TMI Blog1988 (9) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... nal prosecution. Since the disciplinary proceeding as also the criminal trial were taken simultaneously, the appellant filed a civil action in the court of Munsif at Dhanbad asking for injunction against the disciplinary action PG NO 823 pending criminal trial. On 6.12.1986, the Munsif made an order staying further proceedings in the disciplinary action till disposal of the criminal case. The appeal of the Respondent No. 1 against the order of learned Munsif was dismissed on 31st March, 1987, by the appellate court. Thereupon the Respondent No. 1 moved the High Court in its revisional jurisdiction. The High Court by its order dated 7.7.1987 held: First information report was lodged against the opposite party (appellant) and the same was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CJ., as he then was, In the Himachal case indicated that fair play required the postponing of the criminal trial and Thakkar J. as our learned brother then was in the Gujarat case had also taken a similar view. PG NO 824 We would like to point out that there are also authorities in support of the position that there is nothing wrong in parallel proceedings being taken--one by way of the disciplinary proceeding and the other in the criminal court. Reference may be made to decision of this Court in Jang Bahadur Singh v. Baij Nath Tiwari, [1969] I SCR 134 and some decisions of High Courts such as Rama P.C. v. Superintendent of Police, Kolar Anr., AIR 1967 54 Mysore 220; Ali Mohd. Ors. v. Chairman T.A. C. Udhampur, [1981] 2 SLR 225; Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t since criminal proceedings had been started against Raghavan, the domestic enquiry should have been stayed pending the final disposal of the said criminal PG NO 825 proceedings. As this Court has held in the Delhi Cloth and General Mills Ltd. v. Kushal Bhan, it is desirable that if the incident giving rise to a charge framed against a workman in a domestic enquiry is being tried in a criminal court, the employer, should stay the domestic enquiry pending the final disposal of the criminal case ..... . In Jang Bahadur's case (supra) this Court said: The issue in the disciplinary proceedings is whether the employee is guilty of the charges on which it is proposed to take action against him. The same issue may arise for decision in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l trial As we have already stated that it is neither possible nor advisable to evolve a hard and fast, straight- jacket formula valid for all cases and of general application without regard to the particularities of the individual-situation. For the disposal of the present case, we do not think it necessary to say, anything more, particularly when we do not intend to lay down any general guideline. PG NO 826 In the instant case, the criminal action and the disciplinary proceedings are grounded upon the same set of facts. We are of the view that the disciplinary proceedings should have been stayed and the High Court was not right in interfering with the trial court's order of injunction which had been affirmed in appeal. The appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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