Chandan Kumar v. North Bihar Power Distribution Company Ltd. , through its Managing Director
2014-09-05
AMARESH KUMAR LAL, I.A.ANSARI
body2014
DigiLaw.ai
ORDER I.A. ANSARI, J. By a writ petition, made under Article 226 of the Constitution of India, which gave rise to CWJC No. 6605 of 2014, the writ petitioner-appellant had put to challenge the Resolution, contained in Memo No. 281, dated 01.07.2013, issued under the signature of Deputy General Manager (HR), North Bihar Power Distribution Company Limited, Patna, initiating a disciplinary proceeding against the writ petitioner-appellant on charges contained in Memo No. 281, dated 01.07.2013 aforementioned. By the writ petition, so filed, an alternative prayer, made by the writ petitioner-appellant, was to issue a writ commanding the respondents to keep the disciplinary proceeding in abeyance till disposal of the criminal case, which was pending in the Vigilance Court, on the same set of facts on which the disciplinary proceeding had been ordered. Yet another relief, which the writ petitioner-appellant, had sought for, in the writ petition, was to issue a direction to the respondents to pay subsistence allowance to the writ petitioner-appellant, who had been placed under suspension. 2. While passing the impugned order, dated 04.04.2014, disposing of the writ petition, the learned single Judge has issued direction for payment of subsistence allowance to the writ petitioner-appellant, but having found no reason to infer with the issuance of charge-sheet nor any reason having been found to issue direction to keep, in abeyance, the disciplinary proceeding till disposal of the criminal case, the learned single Judge has not interfered with the disciplinary proceeding. 3. Aggrieved by the order, dated 04.04.2014, aforementioned, this appeal has been preferred. 4. We have heard Sri Ajay Kumar Thakur, learned Counsel for the appellant, and Mr. Vinay Kriti Singh, learned Counsel for the respondents. 5. On considering the present appeal, we do not find that in the context of the facts of the present case, the learned single Judge has fallen in error in not quashing the disciplinary proceeding, which has been initiated against the writ petitioner-appellant, and/or in declining to direct that the disciplinary proceeding be kept in abeyance till the disposal of the criminal case inasmuch as we notice that the allegations, which have been made against the writ petitioner-appellant, are not complex in nature and, hence, no prejudice would be caused to the writ petitioner-appellant if the disciplinary proceeding is allowed to continue. 6.
6. As regards the contention of the writ petitioner-appellant that no disciplinary proceeding could have been initiated, suffice it to point out that on submission of charge sheet against the appellant, a criminal case has already been registered against the petitioner-appellant and, hence, the disciplinary proceeding cannot be said to be devoid of any material. 7. Situated thus, we find no reason to interfere with the impugned order disposing of the writ petition. We may, however, hasten to add that the observations, which have been made by us in the preceding paragraphs of this appeal and/or by the learned single Judge in the order impugned in this appeal, shall not be taken to have been made on the merit of the petitioner-appellant’s case and, hence, it would remain open to the writ petitioner-appellant to satisfy the enquiring authority or disciplinary authority that the charges, levelled against him, are not sustainable or have not been sustained by the materials, which may be produced during the disciplinary proceeding. 8. We also make it clear that what has been decided, in the writ petition and by us, in this appeal, are merely the questions as to whether a disciplinary proceeding could have been initiated against the writ petitioner-appellant and/or whether the criminal proceeding ought to have been kept in abeyance till disposal of the criminal case; but as far as the merit of the case, lodged against the writ petitioner-appellant, or the merit of the disciplinary proceeding, drawn against the writ petitioner-appellant, is concerned, we express no opinion. 9. With the above observations and directions, this appeal shall stand disposed of.