SATWINDER SINGH Vs. NABARD

JUDGEMENT

(1.) This petition seeks a direction to stay departmental enquiry against the petitioner during pendency of trial in a criminal case.

(2.) Case of the petitioner is that he was working as a Clerk in the bank. He was given charge sheet on the allegation of misappropriation. A criminal case was also registered and after investigation, the Central Bureau of Investigation (CBI) filed charge sheet against the petitioner before the Court. Disciplinary proceedings were also initiated and an Enquiry Officer was appointed, even though, the matter was sub-judice before the criminal Court. Since the charges in the criminal Court and in the departmental enquiry were identical, the departmental enquiry was liable to be stayed.

(3.) Learned counsel for the petitioner submitted that departmental enquiry could not be continued as criminal proceedings were pending against the petitioner. Reliance has been placed on judgment of the Hon'ble Supreme Court in M. Paul Anthony V/s. Bharat Gold Mines Limited, 1999 AIR(SC) 1416and judgment of the Karnataka High Court in S. Jayarajan V/s. The Reserve Bank of India, 1997 2 SCT 585.