KRISHNA MOHAN PRASAD Vs. CENTRAL COALFIELD LTD

JUDGEMENT

(1.) PETITIONER is Personal Assistant under the respondent authority. In 2004 a criminal case was instituted against the petitioner under Prevention of Corruption Act being R.C. case No. 11 -A/2004 on the charges of receiving illegal gratification. Petitioner was then put under suspension and a departmental proceeding has been initiated and the charge -sheet of the departmental proceeding has been served upon him. On the first sitting of the departmental proceeding on 14.9.2004 petitioner requested for the assistance of co -worker which was accepted. Petitioner then made representation for staying the departmental proceeding against him on the ground of pendency of the criminal case on the same set of charges. The said representation was rejected by the respondents by passing the impugned order. Petitioner has challenged the said order whereby the respondent -authorities refused to stay the departmental proceeding till conclusion of criminal case.

(2.) MR . A.K. Sinha, learned senior counsel appearing on behalf of the petitioner assailed the impugned order as being illegal and wholly without jurisdiction. Learned counsel relied upon a decision of this Court in the case of Ranjit Kumar Dey V/s. BCCL, 2001 (2) JCR 3 (Jhr) : (2001) 1 JLJR 246 and also decision of the Supreme Court in the case of Captn. M. Paul Anthony V/s. Bharat Gold Mines Ltd. & another, (1999) 3 SCC 679.

(3.) IN the case of Captn. M. Paul Anthony, V/s. Bharat Gold Mines Ltd. (supra) their Lordship of the Supreme Court after considering the earlier decision came to the following conclusion: