SEMBU HARINATH Vs. THE DEPUTY GENERAL MANAGER

JUDGEMENT

(1.) THIS Writ Petition has been filed forbearing the respondent from proceeding with the departmental proceedings pursuant to charge sheet in No. RO:TN:VIG:48:5, dated 14.05.2012, during the pendency of parallel Criminal Case in C.C. No. 234 of 2011 on the file of the learned Judicial Magistrate No. I, Madurai.

(2.) THE petitioner was working as a Head Cashier in Madurai Main Branch of the respondent Bank. One of his duty is to handover the money to the Company Officials of Private Agency viz., S.I.S. Agencies, for loading it in four ATM Counters in Madurai City. According to the petitioner, as per procedures, after taking cash from cash chest of Main Branch, sealed cash has to be re -counted and tied with jute thread and it should be handed over to the Officials of the Private Agency, viz., S.I.S. Agencies, for loading it in four ATM Counters in Madurai City. He was followed the procedure while handing over the money to the Officials of S.I.S. Agencies and obtained receipt for the same.

(3.) IN pursuant to the Criminal Case, the petitioner was suspended on 08.10.2011 and the respondent initiated departmental proceedings on 01.12.2011. The petitioner gave explanation on 21.12.2011. The respondent without accepting the explanation, framed charges on 14.05.2012. According to the petitioner, the subject matter of criminal proceedings and the departmental proceedings are one and the same. If the departmental enquiry is proceeded with, he will be put to hardship and irreparable loss, as the same witnesses will be examined on both the departmental proceedings and the criminal proceedings. Therefore, the petitioner has filed the present Writ Petition for the relief stated supra.