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atish drolia   10 October 2018

criminal and departmental proceeding

I was suspended from canara bank on 30.11.13 on charges of fraud. bank initiated departmental enquiry. for was lodged against me on 13.04.2015. till the date departmental enquiry was not completed. on 04.07.2015 during enquiry conducted at circle office meerut I was present and was arresteb by police and sent to jail. since then I was in jail till 20.08.2018. on 01.11.2017 bank revoked my suspension and ordered to report for duty upon coming out on bail. in sep 2017 i moved a 319 application in trail court which was rejected. I went to district court and filed revision of 319 which was accepted rejecting the entire grounds on which it was rejected by trail court on 28.02.2018 and directed the trail court to 're hear the application. I got bail from allahabad high court on 09.08.18 and joined duty on 23.08.2018. after joining bank has started the departmental proceedings again stating the reason that enquiry is not complete and they tried to conduct the enquiry while I was in jail with due permission from jail authorities and court order but the same could not have happened. bank never approaches jail authorities not moved any application in court
regarding conducting of enquiry in jail . my query is whether departmental enquiry can be conducted at this point of time when trail court is taking acknowledgement of 319 application against 2 managers. dept Enq may affect trail court decision. whether at this point of time for same cause of action dept Enq proceedings and trail court proceedings can run simultaneously. can dept Enq proceedings can be stopped till the judgement of lower court. if any ruling regarding this type of case is available. please help me. thanks


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 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 October 2018

Sir, 

 

Both are separate proceedings and can go simentanously . 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

 


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