Disciplinary Proceedings IX

Posted on by Rudrajyoti Nath Ray

P. Zadenga was employed in State Bank of India, Dawrpui Branch, Aizawl. He was a delinquent employee and contended, disciplinary proceedings should be either dropped or closed since criminal cases, arising from same set of transactions, were pending.

It may be desirable or, in certain circumstances, advisable for disciplinary proceedings to be stayed when criminal proceedings are ongoing. However, a stay is not “a matter of course” and is only to be given after consideration of all factors.

We reiterate, ‘completion of trial’ must be construed as ‘completion in reasonable time’ [State Bank of India v. Neelam Nag, (2016) 9 SCC 49]. In instant case, trial is nowhere nearing completion. There would not be an ‘automatic stay’ unless, of course, a complicated question of law is involved.

– Hon’ble Justice Sanjay Karol, State Bank of India v. P. Zadenga, [Civil Appeal No. 2518 of 2012].

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.