ROSHAN LAL KAPOOR Vs. BANK OF BARODA

JUDGEMENT

(1.) Is the respondent-Bank debarred from taking action on the enquiry report against the petitioner merely because even a criminal case is pending against him This is the short question that arises in this case. A few facts may be noticed.

(2.) The petitioner is working as a Special Assistant with the Bank of Baroda. On certain irregularities having been detected he was placed under suspension vide order dated October 16, 1991. Thereafter on August 4, 1992 a charge sheet was issued to the petitioner. A copy of this charge sheet has been produced as Annexure P-4 with the writ petition. It appears that some time later even a report was lodged with the Police as a result of which a criminal case was registered against the petitioner. On November 23, 1995 the Chief Judicial Magistrate Faridabad framed charges against the petitioner. The trial is still pending. However, in the meantime, departmental proceedings were continued. On February 18, 1997 the Enquiry Officer had submitted the report. On the basis of this report a notice dated February 24, 1997 was served on the petitioner. By this notice the petitioner was supplied a copy of the Enquiry Report. He was called upon to make a representation if he so wanted against the findings recorded by the Enquiry Officer. On March 14, 1997 the petitioner submitted his reply. However, before any order could be passed, the petitioner has filed the present writ petition. He prays that the order of suspension and the Enquiry Report be quashed and the respondents be restrained from taking any further action in pursuance of the report.

(3.) Mr. M.S. Jain, learned counsel for the petitioner has contended that since a criminal charge founded on the same facts as are involved in the departmental enquiry is already pending trial, the departmental proceedings are initiated and cannot be continued. In any event, these proceedings should be stayed till the criminal trial is concluded.