BINDESHWARI SINGH Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) THIS case has been preferred by petitioner against the departmental proceeding initiated vide charge -sheet No. 1256 dated 13th November, 2001 with further prayer to restrain the respondents permanently from proceeding against the petitioner in the departmental proceeding till the disposal of criminal appeal preferred by petitioner pending before this Court.

(2.) THE case of the petitioner is that he was trapped by team constituted by C.B.I. on 28th June, 1994 on the complaint of Dular Chand Bhuiya for taking illegal gratification of Rs. 100/ -. Thereafter, he has been convicted by Special Judge, C.B.I., Dhanbad in R. C. Case No. 19(A)/94(D) under Sections 477 -A and 120 -B of the IPC and Sections 7/13(2) and 13(1)(2) of the Prevention of Corruption Act. He has already preferred criminal appeal No. 356 of 2001 before this Court which has been admitted and the petitioner has been released on bail. In the meantime, the Management initiated the departmental proceeding again him after revocation of order of suspension, for same set of charges as was in the criminal case.

(3.) IN fact, the aforesaid finding of Honble the Supreme Court in the case of Rama Narang goes against the stand taken by the petitioner.