RATTAN PAL Vs. PUNJAB GRAMIN BANK

JUDGEMENT

(1.) This petition seeks a direction for stay of departmental proceedings pending criminal case, inter-alia, under the provisions of the Prevention of Corruption Act, 1988 (in short, 'the Act').

(2.) A criminal case has been registered against the petitioner at the instance of the Central Bureau of Investigation (CBI) for alleged fraud while working as Manager of the Bank for which charge sheet had been duly filed. On identical charges, charge sheet dated 12.1.2007 has also been served on the petitioner and an Enquiry Officer has been appointed. The petitioner made a prayer that departmental proceedings be stayed pending criminal trial.

(3.) Learned counsel for the petitioner submitted that if departmental proceedings go on, the petitioner will have to disclose his defence which would prejudice him in the criminal trial. The documents which have to be produced in criminal trial are not available in the departmental enquiry. Learned counsel for the petitioner placed reliance on judgments of the Hon'ble Supreme Court in Tata Oil Mills Co. Limited V/s. The Workmen, 1965 AIR(SC) 155 Capt. M. Paul Anthony V/s. Bharat Gold Mines Limited and another,1999 2 RSJ 318 and Makhan Singh V/s. Narainpura Cooperative Agricultural Service Society Limited and another, Recent Services Judgements (1950-1988) Vol. 1 342.