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K Narayana Prasad vs Central Board Of Indirect Taxes A& ... on 25 November, 2024 cites

Capt.M. Paul Anthony vs Bharat Gold Mines Ltd. & Anr on 30 March, 1999

M. Paul Anthony v. Bharat Gold Mines Ltd & Anr, this Tribunal observed that there is no legal bar to the conduct of disciplinary proceedings and a criminal trial simultaneously and accordingly, the OA was dismissed. We have also perused the subsequent orders of this Tribunal and nowhere, this Tribunal has granted stay of the disciplinary proceedings for an indefinite period pending the criminal proceedings on the same set of facts. The law laid down by the Hon'ble Supreme Court, as referred to supra, is also very clear that there is no bar to proceed with the departmental proceedings while the criminal proceedings are pending. More particularly, in the instant cases, the criminal proceedings against the applicants have been pending from 2017 onwards and on that pretext, the departmental proceedings have been stayed from 2021.
Supreme Court of India Cites 17 - Cited by 1683 - S S Ahmad - Full Document

State Of Rajasthan vs Shri B.K. Meena & Others on 27 September, 1996

Even the Central Vigilance Commission, New Delhi, vide Circular No. 08/07/2018 dated 31.07.2018 issued guidelines on the subject referring to the DOPT OMs dt. 01.08.2007 and 21.07.2016, relying upon the judgment of the Hon'bnle Supreme Court in State of Rajasthan vs. B.K. Meena & Ors. The DOPT also issued consolidated guidelines on the subject vide OM dt. 29.11.2022 reiterating the earlier instructions. It is not the case of the applicants that the OMs 25 of 27 OA 686/2022 & batch of the DOPT referred to above in the line to proceed with the departmental inquiry pending the criminal trial have been challenged before any Court.
Supreme Court of India Cites 6 - Cited by 588 - B P Reddy - Full Document

State Bank Of India vs P. Zadenga on 3 October, 2023

15. It is to be further noted that while considering the issue about the departmental proceedings pending the criminal trial on the basis of same facts and allegations, the Hon'ble Supreme Court in Civil Appeal No. 2518/2012 dt. 03.10.2023 in the matter of State Bank of India & Ors v. P. Zadenga, dealt with the question viz., whether is there any bar on continuing the departmental proceeding when the person subjected thereto is being tried before a criminal court for offences of the same origin. The Hon'ble Supreme court considered the position of law vis-à-vis the two proceedings of similar origin continuing simultaneously and the same is extracted hereunder:
Supreme Court of India Cites 9 - Cited by 0 - S Karol - Full Document

Binod Kumar Mandal vs South Eastern Coal Field Ltd. on 7 March, 2022

(vii) The respondents also relied upon the judgment of Hon'ble High Court of Madhya Pradesh at Jabalpur dt. 07.04.2022 passed in WA No. 324/2022 in the matter of Binod Kumar Mangal v. South Eastern Cold Fields Limited and also the judgment of the Hon'ble High Court of Rajasthan at Jaipur dt. 25.04.2022 in SB Civil Writ Petition No. 14042/2021 in support of their contention that there is no bar to proceed with departmental proceedings when the criminal proceedings are pending. The respondents also cited the order dt. 21.10.2021 pased by this Tribunal (Hyderabad Bench) in an identical case in OA 499/2018 wherein this Tribunal dismissed the OA. Thus, the respondents sought for dismissal of the OA.
Madhya Pradesh High Court Cites 12 - Cited by 2 - S Dwivedi - Full Document

Hindustan Petroleum Corporation Ltd. & ... vs Sarvesh Berry on 9 December, 2004

In the case of Hindustan Petroleum Corporation Ltd v. Sarvesh Berry [2004 (10) SCALE Page 340], it has been held in para 9 that "it is not desirable to lay down any guidelines as inflexible rules in which the departmental proceedings may or may not be stayed pending trial in criminal case against the delinquent officer. Each case requires to be considered in the backdrop of its own 24 of 27 OA 686/2022 & batch facts and circumstances. There would be no bar to proceed simultaneously with departmental inquiry and trial of a criminal case unless the charge in the criminal trial is of grave nature involving complicated questions of fact and law." The Apex court has referred to the conclusions given in Para 22 of Captain M. Paul Anthony‟s case.
Supreme Court of India Cites 5 - Cited by 159 - A Pasayat - Full Document
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