JYOTISH BARUAH Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) This Writ Appeal has been filed against the order dated 26.6.2001 passed by the learned Single Judge of this Court in Misc. Case No. 845/2001 in WP(C) No. 1505/ 2001.

(2.) A writ application was filed by the presemt appellant with the prayer that writ of Mandamus maybe issued directing the authority not to proceed with the departmental proceeding/enquiry against the petitioner pursuant to the charge sheet under Memorandum No. C-14013/2/2000 Dis(ii) dated 19.8.2000 and Memorandum No. C. 14013/2/2000 Dis (iii) dated 19/20.8.2000 till the final decision of the Criminal Case vide Lahoal P.S. Case No. 72/95.

(3.) What may be stated herein is that on 2.3.95, an information was filed before the O/C, Mohanbari Police Out Post, Dibrugarh against the writ petitioner-appellant with regard to defalcation of a huge amount of money and that was subsequently sent to Lahoal Police Station wherein it was registered as Lahoal P.S. Case No. 72/95. The investigation in that matter still is not completed. In the meantime, two departmental proceedings were initiated as against the writ petitioner for the defalcation of money by his employer i.e. by the Airport Authority of India and in both the departmental proceedings, writ petitioner- appellant filed his written statement and it was at the stage of hearing, that he approached this Court and filed this writ application. Earlier to it, an application was filed before the disciplinary authority to stay the proceedings and that was rejected and this writ application was filed. The learned Single Judge of this Court on 7.3.2001 passed the following order: