SHUBHAM YADAV Vs. BANK OF BARODA

JUDGEMENT

(1.) Petitioner was working as a cashier with respondent-bank on 12th April, 2017 when he was charge-sheeted and vide Representation of 7th July, 2017 (Annexure P-5), petitioner had sought stay of departmental inquiry till the conclusion of criminal case i.e. RC-DAI-2017(A)0016. Petitioner's Representation (Annexure P-5) stands declined by the Inquiry Officer vide order (Annexure P-6) of even date, while noting that the proceedings in the criminal case are yet to commence. Attention of this Court is drawn to a Communication of 12th July, 2017 (Annexure P-1) filed along with Additional Affidavit of 21st July, 2017 which reveals that the Disciplinary Authority had called upon petitioner to provide copy of the charge-sheet filed by CBI in the criminal case against him. Learned counsel for petitioner submits that charge sheet in the criminal case is still not filed as the investigation in the criminal case is at final stage. Learned counsel for petitioner submits that the basis of departmental proceedings as well as the criminal proceedings is identical and the criminal case was registered first in point of time, therefore, its outcome ought to be awaited and thereafter initiation of departmental action has to be considered.

(2.) Attention of this Court is drawn by respondent's counsel to order of 12th April, 2017 (Annexure P-1) and the relevant extract of this order is as under:-

(3.) Learned counsel for petitioner submits that no appeal against rejection of petitioner's Representation by the Inquiry Officer vide order (Annexure P-5), which was communicated on 12th July, 2017, was filed as the said Representation is under consideration of the Disciplinary Authority.