MADAN LAL Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) C.M. No.10506/2016 (delay in re-filing the appeal) For the reasons mentioned in the application, the delay in refiling the appeal is condoned.

(2.) The appellant was charge sheeted for misconduct of allegedly harassing a woman co-employee. The charge sheet was based upon two complaints made by a co-employee (complainant). The complainant was examined in the course of the disciplinary proceedings/enquiry proceeding dated 28.08.2003 in the presence of the appellant. At that time he had a defence representative but did not cross-examine the complainant. On the next date i.e. 10.09.2003 the defence representative withdrew in the light of which the enquiry officer granted an opportunity to the appellant to engage another representative; on 18.09.2003, the appellant stated that he wished to defend himself in person. In these circumstances, further time was granted and on 26.09.2003 when the enquiry was held again, the complainant was recalled and a few questions were put by the enquiry officer to her, which were answered. At that stage, the appellant stated that he did not wish to cross-examine the complainant but rather, that would examine her at the end, after all departmental witnesses had been examined. The enquiry officer declined this request and asked the appellant to cross-examine the complainant. On the next date again at the commencement of proceedings, the appellant was asked to cross-examine the complainant. He did not do so and reiterated his demand that the cross-examination be carried out at the end of the proceedings.

(3.) The enquiry culminated in the finding of guilt of the appellant and the order of dismissal was made. This became the subject matter of the reference. The appellant unsuccessfully challenged the dismissal order in an internal appeal to the respondent/Reserve Bank after which he sought to agitate an industrial dispute which is the subject matter of the pending reference before the Labour Court. The Labour Court in its order on the preliminary issue as to the fairness of the enquiry held as follows: