The opposite party filed a suit before the trial companyrt for declaration that appointment of the Enquiry Officer was illegal and for restraining the petitioners permanently from companytinuing with the departmental proceeding during the pendency of the criminal case.
1 moved the High Court in its revisional jurisdiction.
1 against the order of learned Munsif was dismissed on 31st March, 1987, by the appellate companyrt.
Since the disciplinary proceeding as also the criminal trial were taken simultaneously, the appellant filed a civil action in the companyrt of Munsif at Dhanbad asking for injunction against the disciplinary action PG NO 823 pending criminal trial.
The High Court by its order dated 7.7.1987 held First information report was lodged against the opposite party appellant and the same was pending before the companypetent companyrt.
The appeal of the Respondent No.
3129of 1988 From the Judgment and Order dated 7.7.1987 of the Patna High Court in Civil Revision No.
Thereupon the Respondent No.
128 of 1987 R .
CIVIL APPELLATE JURISDICTION Civil Appeal No.
K. Jain, Rakesh K. Khanna and R.P. Singh for the Appellant.
On the allegation that he physically assaulted a supervising officer by name S.K. Mandal, he was subjected to disciplinary proceedings as also a criminal prosecution.
That was allowed by the trial companyrt and companyfirmed by the lower companyrt.
N. Sachthey and Anip Sachthey for the Respondents.
On 6.12.1986, the Munsif made an order staying further proceedings in the disciplinary action till disposal of the criminal case.
Meanwhile the petitioners respondents started departmental proceeding against the opposite party.
The following Order of the Court was delivered ORDER Special leave granted.
1 and in 1986 was working as an electrical helper.
The appellant is an employee in the Balihari Colliery of the Respondent No.
