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december 2004

Supreme Court of India · 2004-12-09

HINDUSTAN PETROLEUM CORPN. LTD. vs SARVESH BERRY

Citation / case number
SC 2003/23229
Court
Supreme Court of India
Petitioner
HINDUSTAN PETROLEUM CORPN. LTD.
Respondent
SARVESH BERRY
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT & S.H. KAPADIA

Judgment text excerpt

The Supreme Court held that there is no legal bar to the simultaneous continuation of departmental proceedings and criminal cases, even if they arise from similar facts, as established in Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd. (1999 (3) SCC 679). The Court emphasized that the employer's interest in maintaining discipline and integrity in service justifies the continuation of departmental proceedings. The High Court's decision to stay the departmental proceedings until the conclusion of the criminal case was set aside, allowing the employer to proceed with the disciplinary action.

HINDUSTAN PETROLEUM CORPN. LTD. vs SARVESH BERRY · Niyam