KRISHNA KUMAR MISHRA Vs. CANARA BANK AND ORS.

JUDGEMENT

(1.) The petitioner was working as Peon in Currency Chest of Canara Bank, Muzaffarpur. Allegedly, on 23.10.1989, he misbehaved with an Officer of the Bank which led to initiation of a departmental proceeding and institution of a criminal case under Sections 353 and 323/34 of the Indian Penal Code, against him.

(2.) He was placed under suspension under the orders of the Deputy General Manager of the Bank on 01.11.1989. Charge memo was served upon him. On the same set of facts, which was the basis for institution of the criminal case. The departmental proceeding, however, did not proceed awaiting the result of the criminal case, which fact is not in dispute.

(3.) In the criminal case, the petitioner was put on trial and was convicted for the offence punishable under Sections 353, 323 and 341 of the Indian Penal Code by a judgment and order dated 16.9.1993 passed by a Court of Muzaffarpur in Trial No. 106 of 1993. He was, however, asked to execute bond of Rs. 2000/- with two sureties in order to maintain peace in the meantime and with a direction not to repeat such type of offence in future, exercising power under the Probation of Offenders Act,1958.