, jurisprudence or principles of natural justice cannot be diluted based on passage of time since the fraud was committed. Irrespective of the number of years after which fraud came to light, it has to be investigated and culprits need to be brought to book.
Thanks,
Dinesh Divekar
From India, Bangalore
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