KUSHESHWAR DUBEY Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) -Special leave granted.

(2.) The appellant is an employee in the Balihari Colliery of the Respondent No. 1 and in 1986 was working as an electrical helper. On the allegation that he physically assaulted a supervising officer by name S. K. Mandal, he was subjected to disciplinary proceedings as also a criminal prosecution. Since the disciplinary proceeding as also the criminal trial were taken simultaneously, the appellant filed a civil action in the court of Munsif at Dhanbad asking for injunction against the disciplinary action pending criminal trial. On 6-12-1986, the Munsif made an order staying further proceedings in the disciplinary action till disposal of the criminal case. The appeal of the Respondent No. 1 against the order of learned Munsif was dismissed on 31st March, 1987, by the appellate court. Thereupon the Respondent No. 1 moved the High Court in its revisional jurisdiction. The High Court by its order dated 7-7-1987 held :

(3.) We would like to point out that there are also authorities in support of the position that there is nothing wrong in parallel proceedings being taken - one by way of the disciplinary proceeding and the other in the criminal court. Reference may be made to decision of this Court in Jang Bahadur Singh v. Baij Nath Tiwari, (1969) 1 SCR 134: (AIR 1969 SC30) and some decisions of High Courts such as Rama P.C. v. Superintendent of Police, Kolar, AIR 1967 Mys 220, Ali Mohd. v. Chairman, T. A. and C., Udhampur, (1981) 2 Serv. LR 225 (J and K), Moulindra Singh v. Deputy Commissioner, 1973 Lab IC 1564 (Gauhati) and Shaikh Kasim v. Superintendent of Post Office, Chingleput, AIR 1955 Mad 502.