Case Note & Summary
The petitioner, Nanasaheb Narayan Shelke, was employed by the respondent, Chief Executive Officer, Zilla Dekh Rekh Sahakari Sanstha Maryadit, from 01/08/1972. He was suspended on 28/06/1984 on allegations of misappropriation, and a departmental enquiry was initiated. He was dismissed from service on 18/03/1985. The respondent moved the Cooperative Court for recovery of the misappropriated amount, which was allowed on 30/09/1998, but the petitioner's appeal was allowed on 05/12/1998. Criminal proceedings (RTC No.456/1990) ended in acquittal on 15/12/2003. The petitioner attained superannuation in 1996. He raised an industrial dispute, which was referred to the Labour Court as Ref.(IDA) No.17/2008, 23 years after dismissal. The Labour Court held the domestic enquiry vitiated because the respondent failed to produce enquiry papers, claiming they were destroyed in a fire. A denovo enquiry was conducted before the Labour Court, but the charge sheet was not placed on record. The petitioner contended that the charge sheet was not served on him and that no denovo enquiry could be conducted without it. The Labour Court answered the reference in the negative. The High Court considered whether a denovo enquiry is sustainable without a charge sheet. The Court held that the charge sheet is not a mandatory requirement for a denovo enquiry; the employer can lead evidence to prove misconduct. The Labour Court's finding of misappropriation was based on evidence, and the absence of charge sheet did not vitiate the enquiry. The petition was dismissed.
Headnote
A) Service Law - Denovo Enquiry - Absence of Charge Sheet - Sustainability - The issue was whether a denovo enquiry conducted before the Labour Court without placing the charge sheet on record is sustainable - The Court held that the charge sheet is not a mandatory requirement for a denovo enquiry as long as the employer leads evidence to prove the misconduct - The Labour Court's finding that the petitioner was guilty of misappropriation was based on evidence, and the absence of charge sheet did not vitiate the enquiry (Paras 3, 5-6).
Issue of Consideration
Whether a denovo enquiry is sustainable in the absence of a charge sheet before the Labour Court or Tribunal.
Final Decision
The writ petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Denovo enquiry without charge sheet is sustainable if evidence of misconduct is led
- Charge sheet not mandatory in denovo enquiry before Labour Court
- Industrial Disputes Act
- 1947 Section 10 reference
