VINOD SHARMA Vs. BANK OF INDIA

JUDGEMENT

(1.) THE necessary facts, in brief, are that the appel1ant who is an employee as Staff Accounts Clerk in the Bank of India, has been served with a charge -sheet dated 5.1.1994 on the ground, amongst others, that he opened a fictitious Savings Bank Account in the name of one customer, Shri Vinod Mishra and that he committed fraud in respect of a sum of Rs. 6,000/ - credited in the name of the above person. There arc other charges of dereliction of duty and negligence of work. Pending the departmental enquiry, the petitioner has been placed under suspension.

(2.) THE appellant claims stay of the departmental enquiry by taking recourse to para 19.4 of the First Bipartite Settlement which governs the service conditions of the bank employees. The ground urged is that on some allegations and charges, a criminal case has been instituted against him and is pending trial before the criminal Court. The alleged offence of fraud is said to have been committed on 2lJ.11.1992. The first information report of the commission of the offence was Include by the above -named customer and FIR was lodged on 25.6.1993. A challan has been filed in the Criminal Court by the police on 24.9.1994. As the first step in the departmental enquiry, a charge -sheet has been served on the appellant by the Bank on 5.1.1994.

(3.) THE learned counsel appearing for the appellant submits that the learned Single Judge has erred in not placing the correct interpretation on para 19.4 of the Settlement particularly the last part of it.