Capt.M. Paul Anthony vs Bharat Gold Mines Ltd. & Anr on 30 March, 1999
13. Learned counsel for the first respondent, by drawing our
attention to the decision of the Supreme Court (1999) 3 SCC 679 (M.PAUL
ANTHONY Vs. BHARAT GOLD MINES LTD.), would submit that since the charge memo
is based on the criminal proceedings, in view of the acquittal by the orders
of the learned Magistrate, the Department is not entitled to proceed further
and the Tribunal is fully justified in interfering even at the stage of the
charge memo. In the light of the said contention, we have gone through the
factual details available in that case. Though it is brought to our notice
that the facts and evidence in department as well as in criminal proceedings
were the same, without there being any iota of difference as in Paul Anthony's
case as pointed out above, there was no decision by the criminal Court on
merits. Hence, we are of the view that the decision relied on by the learned
counsel for the first respondent is not helpful to his stand.