W GIRIDHAR Vs. EXECUTIVE DIRECTOR PERSONNEL SISPLINARY AUTHORITY

JUDGEMENT

(1.) THE petitioner joined the life Insurance Corporation of India as development Officer in the year 1994. He was promoted to the post of Assistant manager, and thereafter as Branch Manager, guntur. When he was working as Manager of the City Branch, Visakhapatnam, a trap was laid by C. B. I. , and he was caught red handed, while receiving a sum of Rs. 10,000/-, from a policy holder. On the basis of the successful trap laid on the petitioner, prosecution was launched through C. C. No. 2 of 2003 on the file of the Special Judge for C. B. I. and S. P. E. Cases, Visakhapatnam. Departmental proceedings were also initiated, by issuing a charge-sheet.

(2.) PETITIONER filed W. P. No. 25318 of 2002, alleging that the charges framed against him are vague, in many respects. An order of interim stay was granted in W. P. M. P. No. 31964 of 2002. The Corporation filed a w. V. M. P. No. 25879 of 2003. On 21. 10. 2003 this Court passed an order, making the interim stay absolute, but leaving it open to the Corporation to issue fresh charge-sheet. Accordingly fresh charge-sheet was issued, on 3. 9. 2004.

(3.) IN C. C. No. 2 of 2003, the trial court found the charge against the petitioner proved, through its judgment dated 28. 2. 2007, and it sentenced the petitioner to undergo imprisonment for a term. Aggrieved thereby, the petitioner filed Criminal Appeal No. 438 of 2007, before this Court. In Crl. A. M. P. No. 31964 of 2002, the sentence ordered against the petitioner was suspended. In the meanwhile, the Corporation had resumed the disciplinary proceedings. The petitioner contends that the disciplinary proceedings cannot be resumed or continued, in view of the pendency of the appeal. It is urged that the petitioner would be subjected to prejudice and jeopardy, in case the departmental proceedings are taken up, even while the criminal appeal is pending.