Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 19 50-Art. 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950 - Art. 226 - Writ petition seeking stay of disciplinary proceedings, pending criminal proceedings - Allowed by High Court - Held: Departmental proceedings pending a criminal proceeding do not warrant automatic stay-Superior Courts before exercising discretionary jurisdiction in this regard must consider whether charges as also evidence in both proceedings are common and as to whether any complicated question of law is involved in the matter - Also discretionary jurisdiction should be exercised keeping in view conduct of parties - On facts, there were additional charges against delinquent employees besides charges of damaging bank property which was not subject matter of allegations in the criminal case - Furthermore, disciplinary proceedings had proceeded to a great extent - In such a situation, discretionary jurisdiction should not have been exercised in favour of delinquent employees by High Court - Service Law - Stay of disciplinary proceedings pending criminal proceedings.Respondent nos.1 to 4, office bearers of an employee association operating in the appellant-bank, allegedly assaulted respondent no.5, President of another rival association, and also caused damage to bank property. Criminal proceedings were initiated against respondent nos. 1 to 4. Besides, appellant-bank initiated disciplinary proceedings against respondent nos. 1 to 4. They filed a writ petition before the High Court, which deferred the departmental proceedings against respondent Nos. 1 to 4 till conclusion of their criminal trial. In the instant appeal filed by the bank, it was contended for the appellant that the High Court committed a serious error in staying the departmental enquiry proceedings as the same had proceeded to a great extent. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1181 |
Petitioner | Indian Overseas Bank, Anna Salai And Anr. |
Respondent | P. Ganesan And Ors. |
SCR | [2007] 12 S.C.R. 474 |
Judgement Date | 2007-11-23 |
Case Number | 5369 |
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