SANJIB BANERJEE,J. - (1.) The substance of the petitioner's submission is that either a public employer not lodge a criminal complaint against an employee who is perceived to have committed a criminal offence and against whom a departmental action is initiated; or, if a criminal complaint is lodged in respect of the same matters, the departmental action has to be suspended till the criminal trial is concluded.
(2.) The petitioner is a frequent visitor to this court. This is, at least, the third petition under Article 226 of the Constitution carried to this forum by the petitioner. On or about December 13, 2013, a criminal complaint was filed on behalf of the employer bank accusing the petitioner of, inter alia, criminal breach of trust and cheating. In respect of the same set of allegations, a departmental charge -sheet was issued to the petitioner on or about March 3, 2014. The petitioner carried WP 13315(W) of 2014 to this court, complaining of the criminal and the disciplinary proceedings continuing in tandem and an order was passed on June 3, 2014 requesting the criminal court to ensure that the trial was completed within a year of the communication of the order. The criminal court was also requested to see to it that the petitioner cooperated in the course of the trial and, "any observation of the criminal court that the trial has been delayed even on a single occasion on account of the petitioner will immediately result in the present order restraining the disciplinary proceedings to be stayed till the conclusion of the criminal trail to stand vacated without reference to this court".
(3.) The rationale for the order is evident from the following sentence therein: "Ordinarily, disciplinary proceedings may not be automatically stayed upon a criminal case in respect of the same matters being initiated; but, in this case, since the employer did not suffer any pecuniary loss it is desirable that the disciplinary proceedings should not continue in tandem, subject to the condition as indicated hereinafter." ;