AI Drafter 
TaxTMI 
TaxTMI 
2004 (12) TMI 661
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....n Petroleum Corporation Ltd. (hereinafter referred to as the 'employer') is a Government of India enterprise. Officials of the Central Bureau of Investigation (in short the 'CBI') raided the house of the respondent (hereinafter referred to as the 'employee') on 13.3.1998 and found that he was in possession of assets disproportionate to his known sources of income and consequently a case was registered on 5.5.1998. After completion of investigation charge sheet was filed. In the meantime departmental proceedings were initiated against the respondent and charge sheet was issued. The employee filed a writ petition before the Andhra Pradesh High Court taking the stand that departmental proceedings should be stayed til....
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....es of income and the other two related to misconduct in (a) not filing correct property returns and/or (b) not filing return at all for some years as required under Rule 13(1)(c) of the Hindustan Petroleum Management Employees Conduct, Discipline and Appeal Rules, 1976 (in short the 'Rules'). The third charge related to failure of the respondent- employee to file property returns for the years 1991-92, 1994-95, 1995- 96, 1996-97 and 1997-98. The High Court stated that though the charges 2 and 3 related to non-disclosure or non-submission of property returns they are relatable to the first charge relating to possession of assets disproportionate to the known sources of income. It would not be safe to permit the appellants to continue....
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....t in some cases where departmental proceedings and criminal case are based on the same set of facts and the evidence in both the proceedings is common. It is in these cases, the Court has to decide, taking into account special features of the case, whether simultaneous continuance of both would be proper. The purpose of departmental enquiry and of prosecution is two different and distinct aspects. The criminal prosecution is launched for an offence for violation of a duty the offender owes to the society, or for breach of which law has provided that the offender shall make satisfaction to the public. So crime is an act of commission in violation of law or of omission of public duty. The departmental enquiry is to maintain discipline in the ....
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....n his defence at the trial in a criminal case. It is always a question of fact to be considered in each case depending on its own facts and circumstances. A three-judge Bench of this Court in Depot Manager, A.P. State Road Transport Corporation v. Mohd. Yousuf Miya and Ors. (1997 (2) SCC 699) analysed the legal position in great detail on the above lines. The aforesaid position was also noted in State of Rajasthan v. B.K. Meena (1996 (6) SCC 417). There can be no straight jacket formula as to in which case the departmental proceedings are to be stayed. There may be cases where the trial of the case gets prolonged by the dilatory method adopted by delinquent official. He cannot be permitted to, on one hand, prolong criminal case and....
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....e fact that the departmental proceedings cannot be unduly delayed. (v) If the criminal case does not proceed or its disposal is being unduly delayed, the departmental proceedings, even if they were stayed on account of the pendency of the criminal case, can be resumed and proceeded with so as to conclude them at an early date, so that if the employee is found not guilty his honour may be vindicated and in case he is found guilty, the administration may get rid of him at the earliest. It is to be noted that in cases involving Section 13 (1)(e) of the P.C. Act, the onus is on the accused to prove that the assets found were not disproportionate to the known sources of income. The expression 'known sources of income' is related to....