MANAGEMENT OF DELHI HIGH COURT Vs. KISHORI LAL

JUDGEMENT

(1.) The petitioner-management has preferred the present writ petition to assail the order dated 04.10.2010 as well as the final award dated 02.04.2011 passed by the Labour Court-XII in ID No. 215/2008 on a reference made by the appropriate government on 08.10.2003 in relation to the punishment of removal from service imposed by the petitioner on the respondentemployee.

(2.) The respondent was a conductor with the petitioner with batch No. 16065. He was lastly posted at A.N. Depot. He was chargesheeted on 17.01.1989 with the allegation that he had not issued tickets to a group of 13 passengers with luggage after taking the fare from them. It was also alleged that cash with him was found short by Rs.51.50. He was alleged to have committed misconduct in terms of Para 4, Para 19(b), (f), (h) and (m) of the standing orders. A domestic enquiry was held after issuance of chargesheet.

(3.) The Labour Court dealt with the issue with regard to the legality and fairness of the departmental enquiry conducted by the petitioner vide impugned order dated 04.10.2010. Though the said departmental enquiry was held to have been conducted in accordance with the principles of natural justice, inter alia, on the basis that: the enquiry officer has dealt with the evidence of the management in a single sentence but the evidence of the respondent had been discussed in detail; the enquiry officer has not discussed the aspect of non-production of the complainant passengers, though they were material witnesses and they were "sine qua non" for proving the charge against the respondent, the departmental enquiry was set aside. The Labour Court held that the enquiry officer was influenced by the weakness of the defence's evidence rather than the strength of the department's case. The Labour Court found error in the approach of the enquiry officer and, therefore, even though the enquiry was found to be in compliance with the principles of natural justice, it was held that the report of the enquiry officer calls for review or re-appreciation of the material on record in the enquiry proceedings.