PRADIP LUMAR Vs. BHARAT COKING

JUDGEMENT

(1.) IN all these writ petitions, the question that falls for consideration is as to whether continuance of departmental proceedings pending conclusion in the criminal trial is justified in the facts and circumstances of the present case. W. P. (S) No. 5705/2007

(2.) IN this writ petition, the petitioner seeks issuance of appropriate direction restraining the respondents from taking any adverse decision against him till the decision of Cr. Appeal No. 1170/2005 in view of the show cause notice issued by the respondents in contemplation of the departmental proceeding.

(3.) THE petitioner while working as mazdoor was implicated in a criminal case alongwith 7 other persons in respect of a dispute of a pond under Sections 147, 148, 149 and 307 ipc. The trial Court convicted the accused persons including the petitioner by judgment dated August 29, 2005. The petitioner thereafter filed W. P. S. No. 651/2006 for stay of departmental proceeding which was dismissed in terms of order dated April 13, 2006 on the ground that the departmental proceeding was initiated not on the basis of conviction in a criminal case, rather on the ground of allegation against the petitioner that he was in the habit of remaining absent from his duties. However, in the said departmental proceeding, the petitioner was asked to join duty with the stoppage of one increment vide order dated September 11, 2007. The petitioner thereafter was again; charge-sheeted on the ground of conviction in a criminal case and Inquiry Officer was appointed. Inquiry Officer conducted the inquiry and submitted his report. The petitioner thereafter submitted his explanation and requested the respondents not to take any adverse action till the pendency of the Criminal appeal. Since the respondents did not respond to the said request, the writ petition has been filed. W. P. (S) No. 5712/2007