J N ARORA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) PETITIONER , in this petition, challenges the action of the respondent -Bank in conducting disciplinary proceedings against him during the pendency of the criminal complaint pending before the Chief Judicial Magistrate, Ludhiana.

(2.) PETITIONER was placed under suspension while working as Branch Manager, Union Bank of India, G.T. Road Branch, Ludhiana. Disciplinary inquiry was ordered against him by the disciplinary authority. He was issued a charge sheet Annexure P -1. Charge against the petitioner was that while working as Branch Manager at G.T. Road Branch, Ludhiana, he allowed Shri Girdhari Lal Bassi, account holder of Current Account No. 17129 to introduce cash of Rs. 45 lacs in a fictitious current account and withdraw the same with his connivance. Statement of allegations was also supplied to the petitioner. Assistant Commissioner, Income Tax Central Circle, Ludhiana, filed a complaint under section 278 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') against the petitioner in the the Court of the Chief Judicial Magistrate, Ludhiana, on 27.1.1997, copy of which has been attached as Annexure P -2, with this petition. Some of the facts stated in the Statement of Allegations and the complaint are common and overlapping.

(3.) PETITIONER has come to this court for staying the disciplinary proceedings pending against him during the pendency of the criminal trial. Plea taken is that the allegations levelled against the petitioner in the disciplinary proceedings are exactly the same which are subject -matter of criminal trial and the continuation of departmental proceedings is likely to prejudice the defence of the petitioner in the criminal case. For this, reliance has been placed upon two judgments of the Supreme Court reported in Tata Oil Mills Co. Ltd. v. The Workmen, AIR 1965 SC 155 and Kusheshwar Dubey v. M/s. Bharat Coking Coal Ltd. and others, AIR 1988 SC 2118.