JUDGMENT :

SANJAY KAROL, J.

1. The instant lis presents two questions for consideration by this Court. They are:

(a) Does clause 4 of the Memorandum of Settlement dated 10th April 2002 create a bar on departmental proceedings continuing when the person subjected thereto is being tried before a criminal court for offences of the same origin?

(b) Does acquittal in some of the connected proceedings entail a benefit in the surviving proceedings? Further, inuring a right upon the delinquent employee of automatic discharge in disciplinary proceedings?

2. This appeal, by way of special leave, is directed against the final judgment and order dated 7th January 2009 passed in Writ Appeal No. 03/2006 by which the order passed in Writ Petition (Civil) No. 12 of 2005 dated 25th July 2005 allowing the appeal of the Respondent herein against the order of dismissal from bank services dated 28th March 2003 and the rejection of the departmental appeal vide order 16th August 2004, was allowed and the order of the Learned Single Judge confirmed.

Background

3. The facts of the instant dispute as they emanate from the record are:

3.1 The respondent namely P. Zadenga¹ [hereinafter referred to as “the delinq