Chattisgarh High Court
Chhattisgarh Rajya Gramin Bank vs Sandip Kumar Singh on 17 February, 2025
1
2025:CGHC:8189
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCC No. 641 of 2022
1 - Chhattisgarh Rajya Gramin Bank Through Its Chairman, Head Office
Mahadev Ghat Road, Sunder Nagar, Raipur, Chhattisgarh
2 - Chhattisgarh Rajya Gramin Bank, Through Its Regional Manager,regional
Office First Floor, Vivek Complex, Sanam Gali, Ambikapur, District Surguja,
Chhattisgarh
3 - Branch Manager, Chhattisgarh Rajya Gramin Bank, Branch Office, Sedam,
District Surguja, Chhattisgarh
... Petitioners/applicants
versus
Sandip Kumar Singh S/o Mr. Ravindra Pratap Singh Aged About 26 Years
Working As Office Assistant (Suspended), R/o Village Ghoghra, Ps And Tehsil
Batouli, District Sarguja, Chhattisgarh
... Respondent
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For Petitioners/Applicants : Mr. Sabyasachhi Bhaduri, Advocate.
For Respondent : None present.
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Hon'ble Mr. Justice Naresh Kumar. Chandravanshi
Order On Board
17-02-2025
Heard.
1. This MCC has been preferred by the petitioner seeking following reliefs :-
"(a) Allow the present petition seeking clarification /
modification of the order dated 27.03.2018 passed by this
Hon'ble Court in WPS No. 2377/2018 to the extent as
mentioned in the present petition, enabling the present
Petitioner to proceed with the departmental enquiry.
(b) Allow the present petition seeking clarification / modification
of the order dated 27.03.2018 passed by this Hon'ble Court in
WPS No. 2377/2018 and permit the Petitioner to proceed with
the departmental enquiry contemplated against the Respondent
herein after imposing appropriate conditions as prayed for in
the present petition.
(c) Pass any further appropriate writ, order, direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the present case."
2. Learned counsel appearing for the applicant submits that in pursuance of
the order dated 27.03.2018 passed by this Court in Writ Petition (S) No. 2377 of
2018, departmental proceedings initiated against the respondent / employee has
been stalled till conclusion of concerned criminal case pending against the
respondent, but till date criminal case has not been concluded, therefore, the
applicant may be permitted to conclude departmental proceedings against
respondent by modifying aforesaid order dated 27.03.2018 passed by this Court.
3. In WPS No. 2377 of 2018, this Court has passed the following order on
27.03.2018, which reads as under :-
"9. Likewise, if we peruse the decision rendered in State Bank of India &
Ors. Vs. Neelam Nag & Anr. 2016 (9) SCC 491, it would reveal that the
Supreme Court in the said case also initially had taken note of the fact
that charges which have been levelled against the petitioner in the
criminal case and also in the disciplinary proceeding, if not identical,
almost are on similar set of facts and witnesses also relied upon before
the two forums being similar, the disciplinary action against the petitioner
was stalled for a period of one year. The period of one year was perhaps
for the reason that the proceedings before the criminal court was going
on since long, whereas, in the instant case the departmental proceedings
have been initiated recently. Therefore, at this juncture, it would be in the
interest of justice that the departmental proceedings against the petitioner
be stalled till the criminal case is finally concluded and thereafter the
respondents would be at liberty to proceed further from the stage the
inquiry proceedings are fixed as on date.
10. With the aforesaid observations, the writ petition stands allowed
and disposed of."
4. Having considered the clear-cut finding recorded by the Coordinate Bench
of this Court based on judgment rendered by the Supreme Court in Neelam Nag
(supra) that "in the interest of justice that the departmental proceedings against
the respondent be stalled till the criminal case is finally concluded and thereafter
the applicants would be at liberty to proceed further from the stage the inquiry
proceedings are fixed as on date", this Court is of the view that neither order
reserving review is found to be made nor any modification is required in the
order dated 27.03.2018 passed by this Court in WPS No. 2377 of 2018. As such,
this MCC is liable to be dismissed.
5. Accordingly, the MCC fails and is hereby dismissed.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Amit/-
AMIT Digitally signed
by AMIT KUMAR
KUMAR DUBEY
Date: 2025.02.18
DUBEY 17:13:52 +0530
