Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Conduct of disciplinary proceedings and criminal trial |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Conduct of disciplinary proceedings and criminal trial simultaneously, based on same facts - No straight jacket formula - Court to keep in mind the broad approach to be adopted in such matters on case to case basis - Respondent, a Public Sector Bank employee committed embezzlement way back in May 2006 - Criminal complaint - Charge-sheet filed in 2007 - Trial of the criminal case, however, did not progress effectively over the years - Simultaneously appellant-Bank initiated departmental proceedings against the respondent - Division Bench of High Court stayed disciplinary proceedings against the respondent until the closure of recording of prosecution evidence in criminal case - Held: Pendency of criminal trial for around 10 years cannot be the sole basis to suspend disciplinary proceedings against the respondent for an indefinite period - However, arrangement made by High Court cannot be vacated straightaway - In the interest of justice, direction issued that criminal case pending against the respondent be decided within one year - Disciplinary proceedings to resume after expiry of one year. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2016 INSC 878 |
Petitioner | State Bank Of India & Ors. |
Respondent | Neelamnag |
SCR | [2016] 5 S.C.R. 278 |
Judgement Date | 2016-09-16 |
Case Number | 4715 |
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