ORDER :- The present Interlocutory Application has been preferred by the appellant Tribhuwan Prasad Singh for stay/suspension of operation of conviction order dated 12-3-2007 passed by Shri V. S. Singh, Special Judge, C. B. I.-cum-13th Addl. Sessions Judge, Dhanbad in R. C. Case No. 16-A/1986-D whereby and whereunder the appellant was held guilty of the charges under Sections 409/447-A, I. P. C. as also under Section 5(2) r/w Section 5(i)(c) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for two years each under Sections 409 and 477-A, I. P. C. and further sentenced to undergo 1 year rigorous imprisonment and fine of Rs. 500/- under Sections 5(2) r/w 5(i)(c) of Prevention of Corruption Act, 1988 with default stipulation to undergo simple imprisonment for three months. The provisional bail granted to the petitioner by the trial Court after his conviction and sentence was confirmed on 9-4-2007 during the pendency of this appeal.

2. The learned Counsel submitted that after the impugned order of conviction and sentence the B. C. C. L., hereinafter referred to as the employer issued suspension order cum charge-sheet vide No. 378 dated 28th March, 2007 against the petitioner calling upon to submit his written explanation as to why not disciplinary action be taken against him for his conviction and sentence under Sections 409/477-A, I. P. C. and under the provisions of P. C. Act which was a misconduct under Rules 26.1.19 and prescribes punishment (Annexure-1) and by the said letter he was put under suspension.

3. Mr. A. Allam with reference to Annexure-2 of the Interlocutory Application submitted that by the office order dated 6-4-2007 Shri S. Bhushan, Sr. Personnel Officer was appointed as Enquiry Officer to conduct the enquiry into the charges as framed against the petitioner (Annexure-1) and Shri K. N. Ambastha, P. M. (Admn.), Katras Area, was appointed as presenting officer to represent the case before the Enquiry Officer.

4. With reference to Annexure-3, the learned Counsel Mr. Allam further pointed out that a charge-sheet vide reference No. IV/P. D./7608 dated 6-9-86 was issued against the petitioner earlier from the office of G. M., Katras Area, B. C. C. L. in respect of double payment to 19 workers of their L. T. C. bills incurring loss of Rs. 30594/- to the management of B. C. C. L. and his indulgence in fraud and dishonest practice besides other charges and the petitioner was held guilty in such enquiry and maximum punishment of dismissal from the job was awarded to him. He preferred mercy petition before the higher authorities of B. C. C. L. against the order of dismissal which was ultimately allowed vide letter dated 24-12-90 (Annexure-4) and the petitioner was directed to report for duties to the General Manager, Katras Area without any condition whatsoever pending criminal prosecution before the Special Court. Mr. Allam submitted that appellant was earlier punished by the Management in the departmental enquiry and thereafter he was reinstated unconditionally. In the facts and circumstances it was not proper for the management to initiate a fresh departmental enquiry for the same set of charges for which he was punished, dismissed and thereafter reinstated.

5. According to Mr. Allam the appellant has been convicted by the Special Judge, C. B. I. his further departmental proceeding is not sustainable as he cannot be punished twice for the same and similar charges and hence it is expedient for the ends of justice that the operation of the order of conviction of the appellant passed by the Special Judge be stayed till the disposal of the appeal.

6. Relying upon Navjot Singh Sidhu's case, reported in 2007 (2) Eastern Criminal Cases 32 : (AIR 2007 SC 1003). Mr. Allam contended that the appellant in that case had sought stay of the order of conviction passed against him by the High Court on the ground that he was a sitting Member of Parliament on the date of his conviction and though he had not i

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