JUDGMENT:-Special leave granted.

2. The appellant is an employee in the Balihari Colliery of the Respondent No. 1 and in 1986 was working as an electrical helper. On the allegation that he physically assaulted a supervising officer by name S. K. Mandal, he was subjected to disciplinary proceedings as also a criminal prosecution. Since the disciplinary proceeding as also the criminal trial were taken simultaneously, the appellant filed a civil action in the court of Munsif at Dhanbad asking for injunction against the disciplinary action pending criminal trial. On 6-12-1986, the Munsif made an order staying further proceedings in the disciplinary action till disposal of the criminal case. The appeal of the Respondent No. 1 against the order of learned Munsif was dismissed on 31st March, 1987, by the appellate court. Thereupon the Respondent No. 1 moved the High Court in its revisional jurisdiction. The High Court by its order dated 7-7-1987 held :

"First information report was lodged against the opposite party (appellant) and the same was pending before the competent court. Meanwhile the petitioners (respondents) started departmental proceeding against the opposite party. The opposite