KOKILABEN MANUBHAI ARYA Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) The applicant has filed the Civil Revision Application under Sec. 115 of the Code of Civil Procedure, challenging the order passed by the learned Assistant Judge, Vadodara in Misc. Civil Appeal No. 93 of 2001 on 2nd May 2001 who has confirmed the order passed by Civil Judge (JD), Vadodara, on 12.3.2001 passed below Exh. 5 in Regular Civil Suit No. 128 of 2001.

(2.) The facts, as are emerged from the record, are that the applicant was working in Vadodara Municipal Corporation from 30th July, 1975 as Junior Clerk. It is the case of the applicant that one complaint was filed against her on 12.4.1998 by one Mr. Abdulbhai Gulambhai Dudhwala with the Ward Officer, Ward No. 9, Panigate, Vadodara, wherein it was alleged that the applicant had accepted the money from him for the month of September, October and November, 1998 amounting to Rs. 5,325/- for which no receipt was given nor the said amount was deposited by her in Municipal Corporation. On the basis of the said complaint, the respondent authorities have filed criminal complaint in Panigate Police Station Bearing C.R. No. 93 of 1999 and the departmental inquiry was also initiated by the respondent. The allegation made against the applicant was that she has used the said amount for her personal use and thereby the amount was misappropriated by her. The criminal complaint was filed against the applicant on 13.4.1999 and chargesheet was given on 10.5.2000.

(3.) The applicant thereafter filed Regular Civil Suit No. 128 of 2001 in the Court of the Civil Judge (JD) on 5th February, 2001 and prayed for stay against departmental inquiry on the ground that the criminal complaint was already filed against her and it has been numbered as 'Criminal Case No. 1737 of 1999. It was further stated by the applicant that till the criminal proceedings were over, the departmental proceedings could not be proceeded further as in the departmental proceedings she was required to disclose her defence which would cause prejudice in the criminal proceedings. However, the learned Joint Civil Judge (JD) has rejected application preferred by the applicant below Exh. 5 in Regular Civil Suit No. 128 of 2001 by passing an order on 12th March, 2001.