V.K.Shukia, J. - (1.) Present writ petition has been filed by petitioner questioning the validity of order dated 14.02.2006 passed by General Manager/Disciplinary Authority, Aligarh Gramin Bank, Aligarh refusing to accept request of petitioner to stay departmental proceedings till criminal trial is concluded.
(2.) Brief background of the case is that various irregularities qua withdrawal of amount from different accounts committed by the petitioner had been detected by the Bank, and departmental enquiry qua the same was sought to be initiated vide charge sheet dated 13.09.2004. An F.I.R. had also been lodged against petitioner on 09.10.2004 under Sections 409 and 420 I.P.C. In the said criminal case after investigation charge sheet has been filed before the court of Judicial Magistrate, Atrauli, District Aligarh being case No. 49 of 2005, State v. Vijay Swaroop Saxena. The Criminal court has taken cognizance of the said offence. Petitioner approached this Court by means of writ petition No. 76296 of 2005 for stay of departmental proceeding. This Court on 16.12.2005 dismissed the aforementioned writ petition, however left it open to the petitioner to move an application before the Disciplinary Authority making such request, and if such prayer was made, the same was to be considered and decided in accordance with law. Pursuant thereto an application was made by petitioner on 20.01.2006, and the said application has been rejected. At this juncture present writ petition has been filed.
(3.) Sri V.K. Srivastava, learned Counsel for the petitioner, contended with vehemence that in the present case claim of petitioner for staying departmental proceeding has been arbitrarily turned down, whereas criminal case and departmental proceedings are based on identical and similar set of facts and the charge in criminal case as well as departmental proceeding raises complicated question of fact and law, as such it was desirable to stay the departmental proceedings, and as the same has not been done, impugned order is liable to be quashed and set aside.;