GULAB CHANDRA VISHWAKARMA Vs. SOUTH EASTERN COALFIELDS LTD

JUDGEMENT

(1.) Writ petition has been filed as against an order passed by the trial Court which has been affirmed by the appellate Court refusing to grant injunction restraining the departmental enquiry during pendency of the criminal case.

(2.) Plaintiff/petitioner has filed the suit. It is averred that he was employed as Senior Clerk, his duty was to clear the medical bills. On enquiry, it was found that payment was cleared of medical bills of 600 persons without following the due process. Fraud was played intentionally and financial loss was caused to the employer. The act amounted to gross indiscipline and misconduct. Earlier petitioner had travelled to this Court seeking decision on the question whether departmental enquiry could have been proceeded during pendency of criminal case under Sections 420,467,468 IPC registered at Crime No. 105/05. The prayer was rejected by the department hence in civil suit which has been filed interim injunction was prayed on the ground that the charges relate to the same matter in both the cases. Application was resisted by the employer on the ground that High Court has also not passed any order staying the departmental enquiry, direction was given only to consider the prayer. Scope of criminal proceeding as well as that of departmental enquiry was different. The trial Court vide Order dated 6.3.07 held that no prima facie case was made out so as to stay the departmental enquiry. Order has been affirmed by the appellate Court vide Order dated 16.7.07, hence this writ petition has been preferred.

(3.) Shri K.C. Ghildiyal, teamed counsel appearing for petitioner has submitted that considering the facts and circumstances of the case during pendency of the criminal case, the departmental enquiry ought to have been stayed. However, he has conceded that except framing of the charges, nothing has happened in the criminal case so far, evidence has not yet commenced, whereas in departmental enquiry three witnesses have been examined. Learned counsel has prayed for staying of the departmental enquiry during pendency of the criminal case as petitioner's case may be prejudiced in case he discloses the defence.