Hon’ble V.C. Misra, J.—Heard Sri C.K. Parekh, learned counsel for the petitioner and Sri V.B. Singh, Senior Advocate assisted by Ms. Kirtika Singh and Mr. U.P. Singh, learned Advocates for the respondents-Bank. On the joint request of learned counsel for the parties this writ petition is being heard and disposed off finally at the admission stage itself in terms of the provisions of Chapter XXII, Rule 2 of the Rules of Court, 1952.

2. This writ petition has been filed for issuance of a direction in the nature of mandamus directing the respondents not to proceed with the departmental enquiry in pursuance to the order/charge sheet dated 3.1.2004 (Annexure 7 to the writ petition) as well as notice in respect with preliminary departmental inquiry dated 7.1.2004 (Annexure 8 to the writ petition) until the final conclusion of the Criminal Case No. 6178 of 1985 pending in the Court of Chief Judicial Magistrate, Varanasi under Sections 420, 467, 468 of the Indian Penal Code arising out of Crime No. 106 of 1984 or impugned Charge sheet dated 3.1.2004 and the order dated 7.1.2004, Annexures 7 and 8 to the writ petition respectively be quashed.

3. Facts of the case in brief are that on a complaint made to the Bank Authorities by one Sri Shyam Narayan Maurya, a holder of the Saving Bank account in question against the petitioner who is a class IV employee of the respondent-Bank of Baroda in respect with fraudulent withdrawal of an amount of Rs. 1,99,000/- from his Saving Account No. 8774 on various occasions in cash received by the petitioner or subordinate staff or transferred to the saving Bank Account No. 8950 which is standing in the name of Smt. Phulwasi Devi wife of Ram Shankar Kushwaha. On the aforesaid complaint, respondent No. 1 Manager, Branch Nichi Bagh, Bank of Baroda, Varanasi lodged a first information report dated 30.6.1984 against the petitioner Rama Shankar Kushwaha and others upon which case crime No. 106 of 1984 under Sections 420, 467 and 468 of the Indian Penal Code was registered at police station chowk District Varanasi.

4. On the basis of the said first information report the petitioner was suspended by respondent No. 2 Assistant Regional Manager, Bank of Baroda Regional Office Lanka, Varanasi on 2.4.1984. Sri Shyam Narayan Maurya filed Civil Suit No. 430 of 1984 (Shyam Narain Maurya v. Bank of Baroda & others). After completion of the investigation, the Police submitted charge sheet on 30.3.1985 against the petitioner, his wife Smt. Phulwasi Devi and others in the court of Chief Judicial Magistrate, Varanasi upon which a criminal case No. 6178 of 1985 has been registered. The criminal case remained pending and after lapse of about ten years on 13.5.1991 the suspension order of the petitioner was revoked by the respondents Bank on the ground that since Bank had to pay the full salary to the petitioner in terms of Bipartite Settlement dated 11th June, 2000 as per the partial modification of paragraph 557 of the Shastry Award and paragraph 17.14 of the Desai Award (copy of which has been filed as Annexure 1 to the counter affidavit) because if suspension continued beyond a period of one year the employee became entitled for payment of full salary admissible to him and as such respondent Bank thought it to be more prudent to revoke the suspension order of the petitioner and take work from him since paying him full salary without taking any work from him was not in the interest of Bank and State Exchequer. It was also provided in the revocation order of the petitioner that the revocation of suspension shall be without prejudice to bank’s right to take departmental action or any action against the petitioner, if so deemed fit, prior/after criminal case is concluded (Annexure 5 to the writ petition). The said criminal proceedings are still continuing in pending criminal case No. 6178 of 1985 before the court of Chief Judicial Magistrate, Varanasi. It is contended that on 3.1.2004 the respondent-Bank issue