ANAND SINGH Vs. DEEPA SHARMA

JUDGEMENT

(1.) By the present petition the Petitioner impugns the award dated 5 th February, 1993 whereby it was held that the enquiry was not vitiated and thus there was no illegality in the termination of the Petitioner. It was further held that in view of the serious misconduct of the Petitioner, the punishment awarded to him was appropriate.

(2.) Learned counsel for the Petitioner contends that the Trial Court did not give any finding on the enquiry but went ahead straightway on the merits of the case, which was impermissible. In the alternative, even if the enquiry was held to be not vitiated, the learned Trial Court was bound to take further evidence on the quantum of punishment before deciding the reference. It is further urged that cross-examination of the management witness was never conducted. In view thereof, the evidence of management witness and the enquiry report could not have been looked into. There was no evidence before the learned Trial Court and hence the impugned award is vitiated.

(3.) Learned counsel for the Respondent contends that the management witness was not even cross-examined during the enquiry and when the second opportunity was granted to the Petitioner before the learned Trial Court, the same was also not availed of and hence no benefit from the same can be taken by the Petitioner. The misconduct of the Petitioner was grave and an appropriate enquiry was conducted which enquiry report and evidence was duly examined by the learned Trial Court and it came to the conclusion that the enquiry was not vitiated. There was no need for adducing fresh evidence to determine the quantum of punishment as the misconduct of the Petitioner was very serious in nature. Hence the petition be dismissed.