DILIP KUMAR DE Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Initially in this writ application, the petitioner had prayed for quashing of the chargesheet dated 14th of October, 1988, issued on behalf of the respondent-Bank and for a direction to the respondents not to go ahead with the departmental proceeding during the pendency of a criminal trial. During the pendency of this application before this Court, by order dated 11-8-1989 it was directed that recording of evidence in the departmental proceeding on behalf of the parties, shall remain stayed.

(2.) Through a supplementary affidavit, it has been stated that during the pendency of this application, the petitioner has been acquitted in the criminal trial by the judgment dated 8th of October, 1991, Therefore, in the changed circumstances a question has been raised "whether or not the departmental enquiry, pending agaiast the petitioner, should be allowed to continue even after his acquittal in the criminal case of the basis of the same charges".

(3.) The other point for consideration has been raised "whether it is open to the respondents to initiate a departmental proceeding and frame charge with respect to the occurrence, which took place about 14/15 years prior to the initiation of the proceeding". Apart from the aforesaid it has also been urged that the initiation of the proceeding is an out come of mala fids treatment of the, relevant authorities.