S PAKEER SAHEB Vs. NAGARJUNA GRAMEENA BANK

JUDGEMENT

(1.) The petitioner is employed as Clerk-cum-Cashier in the Nagarjuna Grameena Bank, Khammam. He was placed under suspension, by the second respondent, vide proceedings dated 23.2.1993, on the allegation of misappropriation of the funds belonging to the bank. Prosecution was launched against him, under Sections 409, 417 and 201 of I.P.C., in C.C.No.133 of 1994, on the file of the Judicial Magistrate of First Class, Deverakonda, Nalgonda District. Simultaneously, departmental proceedings were initiated against him, by issuing a charge sheet, dated 4.5.1998. In view of the pendency of the proceedings before the Criminal Court, the disciplinary enquiry was not proceeded with.

(2.) Through its judgment, dated 11.10.1999, the trial court found the petitioner guilty of the charges framed against him, and sentenced him to undergo simple imprisonment for a period of one year, and to pay a fine of Rs.500/-. The petitioner filed Criminal Appeal No.58 of 2003, in the Court of I Additional District Judge, Nalgonda. On the basis of the conviction of the petitioner in the criminal case, the respondents issued a show-cause notice dated 24.1.2000, requiring the petitioner to show-cause as to why he shall not be removed from service. Petitioner filed W.P.No.1873 of 2000 in this Court. In view of the fact that the sentence passed against the petitioner, by the trial court, was suspended by the lower appellate Court, an interim order was passed in WPMP.No.2379 of 2000, staying the further proceedings in pursuance of the show-cause notice. It was, however, left open to the first respondent, to proceed with the departmental enquiry.

(3.) Criminal Appeal No.58 of 2003 was allowed by the lower appellate Court, through its judgment dated 28.10.2003. Thereafter, the first respondent issued proceedings dated 25.11.2005, indicating that the domestic enquiry against the petitioner would be proceeded with, the enquiry will be conducted by Sri S.Raghava Chary, Branch Manager, Pochampally, and that Sri T.Vijaya Shankar, an officer of the Bank will continue to be the prosecuting officer. The petitioner challenges the proceedings dated 25.11.2005, stating that once he was acquitted of the charges leveled against him by the competent Criminal Court, it is not open to the respondents, to conduct departmental enquiry, on the same charges.