The court may stay disciplinary proceedings pending the disposal of a criminal case if the facts and circumstances of the case warrant it.

V.P. Bhatnagar, J.—The petitioners are the employees of National Hydro Electric Power Corporation and were working in the Chamera Hydro Electric Project in the year 1989 They were elected as leaders of the Chamera Workers Employees Union registered under the Trade Union Act 1926. According to the allegations contained in the petition, the workers of the Project got highly agitated due to scarcity of water in Project Colony at Banikhet near Dalhousie for 5-6 days preceding June 29, 1989. Water was not available even to the hospital. The Union took up the matter with the management but in vain. This resulted in taking out of a procession by about 500 workers from the hospital compound to the Project Guest House around 6.30 p.m. on June 29, 1989. The General Manager of the Project and the S.D.M Dalhousie met the workers and assured that the water supply would be augmented. The demonstration was then called off. It remained peaceful and no untoward event took place It, is however, came to the knowledge of the petitioners that Shri Gopal Krishan Mahajan, Chief Engineer had lodged a false F.I.R. with the police resulting into the registration of a case against the petitioners under sections 379, 452, 147, 332, 427, 341, 148 and 506, I.P.C. and section 25 of the Indian Telegraph Act . A challan stands submitted in the Court of the Chief Judicial Magistrate, Chamba camp Dalhousie and the petitioners are being tried for having committed the above-mentioned offences. The petitioners were also placed under suspension through orders passed on 4th and 5th July, 1989 and disciplinary proceedings hive been initiated against them. The criminal case as also the disciplinary proceedings have arisen out of the same incident alleged to have taken place on June 29, 1989. The incident, as made out, is false and a result of sheer vindictiveness and unfair labour practice meant to numiliate, harass and demoralise the workers. Furthermore, the disciplinary proceedings are calculated to obstruct and interfere with the course of justice since a criminal case is pending in the court. A prayer has, therefore, been made in this petition for the stay of the departmental proceedings initiated by the respondents against the petitioners pursuant to charge-sheets annexed at P-8 to P-11. A prayer has also been made for quashing the departmental proceedings being violative of the provisions of Industrial Development (Standing Orders) Act, 1946 but this ground has not been pressed at the time of the arguments Thus, the only point which requires determination is whether the disciplinary proceedings should be stayed pending disposal of the criminal case.

2. The statement of Shri Gopal Krishan Mahajan, Chief Engineer which forms the basis of the F.I.R. lodged on June 29, 1989 has been annexed at P-3/1.It reads : "Stated that I am employed as Chief Engineer in Chamera Project since April 1987. Today the 29-6-1989 as usual I returned to my residence around 6.15 p.m. from my office after completing my duty and I had hardly unlaced my boots and put on the chappals, I got a phone from R.K. Singh Clerk Chamera Project asking me to come down to have a talk. On this I replied that since I was not feeling well, I would talk tomorrow, Thereafter at about 7.15 p. m. S.S. Dogra, leader of AITUC Workers and Employees Union, R.K. Singh, clerk, Chamera Project and Sukh Dev Security Guard, Shamsher, clerk F&A and Jai Kishan, mechanic, Chamera Project came and stood in verandah of my residence. I asked Dogra sahib what was the matter. All these five accused remained silent and with the motive of criminal intention to assault me started pouncing on me and with a push 1 was thrown in verandah. I was lifted by my son, daughter and wife and they took me inside the house. All the accused disconnected the wire of telephone and light. After hearing the notice S/Shri Joginder Singh, Sr. Manager P&A, Chamera Project, A. Ramamurthy, Chief Finance and S.K. Dedeja, Sr. Manager E&T reached