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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 7980 of 2004

PETITIONER:

Hindustan Petroleum Corporation Ltd. & Ors.

RESPONDENT:

Sarvesh Berry

DATE OF JUDGMENT: 09/12/2004

BENCH:

ARIJIT PASAYAT & S.H. KAPADIA

JUDGMENT:

J U D G M E N T

(Arising Out of S.L.P. (Civil) No. 24560 of 2003)

ARIJIT PASAYAT, J.

Leave granted.

Appellants calls in question legality of the judgment rendered by

a Division Bench of the Andhra Pradesh High Court which set aside the

judgment of the learned Single Judge and directed that departmental

proceedings were not to be continued until conclusion of criminal

charge.

Background facts in a nutshell are as under:

Hindustan Petroleum Corporation Ltd. (hereinafter referred to as

the ’employer’) is a Government of India enterprise.

Officials of the Central Bureau of Investigation (in short the

’CBI’) raided the house of the respondent (hereinafter referred to as

the ’employee’) on 13.3.1998 and found that he was in possession of

assets disproportionate to his known sources of income and consequently

a case was registered on 5.5.1998. After completion of investigation

charge she