RE: LEGAL OPINION ON FILING OF CRIMINAL CASE AGAINST Mr. x.
We have perused papers/documents (photocopy) referred to us.
It appears that during the Head office comprehensive inspection conducted on ……………. some gross irregularities/lapses were detected on the part of Mr. x (the then Vice President and Head of Branch 1. Subsequently, specific charges were framed against him. At the final stage an enquiry was conducted to ascertain the charges bought against him. According to the enquiry report and appraisal of various documents and evidences the charges bought against him were established beyond doubt, and for that Mr. x was dismissed from the services of the Bank. In these circumstances you have sought our opinion on the following queries.
- Will the Bank management be able to file a Criminal Case against Mr. x?
- Will the Bank management be able to file a Civil Case against Mr. x?
- Whether initiation of any legal action against Mr. x will jeopardize the legal action that also may be taken against the respective borrower(s) for recovery of Bank’s dues?
Since, these three issues being interconnected are dealt with jointly and our opinion in this regard is as follows:
Being an officer or employee of a Banking Company, Mr. x, by his negligent conduct in dealing with a banking transaction allows a huge amount of loan in favour of the borrower(s) and that can constitute an offence under section 462A of the Penal Code, 1860. In such situation we are of the view that Bank may file a FIR (Ezahar) in the concerned Police Station against Mr. x to that effect. However, Bank may file a Civil Case against Mr. x for claiming compensation since his negligent conduct has caused a huge loss to the Bank. Please note that initiation of any legal action against Mr. x may not jeopardize the legal action that also may be taken against the respective borrower(s) for recovery of Bank’s dues by filing Artha Rin Suit. We are sending herewith all papers/documents (photocopy) and the Prime Bank Employees Service Rules-1995.
Should you have any further query, please revert back to us.
For: “The Lawyers & Jurists”