B.K. AGGARWAL 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 at the Rewari Branch of the Bank. Certain fraudulent withdrawals of money were made from some saving 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 30th October, 1995 under Section 409 I.P.C. That report had been lodged by Shri H.K. Benal, Assistant General Manager.

(3.) THE petitioner's case is that the allegations in the F.I.R. and the departmental charge sheet are the same. Both are based on the same facts and the documents. The petitioner would take his defence in the criminal case. He wrote to the Deputy General Manager, who is the disciplinary authority, that he is unable to submit his reply to the departmental charge sheet as it will prejudice his legal rights in the criminal case. He informed that he did not want to disclose his defence in the disciplinary proceedings prior to the disclosure in the criminal trial. He, therefore, requested the disciplinary authority to stay the departmental proceedings till the final decision in the criminal case. The disciplinary authority has not stayed the enquiry.