SUJIT SAHA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE Writ petitioner Shri Sujit Saha while posted as the Assistant Accounts Clerk in the State Bank of India at Jalpaiguri, West Bengal, consequent to a complaint of the then Chief General Manager of the State Bank on 25.09.1999 before the local Kotwali Police Station Jalpaiguri over the incident of encashment of one cheque No. BB/50 -116941 for Rs.2,25,000/ - by forging signature, Kotwali P.S. Case No. 369/99 dated 26.6.1999 for the offence under Sections 468/471/420/120B IPC has been registered, and during investigation of said criminal case the writ petitioner along with one Pradip Das have been arrested and Rs. 2,25,000/ - having been recovered allegedly from possession of the writ petitioner, on completion of the investigation charge -sheet has been submitted before the Court of the then Sub -Divisional Judicial Magistrate, Jalpaiguri on 28.07.2000 for taking cognizance.

(2.) MEANWHILE , following the arrest and alleged recovery of the aforestated bank money from possession of the writ petitioner he has been put under suspension from service by the then Assistant General Manager by issuing order dated 12.11.1999, and after charge -sheet of the aforesaid criminal case show cause notice was issued on 30.11.2000 to the writ petitioner inviting explanation about the Act of fraudulence under reference within the stipulated period, and, in submitting reply to said show cause notice the writ petitioner took the stand that since criminal case has ended into charge -sheet for his prosecution in criminal Court the proposed departmental proceeding should not be initiated and the same be kept stayed till disposal of the criminal case.

(3.) AT that juncture, the writ petitioner came up with the writ in the year 2002 seeking relief in the nature of mandamus, certiorari etc. so that the departmental proceeding be kept stayed till conclusion of the trial of the aforesaid criminal proceeding pending before Respondent No. 8 and this Court on 16.09.2002 has passed an interim order at the instance of the writ petitioner which is as follows: -