JATINDER PAL CHANDEL Vs. STATE OF J&K

JUDGEMENT

(1.) The first issue raised in the instant appeal filed under Clause 12 of the Letters Patent is whether disciplinary proceedings by an employer could continue simultaneously during the currency of criminal proceedings. The question is no longer res integra in view of the law laid down by Hon'ble the Supreme Court in the cases of Kusheshwar Dubey v. Bharat Coking Coal Ltd. & others, 1988 4 SCC 319 and Depot Manager, A.P.SRTC v. Mohd. Yousuf Miya, 1997 2 SCC 699. Hon'ble the Supreme Court did not prefer to lay down any principles of universal application in cases of parallel proceedings in the criminal Court and before departmental authorities. However, in the case Capt. M.Paul Anthony v. Bharat Gold Mines Ltd., 1999 3 SCC 679, their Lordships of Hon'ble the Supreme Court have summed up the legal position by concluding as under:-

(2.) Facts of the case in hand fall in a narrow compass. The appellant was working on the promoted post of Middle Management Grade/Scale-II. After promotion he was transferred to Central Zone I and had to report to General Manager, Field Manager, Lucknow on or before 25.07.2011.

(3.) He was served with a communication dated 03.03.2012 charging him with various acts of omission and commission during his tenure as Branch Manager, Udhampur. He was placed under suspension with immediate effect pending disciplinary action. However, he was allowed to draw subsistence allowance as per the rules of the respondent-bank. Simultaneously an FIR No.152 of 2012 was lodged on the basis of a written complaint filed by one Sandeep Singh, Branch Manager, Union Bank of India, Udhampur under Section 409 409, 420, 467, 468 & 471 RPC. According to the allegations in the FIR an amount of Rs.15.00 lacs was withdrawn on 03.08.2011 and the same was not deposited with the Bank. As per the statement of account, cash was paid to Mr. Ankush, who was working as clerk/cashier. He had resigned. These instances are set out below in extenso:-