1. The only question involved in the present writ petition is that whether during pendency of prosecution, the departmental proceedings can be stayed or not?

2. The brief facts giving rise to the present petition are that:

3. The petitioner was serving as unarmed Police Constable with the respondent authorities. He was having Saving Account having Number 01190020686 in the State Bank of Saurashtra and he had availed the facility of ATM Card. It is the case of the petitioner that on 08.03.2003, the ATM card was lost and accordingly vide communication dated 08.03.2003, he immediately informed the bank regarding loss of ATM Card. An amount to the tune of Rs.36,900/-was withdrawn by some one on 11.03.2003 from Rajkot and Ahmedabad though the bank balance of the petitioner on 08.03.2003 was only Rs.2426.40 paisa in his account. The departmental proceedings were instituted vide charge sheet dated 04.12.2003 for the charges alleged therein that without permission of his higher Officer, the petitioner had remained absent unauthorisedly and during that period, he had withdrawn aforesaid amount by his ATM Card unauthorisedly.

4. Learned advocate Mr. Nirav Thakkar appearing on behalf o