Case Note & Summary
The petitioner, a clerk employed with the Maharashtra State Electricity Distribution Company Limited (MSEDCL), was dismissed from service by order dated 26.06.2018 following disciplinary proceedings. The charge against her was that she abused and assaulted a Deputy Executive Engineer on 25.10.2017. A memorandum of charge sheet was issued on 18.12.2017, preceded by a preliminary enquiry conducted behind her back where statements of witnesses were recorded. The formal enquiry was conducted on a single day, 04.05.2018, during which no witness was summoned for deposition. The enquiry officer relied solely on the pre-recorded statements and submitted a report holding the charges proved. After a show cause notice, the disciplinary authority imposed the penalty of dismissal. The petitioner's first appeal, second appeal, and mercy appeal were rejected on 07.07.2018, 29.10.2018, and 02.01.2019 respectively. The petitioner challenged these orders before the High Court. The court found that the enquiry was conducted in gross violation of principles of natural justice as the petitioner was denied the opportunity to cross-examine witnesses. The enquiry officer's findings were based on no evidence and were perverse. The court set aside the dismissal order and all appellate orders, directing the respondents to reinstate the petitioner within four weeks with continuity of service and 50% back wages. The court clarified that the respondents are at liberty to conduct a fresh enquiry from the stage of issuance of charge sheet, if they so desire.
Headnote
A) Service Law - Disciplinary Proceedings - Natural Justice - Right to Cross-Examination - Enquiry conducted without summoning any witness for deposition and relying solely on pre-recorded statements - Held that denial of opportunity to cross-examine witnesses vitiates the enquiry and the penalty order (Paras 4-6). B) Service Law - Disciplinary Proceedings - Perverse Findings - Enquiry Officer's report based on no evidence - Held that findings based solely on pre-recorded statements without examination of witnesses are perverse and cannot be sustained (Paras 5-6).
Issue of Consideration
Whether the disciplinary enquiry and consequent dismissal order are vitiated for violation of principles of natural justice, particularly the right to cross-examine witnesses.
Final Decision
The court allowed the writ petition, quashed the dismissal order dated 26.06.2018 and the appellate orders dated 07.07.2018, 29.10.2018, and 02.01.2019. The respondents were directed to reinstate the petitioner within four weeks with continuity of service and 50% back wages. The respondents are at liberty to conduct a fresh enquiry from the stage of issuance of charge sheet, if they so desire.
Law Points
- Natural Justice
- Right to Cross-Examination
- Disciplinary Proceedings
- Enquiry Officer's Report
- Perverse Findings
