D.P.SINGH, J. - (1.) Heard counsel for the petitioner. This petition is directed against the orders dated November 11, 2005 and January 17, 2006. By the former order, the departmental proceedings have been initiated against the petitioner and, by the latter order, his request for stay of proceedings has been rejected.
(2.) At the relevant time the petitioner was Head Cashier of the State Bank of Patiala at Ghaziabad and was also joint custodian of the cash chest, Bins etc., wherein the cash of the Reserve Bank of India is kept. On May 3, 2005 the Currency Verification Officer was deputed for verifying the cash held in the chest as a part of structured cash verification exercise. He found a shortage of Rs. 2,11,09,500/- in the cash chest. A First Information Report was lodged against the petitioner and another joint custodian and a departmental enquiry was initiated where charges were framed on October 13, 2005. After investigation in the criminal case, a charge sheet under Sections 120-B, 409 I P.C. read with Section 13(2), 13(1) (c) (d) of Prevention of Corruption Act was submitted to the Court with the allegation that the petitioner dishonestly misappropriated and utilised for his own use the aforesaid cash of the Reserve Bank of India by making investments and speculation in stock market in his own name or in the name of his family members or fictitious persons from June, 2003 onwards through City Capital Services, Meerut.
(3.) The petitioner approached this Court on an earlier occasion claiming that both the charges were the same and so was the evidence and therefore the domestic enquiry should be stayed. A learned single Judge of this Court vide his order dated December 16, 2005 remitted the matter to the Disciplinary Authority stating that if the charges were same and the evidence was same, the authority may consider the stay of departmental enquiry. By the second impugned order, the claim has been rejected by the Disciplinary Authority which is now also under challenge.;