V.G.Oak, J. - (1.) This is a petition under Article 226 of the Constitution for the issue of writs of mandamus and certiorari. Ram Kishun Tandon petitioner was employed as a cashier in the Central Bank of India Ltd., Mutthigunj Branch, Allahabad. The Officer-in-charge, Central Bank of India Ltd., Mutthigunj Branch, Allahabad and the Chief Agent, Central Bank of India, Kanpur are the two opposite parties in this petition.
(2.) The petitioner's case is that in September 1954, the Bank levelled against the petitioner charges of criminal breach of trust and misappropriation of money. The petitioner was suspended from service. The petitioner was also prosecuted in the criminal court under Section 408, I. P. C. But the criminal court acquitted the petitioner on 30-9-1955. In spite of the acquittal from the criminal court, the Bank is taking departmental action against the petitioner in order to dismiss him from service. Such departmental action is prohibited under the law. The reason is that certain industrial disputes were, at one time, referred to an Industrial Tribunal commonly known as Sastri Tribunar That Tribunal gave an award recommending that, departmental action should not be taken after acquittal by criminal courts. There was a subsequent award by another Tribunal presided over by Sri Gajendragadkar. These two awards were enforced by the Industrial Disputes (Banking Companies) Decisions Act 1955 (Central Act No. 41 of 1955). So the proposed departmental action against the petitioner is illegal.
(3.) The opposite parties have opposed this petition on the ground that, departmental action is not prohibited. The petitioner has filed an affidavit in support of his petition. One L. N. Varshney, Offtcer-in-charge of the Central Bank of India Ltd., Mutthigunj Branch, Allahabad has filed a counter-affidavit.;