Capt.M. Paul Anthony vs Bharat Gold Mines Ltd. & Anr on 30 March, 1999
8. We have gone through the pleadings and have also
perused all the decisions produced by the learned counsels
of both the parties. We have no hesitation in concluding that
there need not be any intervention from our side in this
matter at this stage, on any of the grounds raised by the
applicant in these two OAs. Coming to the first OA, the
principles governing situations where a simultaneous inquiry
is not desirable, are by now, well established. Hon'ble
Supreme Court, in the case of Capt. M. Paul Anthony vs.
Bharat Gold Mines Ltd. & Another (supra), made it very clear
that a disciplinary inquiry needs to be stopped when there
are identical charges, complex issues of laws and facts and
where the charged employee is likely to be prejudiced in
defending himself before a criminal court because of
revealing his defense in a simultaneous disciplinary
(OA 198/2014 & OA 405-2014)
(8)
proceeding. This decision (Capt.