SATISH CHAUDHARY Vs. BANK OF BARODA AND ANR

JUDGEMENT

(1.) Petitioner was Head Cashier in Currency Chest of respondent-Bank when FIR for offence of cheating, forgery etc was registered against him in March, 2003 by the Central Bureau of Investigation (CBI). Pursuant to the departmental proceedings initiated against petitioner, he has been dismissed from service vide order of 2nd December, 2005 against which an appeal was preferred by petitioner and the said appeal stands dismissed vide order of 12th July, 2006. Petitioner's Representation also stands dismissed vide order of 13th October, 2012 (Annexure P-13).

(2.) The challenge to impugned dismissal order by petitioner's counsel is on the ground that petitioner was dismissed from service but lateron, he has been acquitted in the criminal case and so, in view of Supreme Court's decision in S. Bhaskar Reddy & Anr. Vs. Superintendent of Police & Anr, (2015) 2 SCC 365, the disciplinary authority is required to reconsider the order of dismissal in view of acquittal by the Criminal Court, when charges in both the proceedings are more or less similar.

(3.) In the counter affidavit filed by respondent-Bank, reliance has been placed upon Supreme Court's decision in Deputy Inspector General of Police & Anr. Vs. S. Samuthiram, (2012) AIRSCW 6484, wherein it has been held that mere acquittal of an employee by a criminal court has no impact on the disciplinary proceedings initiated by a department. Learned counsel for respondent-Bank raises the jurisdictional issue by submitting that petitioner is a workman and he ought to be relegated to avail of the remedies by invoking provisions of Industrial Disputes Act, 1947.