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(3) If after steps have been taken to prosecute an employee, or to get him prosecuted, for an offence , the management may then deal with him as if he had committed an act of "gross misconduct" or of "minor misconduct" as defined below;provided that if the authority which was to start the prosecution proceedings refuses to do so or comes to the conclusion that there is no case for prosecution. It shall be open to the management to proceed against the employee under the provisions set out below in sub paragraphs 9 and 10 infra relating to discharge, but he shall be deemed to have been on duty during the period of suspension if any and shall be entitled to the full wages and allowances and to all other privileges for such period. In the event of the management deciding, after enquiry, not to continue him in service, he shall be liable only for termination with three months' pay and allowances in lieu of notice as directed in sub-paragraph (2) supra. If within the pendency of the proceedings thus instituted he is put on trial such proceedings shall be stayed pending the completion of the trial, after which the provisions mentioned in sub-paragraphs(2) above shall apply.
(5) An employee found guilty of gross misconduct may ;
(a) be dismissed without notice, or
(b) be warned or censured, or have an adverse remark entered against him, or
(c) be fined, or
(d) have his increment stopped, or
(e) have his misconduct condoned and be merely discharged.
(6) By the expression "minor misconduct" shall be meant any of the following acts and omissions on the part of an employee
(a) absence without leave or overstaying sanctioned leave without sufficient grounds.

30. Broadly, the procedure laid down in para 521 of Sastry Award is common to the general principles applicable in the matter of disciplinary proceedings. However, there is a little bit distinction I find from a careful reading of the said paragraph. In a matter where employee is found to have committed an offence triable in a Court of law and for the same purposes a departmental enquiry is also to be conducted, where the act or omission on the part of the employee constitute an offence, para 521 (2) contemplates that Bank would take steps to prosecute him or get him prosecuted and if the employee is convicted, he may be dismissed with effect from the date of his conviction or may be given any lesser punishment as mentioned in sub para (5). Sub para (3) further contemplates, where trial is not commenced within a year of commission of offence, management may deal with the employee as if he has committed an act of "gross misconduct" or of "minor misconduct" as defined in sub para (4) and (6) and may proceed with the departmental enquiry, if it takes a decision to do so. However, if during pendency of disciplinary proceedings, the employee is put on trial, departmental proceedings shall be stayed pending completion of trial.

33. Ordinarily, what is pleaded by Bank is correct. In law, there is no bar for proceeding simultaneously for departmental as well as criminal matter but where a different and specific provision is made, binding on the employer and employee, laying down a particular procedure, the situation would be different.

34. Sub para (3) of Para 521 clearly contemplates that in respect to a matter constituting an offence, if the employee is not put on trial within a year of commission of the offence, management may then deal with as if the employee had committed an act of "gross misconduct" or "minor misconduct" and proceed accordingly but if during pendency of departmental proceedings the trial commences, the departmental proceeding shall be stayed. The discretion to proceed for disciplinary inquiry has been given to the employer but for the purpose of stay of departmental enquiry, the language is in mandatory form using the word "shall" leaving no discretion on the management of the Bank in such matter.