SANDIP KUMAR SINGH Vs. CHHATTISGARH RAJYA GRAMIN BANK

JUDGEMENT

(1.) The challenge in the present writ petition is to the decision of the respondents to continue with the departmental enquiry which has been initiated against the petitioner parallel to the criminal case which is also pending consideration before the criminal court for the same set of facts.

(2.) The facts of the case is that, the petitioner was working as office assistant at Chhattisgarh Rajya Gramin Bank and posted at Branch Sedam. A complaint was lodged at Police Station Batouli, District Surguja in respect of certain misappropriation and embezzlement in the accounts maintained at branch of the respondents at Sedam. An FIR was lodged and in the process the petitioner also was implicated as an accused in the said case. He was prosecuted for the offence punishable under Sections 409 and 420 read with Section 34 IPC vide crime No. 36 of 2017 registered at Police Station Batouli. Meanwhile, the petitioner was arrested and remained in jail for quite sometime. He later on was placed under suspension. After completion of investigation, the police filed a charge sheet against the petitioner and two other accused persons for the offences as mentioned above. The matter was put to trial before the Judicial Magistrate First Class, Sitapur, Distt. Surguja in criminal case No.330 of 2017.

(3.) Meanwhile, while under suspension, the petitioner was served with a charge sheet on 29.08.2017 wherein about 100 charges have been framed against the petitioner as per the provisions of Chhattisgarh Rajya Gramin Bank and Employees Service Regulation Rules, 2013. The petitioner replied to the said charges and finally not finding the reply satisfactory, the respondents have decided to proceed further with the departmental enquiry. The inquiry officer and presenting officer were also appointed. It is this initiation of departmental proceedings which has been questioned by the petitioner in the instant petition.