R.N. SINGH CHAUHAN Vs. MADHYANCHAL GRAMIN BANK

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution to challenge the charge -sheet dated 22.06.2010. In addition, the petitioner has also challenged the suspension order dated 21.08.1999. The petitioner has prayed for grant of consequential benefits.

(2.) Shri Naman Nagrath, learned senior counsel urged that the charge -sheet is based on an alleged incident of 22.11.1997. A criminal case bearing No. 336/2000 was registered on the basis of such incident. The petitioner was placed under suspension w.e.f. 21.08.1999 (Annexure -P/2). The criminal trial was initiated on 11.04.2000. The respondents did not take any disciplinary action till 22.06.2010 when the impugned charge -sheet (Annexure -P/3) was issued. The departmental inquiry proceeded to great extent and the Inquiry Officer submitted its findings before the Disciplinary Authority. However, the Disciplinary Authority did not accept those findings and by order dated 05.11.2014 directed to institute a de novo inquiry. Shri Nagrath further submits that the petitioner was acquitted in the said criminal case by judgment dated 07.02.2015 (Annexure -P/1).

(3.) The charge -sheet and disciplinary proceedings are challenged on the ground that there is inordinate delay in issuing the charge -sheet. The continuation of departmental inquiry after 17 years from the date of incident is highly belated and liable to be quashed. It is strenuously contended that the witnesses in the criminal case and the departmental inquiry are same. Once the petitioner stood acquitted in the criminal case, the department cannot be permitted to conduct the departmental inquiry. It is further submitted that the petitioner is due for his retirement within four months. Thus the departmental inquiry may be set aside. Reliance is placed on the judgment of the Supreme Court reported in : (2015) 2 SCC 365 (S. Bhaskar Reddy and another v/s. Superintendent of Police and another) and judgments of this Court reported in the case of Bhagwan Singh Gurjar v/s. State of M.P. and others, (2013 SCC Online MP 4686).