SHIVAPPA MALAPPA TATTIMANI Vs. DISCIPLINARY AUTHORITY

JUDGEMENT

(1.) PETITIONER, in this Writ Petition has sought for a direction to the respondent No. 1 not to proceed with the Disciplinary proceedings in view of the Criminal Case No. 332/2007 pending on the file of the I Additional Civil Judge and C. J. M. , Dharwad.

(2.) FACTS leading to this case are that, a Criminal case was registered against the petitioner for the offences punishable under Sections 468, 471, 406, 408, 409 of I. P. C. , on the allegation that, the petitioner has committed a crime of cheating, breach of trust by misappropriating the Corporation fund. Simultaneously, a departmental enquiry was also initiated against the petitioner in pursuance of the charge sheet dated 19. 2. 2007 produced at Annexure-'a' inter-alia alleging that, the petitioner had made xerox tickets and has used them to collect the fares from the passengers. He had collected an amount of Rs. 1,268/- by way of sale of said tickets. It is also alleged that, he had sold tickets worth of Rs. 15,090/- and also found with excess cash.

(3.) LEARNED Counsel for the petitioner submitted that, the criminal proceedings are initiated against the petitioner on the same set of facts and the material. He submitted that, in the criminal proceedings the evidence and the witnesses relied are one and the same and if the criminal proceedings is pending, the departmental enquiry for the same offence cannot be proceeded. In this regard, he relied on a judgment reported in' air 2004 SC 4144 in the matter of State Bank of India and Others Vs. R. B. Sharma and submitted that, the Apex Court after considering the various judgment at paragraph 11 has observed that: