TAQDEER SINGH Vs. J&K BANK LTD

JUDGEMENT

(1.) THE short point which emerges from this petition is as to whether or not a departmental inquiry under service law, after the final adjudication of a criminal case and acquittal of the accused, is maintainable.

(2.) THE writ petitioner, who is a Bank official, on a case being registered against him vide FIR No. 3/92, was charged for commission of offences under Sections 420, 467, 468 and 471 -Ranbir Penal Code, Svt. 1989 (1932 A.D.). The criminal court vide its judgment dated: 25 -01 -1999 acquitted the accused -petitioner. Mr. Jhelmeria, appearing for him, has urged that after such acquittal, departmental proceedings against him under service law are not sustainable. He had made an attempt to seek assistance from a judgment delivered by the Apex Court in a case titled Capt. M. Paul anthony Vs. Bharat Gold Mines and another, reported in (1993) 3 SCC 679.

(3.) COURTS have often been engaged in hypothecal tangle of non -maintainability of departmental proceedings either during or after the conclusion of the trial. The distinction between criminal trial and a departmental proceeding was registered by their lordships of the Supreme Court in a case titled Depot. Manager A. S. R. T. Corporation Vs. Mohd Yousuf Miya, reported in 1997 AIR SCW 2098. Their lordships while reproducing the ratio of law laid down in Meenaâ„¢s case, reported in AIR 1988 SCW and AIR 1998 SC 2118 held as under: -