P K RAJAPPAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under S.561A of the Code of Criminal Procedure, in which the petitioner, an employee of the Travancore - Cochin Chemicals, Ltd., Eloor, prays that the Departmental enquiry pending against him be suspended pending disposal of C.C. No. 884 of 1972 on the file of the Sub Magistrate's Court, Parur, on identical facts.

(2.) The facts of the case are: On 30-4-1972 at about 8.15 A.M. the petitioner was intercepted by the gateman when he was going on his scooter when it was found that he had committed theft of mercury. Disciplinary proceedings were taken against him by the 2nd respondent. The accused was also charge sheeted under S.379 IPC. on a complaint made to the police. On 30-4-1972 the petitioner was suspended pending enquiry.

(3.) The 2nd respondent issued a notice to the petitioner to which the latter replied on 4-5-1972 asking for time up to 17 5 1972 on account of alleged ill health. Accordingly, the enquiry was adjourned to 18-5-1972. The enquiry was adjourned from time to time, all at the request of the petitioner and ultimately on 13-7-1972 the petitioner presented before the enquiry officer, the 2nd respondent here, and one witness was examined from the side of management. The enquiry was adjourned to 17-7-1972 on which date the first witness was reexamined and the 2nd witness was also examined. Thereafter, the enquiry stood posted to 20-7-1972. Again, the petitioner adopted delaying tactics and the case ultimately was posted to 7-8-1972. On that day. six witnesses were examined on the side of management. At the petitioner's request the enquiry was adjourned to 28-8-1972. Thereafter, be made this application to this Court and obtained stay of further proceedings before the 2nd respondent.