VIJAYAN Vs. SYNDICATE BANK

JUDGEMENT

(1.) The question raised in this Appeal is whether disciplinary action can be initiated against an employee even after his acquittal by the criminal court on the basis of the same set of facts basing on which the criminal prosecution was launched. The brief facts leading to the case are the following:

(2.) We heard Mr. Nandakumara Menon, learned counsel for the appellant. He submitted that since the appellant has been acquitted by Exts. P3 and P4 judgments, the initiation of disciplinary proceedings on the same set of facts is impermissible. Special reference was made to Ext. P2 reinstatement order dated 3.2.1998. In the said order it is stated:

(3.) Mr. M. P. Ashok Kumar, learned counsel for the Bank relied on Clause.19.3(c) of the Bipartite Settlement which empowers the bank to proceed against a delinquent employee in disciplinary proceedings, even if he is acquitted by the criminal court. Various authorities were cited by both sides in support of their respective contentions.