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2011 (5) TMI 353 - HC - Indian LawsSimultaneous continuation of the disciplinary proceedings and criminal proceedings - statutory auditors of M/s. Satyam Computer Services Ltd. (SCSL). - (a) Are the charges on which the disciplinary proceedings are proposed to be held identical or nearly similar to the charges on which they are facing criminal proceedings? (b) Are the criminal charges of a grave nature? (c) Do the charges involve complicated questions of law and fact? - Held that:- On a perusal of the comparative chart of the charges levelled in the disciplinary proceeding and the chargesheet in the criminal proceeding, the list of witnesses, the nature of enquiry, the purpose of enquiry and arraigning the appellants as accused persons in the criminal case are on a different base. The theory of prejudice that has been canvassed is not to be routinely inferred. It cannot be held in the obtaining factual matrix, that participation of the applicants in the departmental enquiry would seriously prejudice the defence at the trial in the criminal case. - ICAI to proceed with the departmental enquiry keeping in view the convenience of the appellants and affording them adequate opportunity to put forth their case from all spectrums.
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