RASHEED ALAM Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS letters patent appeal has been filed against the order of 7. July 2003 on the petitioners writ petition being CWJC No. 5122 of 2003 : Rasheed Alam V/s. The State Bank of India & Ors. The learned Judge has declined to grant any relief by not interfering with the departmental proceeding.

(2.) THE contention on behalf of the petitioner -appellant is that the learned judge has erred in not considering that between the simultaneous proceedings, that is to say, a departmental proceeding and a criminal trial, the departmental proceeding ought to be stayed. The contention is that two parallel proceedings are in motion and it is in the fitness of things that the departmental proceeding ought to remain in abeyance till the criminal trial is determined. The petitioner -appellant has also relied on a decision of the Supreme Court In Re. Kusheshwar Dubey V/s. M/s Bharat Coking Coal Ltd. and others, AIR 1988 S.C. 2118.

(3.) THE charge against the petitioner -appellant is that he was misapplying the public funds and delivering it to wrong persons and that also after taking bribe.