1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.A.(MD)No.697 of 2011 The Senior Divisional Manager, Disciplinary Authority, Life Insurance Corporation of India, Tirunelveli Division P.B.No.183, Jeevan Prakash, Tirunelveli 627 002. ..Appellant Vs. M.Berchmans ...Respondent Prayer: The Writ Appeal is filed under Clause 15 of Letters Patent Act, against the order of this Court dated 03.04.2007 in W.P.(MD)No.1907 of 2007. For Appellant : Mr.G.Prabhu Rajadurai For Respondent : Ms.Jessimathul Fathima JUDGMENT (Judgment of the Court was delivered by P.JYOTHIMANI,J.) This Writ appeal is directed against the order of the learned Single Judge made in W.P.(MD)No.1907 of 2007 dated 03.04.2007. 2.A departmental proceedings has been initiated against the respondent herein, framing the charge memo, dated 22.01.2005, to the effect that he has misappropriated certain amounts. In respect of the said misappropriation, criminal prosecution has also been launched against the respondent. However, in the disciplinary proceedings, after the charge memo was issued in January 2005, Enquiry Officer was appointed and it is stated that the respondent has participated in the enquiry and it has come to an end by filing a report by the Enquiry Officer to the Disciplinary Authority on 06.03.2007 itself. 3.It is no doubt true that the criminal prosecution launched against the respondent is still pending. After the Enquiry Officer’s report was filed, the respondent appears to have filed a Writ petition in W.P.(MD)No.1907 of 2007 for a direction to defer the departmental proceedings based on the charge memo dated 22.01.2005 till the conclusion of the Trial. 4.The learned Single Judge has relied on a judgment of a Division Bench of this Court in Indian Overseas Bank and another Vs. P.Ganesan and four others reported in 2006(1) LW 466, wherein, it was held that on the similar facts, when departmental proceedings as well as criminal https://hcservices.ecourts.gov.in/hcservices/ 2 prosecutions are launched, the departmental proceedings are to be deferred, till the criminal case comes to an end. The purpose of such decision is that before the conclusion of the criminal prosecution, the delinquent shall not be permitted to reveal his defense, which will ultimately affect his right in the criminal case, which has got bearing on Article 21 of the Constitution of India. 5.But, on the facts of the present case, admittedly, the respondent has already revealed his defense in the disciplinary proceedings and the disciplinary proceedings has already concluded. Law is also well settled that the criminal case as well as disciplinary proceedings are the parallel proceedings and one is not depending upon the other. Even by the judgment of the Division Bench, what was stated was that only to defer the disciplinary proceedings, till the criminal proceedings is over. On the facts of the present case, inasmuch as, the disciplinary proceedings has already been concluded, there is no question of deferring the disciplinary proceeding based on the criminal prosecution. 6.In such view of the matter, we are of the view that the decision taken by the learned Single Judge in deferring the disciplinary proceeding till the criminal case is concluded cannot be accepted. Therefore, the order of the learned Single Judge stands set aside and the Writ Appeal stands allowed. If the 2nd show cause notice has already been issued to the respondent, it is open to him to submit his reply in which event, considering the contention of the reply, it is for the appellant to pass appropriate orders on merits and in accordance with law. No costs. nbj Sd/- Assistant Registrar[T&P] /True copy/ Sub Assistant Registrar To The Senior Divisional Manager, Disciplinary Authority, Life Insurance Corporation of India, Tirunelveli Division P.B.No.183, Jeevan Prakash, Tirunelveli 627 002. +1 cc to M/s.Jessimathul Fathima, Advocate SR.No.28967. W.A.(MD)No.697 of 2011 Dated:24/08/2011 2P/3C RPB 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/