RUPINDER SINGH NAGPAL Vs. BANK OF INDIA

JUDGEMENT

(1.) THIS application has been preferred by petitioner against the charge -sheet contained in Reference No. 68 -69 both dated 24.6.2004. The main grievance of the petitioner is that a criminal case is pending for same set of charge leveled in the depart -mental proceeding with an alternate prayer to stay the departmental proceeding till the final disposal of the criminal proceeding for the same set of charge.

(2.) COUNSEL appearing on behalf of the Bank opposed the prayer and submitted that the departmental proceeding cannot be closed on the ground that a criminal case has been filed against the charged employee. This Court accepts this submission, there being no bar of continuance of two proceedings simultaneously. The counsel further submitted that no charge has been framed in the criminal case and thereby the petitioner cannot claim that the charges in the departmental proceeding are same and similar to those in the criminal proceeding.

(3.) FROM a bare perusal of the charge -sheet dated 24.6.2004 and the First Information Report as enclosed by the petitioner, it would be evident that the charges are different in nature though based on same set of fact. Some of the charges are also different e.g. there is a charge leveled against the petitioner for some fixed deposit issued in favour of one person stated to be the adopted son of the petitioner which is not the charge in the criminal proceeding. In the departmental proceeding on the basis of allegation made by the wife 'misconduct ' has been alleged against the petitioner which cannot be determined by the Court of criminal jurisdiction.