Action on BARC staffer upheld

MUMBAI, AUG 1: Should departmental action on a certain criminal charge against a person be stayed simply because he is facing the same ch...

MUMBAI, AUG 1: Should departmental action on a certain criminal charge against a person be stayed simply because he is facing the same charges in a Criminal Court? The Bombay High Court does not think so, and in a recent judgement, rejected such an application by an assistant security officer with the Bhabha Atomic Research Centre BARC.

The division bench of Justice A V Sawant and Justice R J Kochar noted that while the Criminal Court might only hold the officer guilty of the theft of blank cheque leaves and forgery, the disciplinary proceedings concern the employer-employee relationship and is 8220;farther than the end of the criminal trial8221;. In the order given by Justice Kochar, it is noted that any doubt about the honesty and integrity of the employee shakes the employer-employee relationship. 8220;In the peculiar circumstances, it is more so. It can never be imagined even remotely that an officer who is in charge of the security of such a sensitive organisation can commit a theft of even a piece of papereven if belonging to an employee of the organisation or even a stranger visiting the organisation8221;.

The BARC has alleged that its employee Raghvanshi had used his position as a security personnel to move inside the cabins and steal two cheque leaves from two books belonging to one Kini, eight cheque leaves from the cheque book of one Ranjan and four cheque leaves from P A Chandrashekharan. He then allegedly forged the signatures of the three officers and utilised them for purchasing household and electronic goods for himself.

One of the officers had filed a police complaint and Raghvanshi is now facing prosecution before the Metropolitan Magistrate, 45th court, Kurla. He is also facing a departmental enquiry since a vigilant officer of the State Bank of India, BARC Branch, Trombay got suspicious about the signatures and had them clarified. On enquiry, all the officers disowned these signatures to be their own. The accused was then interrogated when he confessed.

The petitioner however denied thecharges levelled against him and rushed to the Central Administrative Tribunal seeking that the chargesheet be quashed claiming whatever he did was not connected with his duties as an employee, and therefore did not amount to misconduct for which a departmental enquiry should be held. He however did not press for this prayer and asked for a staying of the disciplinary proceedings pending the criminal trial. The Tribunal however rejected his application. Which is when he approached Bombay High Court.

In their judgement, the High Court bench considered the theft to be of a very serious nature. 8220;If such events take place within the compound walls of the organisation nothing would ever remain safe8221;, the order reads.

Justice Kochar also considered the possibility that the accused could retract from his confession in the criminal court. However, the documents could be used as a prima facie evidence in the departmental proceeding 8220;to get rid of the employee if the charges are finally established in thedisciplinary proceeding8221;.

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The bench upheld the Tribunal8217;s order where it has held that there is no legal bar to continue the disciplinary proceedings simultaneously with the criminal proceedings unless a 8220;very serious prejudice is shown8221;. The bench has also agreed with the Tribunal that since a criminal trial takes a longer time, 8220;if a disciplinary enquiry is stayed, it would cause a serious prejudice to the employer, especially in respect of the discipline and morale of the employees8221;. Also, keeping the employee suspended till the enquiry is completed and keep paying him 75 per cent of his salary, has been held to be 8220;an unproductive waste of public money8221;. The bench therefore held that the petitioner does not deserve the staying of the departmental proceedings and rejected the application.