IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15133 of 2005 HARENDRA SINGH Versus BHOJPUR ROHTAS GRAMIN BANK &OR ----------- 6 24.07.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has certain objections and grievances against order dated 8.7.1995, by virtue of which the respondent Bhojpur Rohtas Gramin Bank, which has acquired a new entity as Madhya Bihar Gramin Bank, decided to revoke the order of suspension against the petitioner but reserving the right of initiating a departmental inquiry against him as and when the respondents think fit and proper. The second part of the order is with regard to a direction to the petitioner to make a fix deposit of Rs. 22,700/- and make it available to the head office as this is the amount supposedly embezzled by the petitioner. Merely because a criminal case has been instituted against the petitioner, which is still pending for final decision, it does not bar a management or an employer to also take action against the employee departmentally. If the respondents have reserved their right to initiate a proceeding at an appropriate time, they 2 cannot be prevented from doing so as there is nothing unreasonable about the same. Even, otherwise, the condition indicated in Annexure – 1 does not take away the effect of revocation of suspension of the petitioner and the challenge made is premature in the opinion of this Court. In so far as the direction of making available a fix deposit is concerned, it is categorically stated by the respondents in their counter affidavit that this was a condition precedent to the order of revocation of suspension to which the petitioner had readily accepted and now having acquired a benefit cannot be allowed to turn away from the same. In the opinion of this Court the challenge made to Annexure – 1 dated 8.7.1995 in relation to the above two issues is both premature and misplaced. For the reasons indicated in the earlier part of the order. This Writ Application has no merit, it is dismissed accordingly. Rajeev/ (Ajay Kumar Tripathi, J.)