HARI PRAKASH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) By this writ petition, a prayer has been made to stay departmental enquiry pending criminal case on the same charges.

(3.) Learned counsel for the petitioner submits that if charge-sheet for departmental enquiry disclose same charges as exist in the criminal case and in both the cases, evidence to prove the case is same with involvement of complicated questions of law, departmental enquiry needs to be stayed. To substantiate his arguments, references of the judgment of the Hon'ble Apex Court in the case of Indian Overseas Bank, Annasalai and Anr. v. P. Ganesan and Anr., 2008 1 SCC 650; has been given. The judgments in the case of Hindustan Petroleum Corpn. Ltd. v. Sarvesh Berry, 2005 10 SCC 471, Kendriya Vidyalaya Sangathan and Ors. v. T. Srinivas, 2004 7 SCC 442, the case of SBI and Ors. v. R.B. Sharma, 2004 7 SCC 27 and lastly the judgment in the case of Noida Entrepreneurs Association v. Noida and Ors., 2007 10 SCC 385 have also been referred.