Industrial Tribunal's Findings On Employee's Alleged Misconduct Without Taking On Record Inquiry Report Not Sustainable: Gujarat High Court
The Gujarat High Court has held that an Industrial Tribunal, dealing with an employee's appeal challenging the disciplinary action taken by the Western Railways for an alleged misconduct, cannot delve into fairness of the procedure in the absence of inquiry officer's report.
The Division Bench of Justice A.S. Supehia and Justice Gita Gopi was dealing with two appeals- one preferred by the employee against Single judge's decision refusing to exonerate him. Another by the Western Railways, challenging the Single judge's decision in so far as it reduced the punishment imposed on the employee.
The Single judge had recorded that the Tribunal had proceeded in the absence of the findings of the Inquiry Officer during disciplinary inquiry. Yet, it had dismissed the employee's plea to exonerate him.
"In our opinion, in absence of the findings of the inquiry officer's report, the Tribunal could not have recorded a specific finding with regard to the findings of the inquiry officer in its report, which was not on record and the learned Single Judge has also committed the same error. The learned Single Judge should have remanded the matter to the Tribunal for appreciating the findings of the inquiry officer in his report," the Division bench observed at the outset.
It also noted that though the Tribunal had examined the oral and documentary evidence with regard to the alleged misconduct by the employee, no inquiry officer report was on record.
High Court therefore held that it is a fit case, where the matter has to be remanded to the Tribunal so that the findings of the inquiry officer can be examined. Also considering that the dispute arose as far back as in 2005, the High Court asked the Tribunal to dispose of the matter, preferably within a period of four months.
Case Title: Rajkumar Sitaldas Keswani v/s General Manager & Ors.