Sub : Disciplinary Service matters

Decision :

The principles of law which are clear from various judgments of the Supreme Court relating to service matters which arise out of disciplinary action are as under :

  1. In case of no inquiry or even defective inquiry reinstatement with back wages cannot be granted automatically.
  2. The Management in such cases should be given liberty to hold the inquiry from the stage illegality has crept in or de-novo inquiry.
  3. The other alternative is to give liberty to Management to lead evidence before the Tribunal and thereafter the tribunal on scanning the entire evidence by giving the necessary opportunity to both the sides can finally decide the matter.
  4. These powers can be exercised by the Tribunal u/s 107 of the Code of Civil Procedure r/w O. 41, R. 27 CPC
  5. The Management must raise its right to adduce evidence in the alternative at the 1st opportunity in the Tribunal.
  6. During the period of De-novo inquiry or inquiry from the stage of fault/ illegality, the employee should be kept under suspension, subject to the final result of the inquiry.

The entitlement of the employee to reinstatement will depend on the new inquiry.

2020 DGLS Bom 364 Bombay High Court

Sub : Procedure of Disciplinary Inquiry

Issue :

What is the proper procedure of disciplinary inquiry?

Decision :

Landmark Judgment relating to the procedure of disciplinary inquiry: Chief Engineer, Latur Zone & Competent Offer, Maharashtra State Electricity Distribution Company Limited Vs NathuramWrit Petition No. 11616/2018Hon’ble Judge: A departmental inquiry has to be normally conducted in the following manner:

  1. A charge sheet cum show cause notice has to be served upon the employee, as per the 42nd amendment ( Article 311) to the Constitution ( refer M.D., ECIL Vs B. Karunkar, MANU/SC/0474/1992: 1992(1) SCC 709
  2. After the employee submits his written explanation, the Management has to make a decision as to whether it would initiate a departmental inquiry or not.
  3. After the Enquiry Officer is appointed, the onus and burden are upon the Management to lead evidence and support the charges leveled upon a delinquent.[ If the Management does not lead evidence and does not prove the contents of any document, the delinquent has to disprove nothing)
  4. The delinquent has the opportunity of cross-examining the Management witnesses, only if they are examined.
  5. The delinquent shall thereafter be permitted to lead oral and documentary evidence.
  6. The delinquent and his witness can be cross-examined by the Management representative, in sequence.
  7. If the rules permit, both parties can be granted the liberty to tender oral or written submissions.
  8. Thereafter, the Enquiry officer would submit his report.