JAYATI BANERJEE Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) The stay application arises out of an appeal preferred by the writ petitioner against the judgment and order dated 2nd July, 2004 passed by the learned Single Judge in W. P. Nos 10613(W) of 2004, dismissing the same on the ground that there was no merit in the writ application.

(2.) In the writ petition the appellant had challenged the simultaneous continuance of disciplinary proceedings and a criminal investigation arising out of a First Information Report dated 8th February, 2004 lodged by the bank under section 409 of the Indian Penal Code.

(3.) The learned Single Judge dismissed the application on the finding that since the criminal proceedings were only at an investigation stage, there is absolutely no guarantee that after the investigation the police would file a chargesheet against the petitioner. In such a situation, the learned Judge observed that nobody knew whether at all the writ petitioner would be required to face a criminal trial.