Acquittal in a criminal case based on the same set of facts renders the order of dismissal from a departmental proceeding unjustified.

M.Y.Eqbal, J.

1. In this writ application the petitioner has prayed for issuance of an appropriate writ in the nature of certiorari for quashing the award dated 30.6.98 passed by the Presiding Officer, Central Govt. Industrial No. 2, Dhanbad in Reference case No. 77/94 published in 4/98 the gazette by notification dated 10.7.98 whereby the petitioner-management has been directed to reinstate the workman in service with the benefit of continuation in service for the purpose of granting increment and other benefits.

2. It appears that the Govt. of India, Ministry of Labour, in exercise of powers conferred on them under section 10 (1) (d) of the Industrial Disputes Act, 1947, referred the following dispute to the Central Govt. Industrial Tribunal No. 2, Dhanbad for adjudication :

"Whether the action of the management of United Commercial Bank, Patna in dismissing Shri Shambhu Sharan Singh, clerk-cum- typist from service with effect from 9.8.86 is justified? If not, what relief is the workman entitled to."

3. The case of the workman is that he was appointed as clerk-cum-typist in the Bank on being selected in an interview in the year, 1978 and joined at Bermo Branch of the Bank in the District of Giridih in October, 1978. As he was working in the said Branch a customer, namely, Meghraj Singh developed a grudge against him and came to Bermo Branch on 26.4.84 and deposited a sum of Rs.1000/- in his account and also got the entries in his pass book. Subsequently the said customer, Meghraj Singh filed a complaint with the Manager of the Bank in writing against withdrawal of Rs.5000/- from his account and also lodged a F.I.R. with Bermo police station alleging fraudulent withdrawal of amount from his account, On complaint being lodged by Meghraj Singh the management issued a charge sheet to the workman and also placed him under suspension on 12.6.84. The management also prepared a supplementary chargesheet and, thereafter, lodged FIR to the police station on 2.1.85. The workman submitted his reply to the chargesheet denying the aliegation levelled therein. While he was under suspension two criminal cases/trials started against him in the court of Subdivisional Judicial Magistrate, Bermo at Tenughat. The management also initiated a departmental inquiry against the workman for the same charges. Inquiry officer was appointed and the workman was directed to appear before him but the workman opposed holding of the departmental inquiry by raising a preliminary objection and requested the Inquiry Officer to keep the domestic inquiry in abeyance pending conclusion of the criminal trials. The said request was refused by the Inquiry Officer and the enquiry proceeded ex parte against the workman. The Inquiry Officer subsequently submitted his inquiry report and found the workman guilty of the charges. Accordingly, the management issued a letter dated 28.6.86 to the workman proposing punishment of dismissal from service. The said proposal of punishment was vehementally opposed by the workman but despite that the Divisional Manager of the Bank passed final order of dismissal from service with effect from 9.8.86 against the workman.

Further case of the workman is that the criminal cases lodged against him were concluded and he was not found guilty and was acquitted of the charges by the judgment dated 9.3.89 and 31.5.89 respectively. Subsequent to the judgment the workman submitted a representation to the concerned respondents in November, 1989 praying for his reinstatement in service of the Bank. The Zonal Manager of the Bank at Patna, finally informed the workman on 28.1.92 that the decision of dismissal would stand. Ultimately the aforesaid industrial dispute was raised before the Assistant Labour Commissioner on 4.8.93 who held conciliation proceeding on different dates and finally submitted his failure report to the Govt. which resulted in the reference of the dispute to the tribunal.

4. The case of the management on the other hand is t