K PRABHAKAR Vs. LABOUR COURT ANANTAPUR

JUDGEMENT

(1.) Heard.

(2.) There isapossibility of some argument on the footing whether even in the case of an ex parte enquiry in a disciplinary proceeding evidence of some sort and findings will be necessary and before Punishment is imposed it will be necessary to serve a copy of the enquiry report upon the employee to make his comments. There is also possibility of some argument on the question whether filing of a memo by the advocate of the employee that he would not question the validity of the domestic enquiry, would absolve the court of its duty to go into the validity or otherwise of the domestic enquiry and whether there is any prejudice to the defence of the employee before the Labour Court for the reason of the above concession by the learned counsel appearing for the employee. We have perused the order of the learned single Judge, that of the labour Court, the appellate authority in the disciplinary proceeding and that of the disciplinary authority. Pleadings before us, however, do not make it clear that the appellant had ever intended to participate in the domestic enquiry. Even if there was some grievance in respect of the domestic enquiry, the same stood rectified when the appellant filed appeal and the appellate authority passed a reasoned order. Charges are grave and read as follows:

(3.) We have every reason to think that in case the appellant is responsible for what is alleged against him removal from service is the only appropriate order. We do not intend to examine, however any other aspect in the matter as the appellant has given no materials at any stage of the proceedings to show his innocence. Since, however, we have gone into the record and felt persuaded that there could be some defence which the appellant failed to bring to the notice of the competent authorities, notwithstanding the fact that the appellant has lost before the Labour Court and before this Court, we are inclined to observe that if so advised he can file a revision application before the competent authority and not withstanding delay the revisional authority may consider whether the punishment of removal from service should be modified and the punishment be reduced on grounds which the appellant is able to bring to its notice.