R K SINGLA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The meaning and connotation of the expression "put on trial" with reference to the simultaneous continuation of Departmental and criminal proceedings has given birth to this judgment. The petitioner is an employee of the Punjab National Bank (respondent bank) and was last posted in the Rani Bagh Branch before the transfer to the Regional Office, North Delhi. Soon thereafter the petitioner was placed under suspension in March 1998 in contemplation of disciplinary action against him by the respondent.

(2.) The Bank thereafter lodged an FIR under Sections 406/409/420/467/468/471/477-A/120~B of the Indian Penal Code. Respondent No.1 issued a charge sheet dated 8.1.2001 with the object to initiate departmental proceedings against the petitioner. The petitioner pleaded not guilty and thereafter departmental enqury was constituted with respondent No.2 as an enquiry officer. The petitioner took objection to the departmental proceedings in view of clause 19.4 of the First Bipartite Settlement between the employees and the Management of the respondent bank. The said clause is as under "

(3.) It is thus apparent from the reading of the aforesaid clause that departmental proceedings may continue if an employee is not put on trial within a year of the commission of the offence. It is further provided that if within the pendency of the departmental, proceedings an employee is put on trial then such proceedings shall be stayed pending completion of trial.