K. CHAKKRAPANI Vs. THE PANRUTI AGRICULTURAL PRODUCERS CO-OPERATIVE MARKETING SOCIETY LTD., REP BY ITS MANAGING DIRECTOR, VILAMANGALAM ROAD, PANRUTI. A

JUDGEMENT

(1.) PETITION under S. 482 of Criminal Procedure Code praying to stay all further proceedings in the domestic enquiry conducted by the respondent society against the petitioner, till the disposal of C.C. No. 314 of 1989 on the file of the Judicial Magistrate, Panruti.

(2.) THE brief facts are: -The petitioner was working as cashier in the respondent society. On certain allegations made by the respondent against the petitioner, a case was registered, investigated and charge sheet has been laid against the petitioner for offences punishable under Ss. 408 and 477(A) of Indian Penal Code by the Sub Inspector of Police, COW, CID., Cuddalore. The respondent society initiated disciplinary proceedings and appointed an Enquiry Officer to conduct the domestic enquiry on the basis of the report under S. 65 of the Tamil Nadu Co -operative Societies Act.

(3.) PER contra, the learned counsel appearing for the respondent would contend that the domestic enquiry is much earlier in point of time, and that the finding by the Criminal Court is not binding on the Enquiry Officer in the domestic enquiry and that there is no justification for stay of the domestic enquiry till the disposal of the criminal case.