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1 - 6 of 6 (0.47 seconds)Section 384 in The Indian Penal Code, 1860 [Entire Act]
Capt.M. Paul Anthony vs Bharat Gold Mines Ltd. & Anr on 30 March, 1999
sections 341 and 384 of the I.P.C.is for the purpose of determining
whether the allegations of extortion of money from the truck drivers are
proved, whereas, in the departmental inquiry it is to be seen whether
the appellant-petitioner has made correct entries in the General Diary or
not. The learned Single Judge has also noted that though there may be
some common witnesses, however, the nature of allegations and the
trial of both the proceedings do not suggest that any prejudice would be
caused to the appellant-petitioner if both the proceedings are conducted
simultaneously. The judgment relied on by the appellant-petitioner in
the case of M.Paul Anthony Vs. Bharat God Mines Ltd. and another1
was also distinguished by the learned Single Judge on the aforesaid
facts.
M/S Stanzen Toyotetsu India P.Ltd vs Girish V & Ors on 21 January, 2014
In the case of Stanzen Toyotetsu India Private Limited
Vs. Girish V. and others2,the Hon'ble Supreme Court has held that
there is no bar in conducting the disciplinary proceedings and criminal
trial simultaneously. A perusal of the charge-sheet further shows that
the allegation against the appellant-petitioner was for erroneously and
incorrectly making entries in the Rojnamcha at around 11.30 P.M.on
the date of incident with an object to create defense for the criminal
case. It is fairly well settled that the approach and objective in
criminal proceedings and the disciplinary proceedings are altogether
distinct and different. In the disciplinary proceedings, the primary
1
(1993) 3 SCC 679
2
(2014) 3 SCC 636
Lalit Popli vs Canara Bank & Ors on 18 February, 2003
question is whether an employee is guilty of such conduct as would
merit action against him, whereas, in criminal proceedings the question
is whether the offence registered against him are established and, if
established, what sentence should be imposed upon him. The standard
of proof, the mode of enquiry and the rule governing the enquiry and
trial are conceptually different. (See:Lalit Popli Vs. Canara Bank and
others)3.
Article 226 in Constitution of India [Constitution]
1