V.C.Misra, J. - (1.) Lard Sri C.K. Parekh, learned Counsel for the petitioner and Sri V.B. Singh, Senior Advocate assisted by Ms. Kirtika Singh and Mr. U.P. Singh, Learned Advocates for the respondents-Bank. On the joint request of learned Counsel for the parties this writ petition is being heard and disposed off finally at the admission stage itself in terms of the provisions of Chapter XXII, Rule 2 of the Rules of Court, 1952.
(2.) This writ petition has been filed for issuance of a direction in the nature of mandamus directing the respondents not to proceed with the departmental enquiry in pursuance to the order/charge sheet dated 3.1.2004 (Annexure No. 7 to the writ petition) as well as notice in respect with preliminary departmental inquiry dated 7.1.2004 (Annexure No. 8 to the writ petition) until the final conclusion of the Criminal Case No. 6178 of 1985 pending in the Court of Chief Judicial Magistrate, Varanasi under Sections 420, 467, 468 of the Indian Penal Code arising out of Crime No. 106 of 1984 or impugned Charge sheet dated 3.1.2004 and the order dated 7.1.2004, Annexure No. 7 and 8 to the writ petition respectively be quashed.
(3.) Facts of the case in brief are that on a complaint made to the Bank Authorities by one Sri Shyam Narayan Maurya, a holder of the Saving Bank account in question against the petitioner who is an class IV employee of the respondent-Bank of Baroda in respect with fraudulent withdrawal of an amount of Rs. 1,99,000/- from his Saving Account No. 8774 on various occasions on various occasions in cash received by the petitioner or subordinate staff or transferred to the saving Bank Account No. 8950 which is standing in the name of Smt. Phulwasi Devi wife of Ram Shankar Kushwaha. On the aforesaid complaint, respondent No. 1-Manager, Branch Nichi Bagh, Bank of Baroda, Varanasi lodged a first information report dated 30.6.1984 against the petitioner Rama Shankar Kushwaha and others upon which case crime No. 106 of 1984 Under Sections 420, 467 and 468 of the Indian Penal Code was registered at police station chowk District Varanasi.;