Dr. Anand C.J.

With the consent of the learned counsel for the parties, the main writ appeal is taken up for hearing.

2. The appeal is directed against the order of the learned single Judge in Writ Petition No. 12577 of 1989 decided on September 19, 1989.

3. In short facts giving rise to the filling of the writ petition were that the second respondent-Corporation lodged a complaint to the Police for offences under Sections 408, 409, 420, 468 and 471 of the Indian Penal code against one P. Kothandapani and Deputy Manager (Traffic), Cheran Transport Corporation, Comimbatore. The appellant was the Deputy Manager (Traffic) at the relevant time. He was placed under suspension. The Department also started disciplinary proceedings against the appellant. Relying upon the judgment reported in Kusheshwar v. Bharat Coking Coal Ltd. (1988-II-LLJ-40) the appellant filed a writ petition seeking a direction to restrain the departmental authorities from proceeding with the disciplinary proceedings during the pendency of the criminal proceedings against him. The learned single Judge found that at that stage it could not be said whether the criminal action and the disciplinary proceedings h