RAJIV GROVER Vs. INDIAN BANK

JUDGEMENT

(1.) Rule. With the consent of parties writ petition is taken up for disposal.

(2.) Petitioner-Rajiv Grover, has filed the present writ petition, seeking quashing/setting aside of the order closing the inquiry on 23.9.2003, without allowing him to lead evidence. A stay of further departmental proceedings was sought. Petitioner is being prosecuted for offences under Sections 409/420/468/471 IPC. These relate to an FIR lodged on 27.2.2001. The charge sheet in this case was filed by the police on 15.11.2001. The charges are stated to have been framed on 5.5.2003. Simultaneously, show cause notice for departmental inquiry for misconduct was issued on 8.11.2001.

(3.) Learned counsel for the petitioner, Mr.Ashok Bhalla, has relied on the Settlement Deed at Annexure P-1, in terms of which if an employee is not put to trial for an offence within a year of the commission of the offence, the departmental inquiry could be proceeded with. He further places reliance on the judgment of the learned Single Judge in R.K.Singla Vs.Punjab National Bank reported at 2002 (62) DRJ 293 wherein the Court considered the expression "put on trial." Learned counsel for the petitioner submits that the judgment makes it clear that in case charges are framed Clause 19.4 of the Settlement would come into play and the departmental proceedings are liable to be stayed. Based on the above, Mr.Bhalla has submitted that the departmental proceedings are liable to be stayed.