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CAPT. M. PAUL ANTHONY vs. BHARAT GOLD MINES LTD. AND ANR.

SCR Citation: [1999] 2 S.C.R. 257
Year/Volume: 1999/ Volume 2
Date of Judgment: 30 March 1999
Petitioner: CAPT. M. PAUL ANTHONY
Disposal Nature: Appeal Allowed
Neutral Citation: 1999 INSC 139
Judgment Delivered by: Hon'ble Mr. Justice S. Saghir Ahmad
Respondent: BHARAT GOLD MINES LTD. AND ANR.
Case Type: CIVIL APPEAL/1906/1999
Order/Judgment: Judgment
1. Headnote

Service Law - Departmental and criminal proceedings on same set of facts continuing simultaneously - Effect of - Raid being conducted and incriminating articles recovered from Appellant's residence - Appellant's request for deferring departmental inquiry to await outcome of criminal trial rejected - Appellant not attending inquiry on account of ill health and financial difficulties - Inquiry held ex parte and appellant dismissed from service - Thereafter appellant acquitted in criminal case on same facts and examining same witnesses - Finding given that no search was conducted nor any recovery made - Held, it would be unjust and unfair to allow findings recorded at ex parte departmental enquiry to stand; appellant reinstated with entire arrears of salary - Constitution on India, Articles 14 and 16

Natural Justice - Non-payment of subsistence allowance during pendency of departmental inquiry - Appellant employee unable to attend on account of penury - Request for adjourning inquiry to await decision in criminal case refused - Proceedings held ex parte and appellant dismissed from service - Held dismissal in violation of natural justice; findings recorded at inquiry stood vitiated - Constitution of India, Articles 14 and 21-Fundamental Rule 53

Constitution of India, Article 136 - Appellant employee dismissed consequent upon ex parte departmental proceedings commenced in 1985 - Appellant acquitted in 1987 in criminal proceedings on same set of facts - Supreme Court setting aside dismissal in 1999 - Held, on facts, no fresh inquiry on same set of facts to be instituted. 

2. Case referred
3. Act
  • Constitution Of India
4. Keyword
  • Service Law
  • Departmental and criminal proceedings
5. Equivalent citation
    Citation(s) 1999 AIR 1416 = 1999 (3) SCC 679 = 1999 (3) Suppl. SCC 679 = 1999 (2) JT 456 = 1999 (2) Suppl. JT 456 = 1999 (2) SCALE 363