AGGARWAL B K Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution for stopping the disciplinary proceedings against the petitioner till the decision in the criminal trial pending against him.

(2.) THE petitioner joined service with the State Bank of India as a Cashier in the year 1972. He was promoted as an Officer, Junior Management Grade Scale I, in the year 1980. He was working in the year 1995 as the Assistant Manager of the Rewari Branch of the bank. Certain fraudulent withdrawals of money were made from some savings accounts during the period from August to October 1995. Such withdrawals were to the tune of Rs. 2,28,500. An F. I. R. was registered by the police against the petitioner on October 30, 1995 under Section 409, I. P. C. That report had been lodged by Sri H. K. Benal, Assistant General Manager.

(3.) THE petitioner has averred in his petition that a criminal case has been registered against him on the basis of certain confessions allegedly made by him. Actually, he had been kidnapped from Rewari on October 30, 1995 and was beaten. He was forced to sign a confessional statement. His wife lodged an F. I. R. on October 31, 1995. He was placed under suspension on November 17, 1995. He was granted anticipatory bail on February 2, 1996. The challan was put up in the Court on March 1, 1996. The Chief Judicial Magistrate, Rewari framed charge under Section 409, IPC against him on September 8, 1997. A chargesheet, dated December 18, 1997, was issued to the petitioner in the departmental proceedings. He has been asked to submit his reply to the chargesheet served on him in the disciplinary proceedings.