G. B. PATNAIK, J.

( 1 ) THIS case has been referred to the Full Bench as a Bench of this Court doubted the correctness of the Bench decision of this Court in the case of Agadhu Charan Giri v. Commercial Manager, Indian Airlines, Calcutta (1985) 2 Orissa LR 513, on the question whether an order of acquittal passed in a criminal case debars a departmental inquiry on the self-same charges or not. The doubt arose because of some observations made by the Supreme Courtin the case of Corpn. of the City of Nagpur, Civil Lines, Nagpur v. Ramachandra G. Modak, AIR 1984 SC 626 : (1984 Lab IC 179 ).

( 2 ) THE brief facts are that the petitioner was appointed as a Clerk in the Bank of India on 27-12-1971 and was posted as Clerk-cum-Cashier at Berhampur between the period 24-12-1975 and 4-1-1979. During the said period, he was tried in two criminal cases namely SPE 8 of 1978 and SPE 10 of 1978 on the allegations that he committed certain forgery and manipulated certain documents which facilitated one Shri N. P. Singh Samanta to withdraw certain amount from the Bank. The petitioner in both these cases was convicted by the learned Trial Judge and was sentenced to undergo rigorous imprisonment fo