2015 (4) TMI 1357

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....e Prevention of Corruption Act, 1988, the bank does not wish to post the petitioner even at a distant branch from the one involving the incident. The bank says that it has no confidence in the petitioner and cannot entrust any duties to the petitioner in such circumstances. As noticed in the previous order of March 25, 2015, this is the second petition complaining of the indefinite suspension of the petitioner. No disciplinary proceedings have been instituted against the petitioner, presumably since the charges that may be levelled against the petitioner are the subject matter of the criminal complaint. On August 20, 2014 a complaint was lodged against the petitioner before the Mogra Police Station by a constituent of the bank who had....

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....d currency notes given by the complainant to the petitioner were recovered from him, there was no mitigating factor for revoking the order of suspension. The appellate authority held that the reputation of the bank had been tarnished on account of the petitioner. The petitioner refers to a recent judgment of the Supreme Court delivered on February 16, 2015 in Civil Appeal no. 1912 of 2015 (Ajay Kumar Choudhary vs. Union of India) where the court had the occasion to go into the desirability of an indefinite order of suspension. The court held that since the provisions of the Criminal Procedure Code permit an accused detained for a period of 90 days to be enlarged on bail if the investigation is not completed by then, the currency of a sus....

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....ed as such. However self-righteous and indignated the employer may feel, it would be arbitrary and unreasonable to subject an employee to an indefinite period of suspension over a criminal trial that the employee or the employer may not be able to control. In such a situation, the employer has the right to transfer the employee to such a post where the employee may not have any opportunity to influence any witness or tamper with any evidence that may be used against him in the criminal trial; but the employer cannot say that its doors would be shut on the concerned employee merely because a criminal charge has been brought against the employee. The indefinite period of suspension in case of the petitioner must end with immediate effect. ....