SAMUDRAPU SOMALAPPADU Vs. NELLIMERLA JUTE MILLS COMPANY LIMITED

JUDGEMENT

(1.) Heard. The Courts invariably follow the rule of prudence of ordering stay of departmental proceeding, if on the allegations constituting the charges for the enquiry, any criminal charge is pending in a Court of law. Learned Single Judge has, however, made an exception in the instant case on the ground, inter alia as follows :

(2.) Since the appellants herein have sought stay of the departmental proceeding on the ground that they have been subjected to a criminal charge in the Court, precisely on the same allegations, it was for them to satisfy the Court that the materials for proving the charges in the Criminal Court were/are similar to the materials required to prove the charges, in the departmental proceeding or otherwise there are good reasons to keep the departmental proceeding in abeyance until the criminal Court finally decided the issue.

(3.) On the facts of the instant case, we have no reason to hold that learned Single Judge has committed any mistake in making the exception and permitting the departmental proceeding to continue simultaneously with the criminal charge in the Court. There is no merit in the appeal. The appeal is accordingly dismissed.