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december 2004

Supreme Court of India · 2004-12-09

Hindustan Petroleum Corporation Ltd. & ... vs Sarvesh Berry

Citation / case number
AIR 2005 SUPREME COURT 1406
Court
Supreme Court of India
Petitioner
Hindustan Petroleum Corporation Ltd. & ...
Respondent
Sarvesh Berry
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that departmental proceedings can continue simultaneously with criminal proceedings, as established in Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd. (1999 (3) SCC 679). The Court found that the High Court erred in staying the departmental proceedings based on the premise that the issues were identical, emphasizing that charges related to misconduct in property returns are distinct from criminal charges under Section 13(2) and Section 13(1)(e) of the Prevention of Corruption Act. The Court reinstated the legality of the departmental proceedings, allowing them to proceed irrespective of the criminal case's status.

Hindustan Petroleum Corporation Ltd. & ... vs Sarvesh Berry · Niyam